C2C3Part I Disclosure
Pt. I power to apply (with modifications) conferred by SI 2015/1490 rule 23.2 Note (as inserted (2.4.2018) by The Criminal Procedure (Amendment) Rules 2018 (S.I. 2018/132), rules 1, 11(a)(v))
Other provisions
E120Other statutory rules as to disclosure.
C11
A duty under any of the disclosure provisions shall not affect or be affected by any duty arising under any other enactment with regard to material to be provided to or by the accused or a person representing him; but this is subject to subsection (2).
2
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F2The power to make Criminal Procedure Rules includes power to make, with regard to any proceedings before a magistrates’ court which relate to an alleged offence, provision for—
a
requiring any party to the proceedings to disclose to the other party or parties any expert evidence which he proposes to adduce in the proceedings;
b
prohibiting a party who fails to comply in respect of any evidence with any requirement imposed by virtue of paragraph (a) from adducing that evidence without the leave of the court.
4
Rules made by virtue of subsection (3)—
a
may specify the kinds of expert evidence to which they apply;
b
may exempt facts or matters of any description specified in the rules.
5
For the purposes of this section—
a
the disclosure provisions are F3sections 3 to 8 ;
b
“enactment” includes an enactment comprised in subordinate legislation (which here has the same meaning as in the M1Interpretation Act 1978).
Pt I: Power to modify conferred (27.7.1999 for specified purposes and otherwise (4.9.2000) by 1999 c. 23, s. 38(7)(a) (with s. 63(2), Sch. 7 paras. 3(3), 4, 5(2)); S.I. 2000/2091, art. 2(c)
Pt. I: Power to modify conferred (1.12.2003) by S.I. 1999/2789 (N.I. 8), art. 26(7); S.R. 2003/476, art. 4(a)