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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 28 February 2022 - onwards
Version 3 of 3

34. Expert evidence adduced by defence.

(1) An accused shall not call an expert witness or adduce expert evidence unless leave to do so has been granted under this section.

(2) Where the defence intends to call an expert witness or adduce expert evidence, whether or not in response to such evidence presented by the prosecution, notice of the intention shall be given to the prosecution at least 28 days prior to -

(a) the scheduled date of the start of the trial,

(b) the scheduled date of a preliminary trial hearing (within the meaning of Part 2 of the Criminal Procedure Act 2021), where the defence intends to call the expert witness or adduce the expert evidence, as the case may be, at that hearing, or

(c) such earlier date as the court may direct.

(3) A notice under subsection (2) shall be in writing and shall include -

(a) the name and address of the expert witness, and