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Expert reports

1. Experts' reports are admissible in evidence whether or not the expert gives oral evidence. 1 If the expert does not give oral evidence at court, then leave of the court is necessary for the report to be admitted. In deciding whether to give leave, the court will have regard to the contents of the report, the reasons for the expert not giving evidence, the risk of unfairness to the accused, in particular having regard to whether it is likely to be possible to controvert the statements in the report, and any other relevant circumstances. 2 Again, this requirement is specifically disapplied in relation to committal proceedings by the CPIA 1996 3, and such expert reports are automatically admissible.


Footnotes

  1. 1 CJA 1988, s.30.
  2. 2 CJA 1988, s.30(2).
  3. 3 CPIA 1996 Sch.1 para 32.
Updated 2009-07-07