Wiebke Morgan
7246
Criminal Procedure Rules: new criminal practice directions
by Wiebke Morgan
On 29 May 2023 new criminal practice directions came into force. They are now organised as a set of chapters. Chapter 7 deals with Expert Evidence. There are several changes to note.
Prof Keith Rix, Certified Fellow of the EWI highlights and comments on these:
"First, 7.1.1 (previously 19A.1) has had a new item added to it:
7.1.1 Expert opinion evidence is admissible in criminal proceedings if, in summary:
…
(d) the expert opinion is sufficiently reliable to be admitted.
So there should be a ‘methodology’ section in your report where you provide sufficient information about the methodology you have adopted for the court to assess the reliability of your opinion
Second, in relation to the requirement that a party wishing to introduce expert evidence should give notice of anything of which that party is aware which might reasonably be thought capable of undermining the reliability of the expert’s opinion or detracting from their credibility or impartiality, one of the examples has been made more explicit. 19A.7 (c) which is now 7.1.4(c) has been expanded from ‘adverse judicial comment’ to:
adverse judicial comment regarding a particular expert or corporation or other body for whom the expert works whether by a first instance tribunal or on appeal
Third, whereas previously the parties were asked to consider holding an experts’ meeting, and they were not compulsory unless ordered by the court, paragraph 7.3.1 (previously 19C.1) states:
The court must give a direction for a pre-hearing discussion between experts in every case unless unnecessary.
This means that experts’ meetings in the criminal jurisdiction are likely to become as common as in the civil and family jurisdictions.
Fourth, there is a change to the ‘Expert’s Declaration’ that affects experts instructed by the prosecution. The extra declaration required of experts instructed by the prosecution should now refer to the current CPS Guidance for Experts on Disclosure, Unused Material, and Case Management "