331ANotice of expert evidence

331A Notice of expert evidence (1) This section applies if a person (the accused) is to be tried in a court on indictment. (2) If the accused intends to adduce any expert evidence during the trial, the accused must give written notice in accordance with this section to the court and prosecution: (a) at least 14 days before the start of the trial; or (b) within another time allowed by the court. Criminal Code Act 1983 285 (3) The notice: (a) must specify: (i) the name, address and qualifications of the witness who is to give the expert evidence; and (ii) the substance of the expert evidence; and (b) must be accompanied by a copy of any existing document containing opinions or findings (or both) made by the witness that the accused intends to rely on as all or part of the expert evidence. (4) If a document mentioned in subsection (3)(b) comes into existence after the notice was given but before the start of the trial, the accused must give a copy of it to the court and prosecution before the start of the trial. (5) For subsections (2) and (4), the notice to the prosecution must be served on the Director of Public Prosecutions (the Director) by: (a) giving it to the Director or someone authorised by the Director to receive the notice; or (b) sending it by certified mail addressed to the Director at the address of the office of the Director. (6) Subsections (2) to (5) have effect except as allowed by the court. (7) If the accused contravenes any provision of this section: (a) the court may, on application by the prosecution: (i) if the jury has been empanelled – discharge the jury and adjourn the trial; or (ii) otherwise – adjourn the trial; and (b) the court or prosecution may make comment to the jury in relation to the contravention (but must not suggest that, because of the contravention, the accused is guilty of the offence to which the trial relates). Criminal Code Act 1983 286