Criminal procedure rules changes explained by Private GP in London Dr Martin Harris who is an Expert Witness for medico legal reports. Two changes to Criminal Practice Directions 2023 came into effect 22 July 2024. This amendment related to Pre-hearing discussion of expert evidence section 7.3 was changed. Previously, experts in discussion and to narrow issues and in particular to identify the extent of the agreement between them and the points of and the short reasons for any disagreement. This raised the question: Was this only needed only when they disagreed?
This matter was clarified and the procedures concerning expert evidence amended, specifically in paragraphs 7.3.2 and 7.3.5. These amendments aim to ensure consistency with rule 19.6(2)(b) of the Criminal Procedure Rules.
Key Changes:Criminal procedure rules changes
- Paragraph 7.3.2(b):
- The phrase “and short reasons for” has been removed.
- Paragraph 7.3.5:Criminal procedure rules changes
- The first sentence now reads: “A statement must be prepared by the experts dealing with paragraphs 7.3.2(a) – (d) above and giving reasons for the agreement or disagreement. Reasons should be succinct, especially on points about which experts agree.”
Criminal procedure Rules change emphasize the importance of clarity and brevity in expert statements, particularly regarding areas of agreement. Experts working in criminal cases should be aware of this new requirement and ensure compliance with these updated requirements for any joint statements prepared or submitted from 22 July 2024 onwards.
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