Source: All England Reporter
Publisher Citation: [2002] All ER (D) 145 (Jul)
Court: Administrative Court
Judge:

Michael Supperstone QC sitting as a deputy judge of the High Court

Representation Nigel Ley (instructed by Freeman & Co, Manchester) for the defendant.
  William Baker (instructed by the Crown Prosecution Service) for the prosecution.
Judgment Dates: 10 July 2002

Catchwords

Magistrates - Evidence - Admission - Prosecution's expert evidence tendered outside time limit - Justices exercising discretion to allow prosecution to adduce expert evidence - Whether justices exercise of discretion unreasonable - Magistrates' Courts (Advance Notice of Expert Evidence) Rules 1997, rr 3 and 5.

The Case

In exercising their discretion, under r5 of the Magistrates' Courts (Advance Notice of Expert Evidence) Rules 1997, to permit the prosecution to adduce expert evidence even though it had been served in breach of r3, they had not acted unreasonably. If the defendant had considered he was at a disadvantage, his remedy was to apply for an adjournment of the hearing.

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