(1) A defendant who intends to adduce, in relevant proceedings, admissible opinion evidence of a witness must give to the Director of Public Prosecutions a notice of evidence in relation to the witness before the end of the prescribed period, if any, in relation to the relevant proceedings.
(2) A notice of evidence in relation to a witness is a notice in writing that –
(a) contains the name and business address of the witness; and
(b) describes the qualifications of the witness to give admissible opinion evidence; and
(c) sets out the substance of the admissible opinion evidence it is proposed to adduce from the witness and the acts, facts, matters and circumstances on which the opinion is formed.
(3) For the purposes of this section, the prescribed period in relation to admissible opinion evidence that is to be adduced –
(a) in a trial on indictment (other than in circumstances to which paragraph (b) , (c) or (d) applies) where the defendant has been warned in accordance with section 331B(2)(d) of the requirements of subsection (1) , is –
(i) the period of 7 days from the day on which the defendant is warned of the requirements; or
(ii) if the admissible opinion evidence does not become available to the defendant until after the date on which the defendant is warned of the requirements, as soon as practicable after the admissible opinion evidence becomes available to the defendant; or
(b) in an investigation as to the defendant's fitness to stand trial, is as soon as practicable after the admissible opinion evidence becomes available to the defendant; or
(c) in a special hearing, is as soon as practicable after the admissible opinion evidence becomes available to the defendant; or
(d) insubmissions as to sentencing at a trial on indictment for an offence, is as soon as practicable after the admissible opinion evidence becomes available to the defendant.
(4) If the defendant does not comply with subsection (1) in relation to admissible opinion evidence that he or she intends to adduce in relevant proceedings, the admissible opinion evidence may not be adduced in the proceedings except in accordance with an order or direction of a court or a judge under subsection (5) .
(5) A court or judge may do any or all of the following if a defendant does not comply with subsection (1) in relation to admissible opinion evidence:
(a) order or direct that the admissible opinion evidence may be adduced in relevant proceedings;
(b) order or direct that a notice of evidence in relation to the admissible opinion evidence is required to be given to the Director of Public Prosecutions within a period specified in the order or direction;
(c) make any other order or direction that the court or judge thinks appropriate in relation to the admissible opinion evidence.
(6) If the defendant intends to adduce, in relevant proceedings, admissible opinion evidence relevant to the defendant's mental state, or medical condition, at the time of an alleged offence to which the proceedings relate, the court or a judge may, on the application of the prosecutor, require the defendant to submit, at the prosecutor's expense, to an examination by a person qualified to give admissible opinion evidence on the defendant's mental state or medical condition.
(7) Subsection (8) applies in relation to admissible opinion evidence adduced, or to be adduced, in relevant proceedings, if –
(a) the defendant adduces the admissible opinion evidence, or intends to adduce the admissible opinion evidence, in the proceedings in accordance with an order or direction of a court or a judge under subsection (5) ; or
(b) a notice of evidence in relation to the admissible opinion evidence is given to the Director of Public Prosecutions less than 14 days before the proceedings begin.
(8) If this subsection applies in relation to admissible opinion evidence adduced, or intended to be adduced, in relevant proceedings, a court or a judge may –
(a) on the application of the prosecutor, adjourn the proceedings to allow the prosecution a reasonable opportunity to do any or all of the following:
(i) to consider a notice of evidence, if any, in relation to the admissible opinion evidence;
(ii) to consider the admissible opinion evidence, if any;
(iii) to obtain evidence on the matter to which the admissible opinion evidence adduced, or intended to be adduced, relates; or
(b) if a jury has been empanelled and the adjournment would, in the opinion of the court, adversely affect the course of the relevant proceedings, discharge the jury and order that the relevant proceedings be re-commenced.
(9) The court is to grant an application for an adjournment under subsection (8)(a) , unless there are good reasons, in the opinion of the court, not to do so.
(10) The prosecutor or the court (or both) may comment to the jury on the failure of a defendant to comply with a requirement of subsection (1) in relation to admissible opinion evidence adduced in relevant proceedings.
(11) A notice required by this section to be given to the Director of Public Prosecutions may be given –
(a) by delivering it to him or her; or
(b) by leaving it at his or her office; or
(c) by sending it in a registered letter, or by certified mail, addressed to him or her at his or her office.
(12) In computing a prescribed period for the purposes of this section, any day that is an excluded day for the purposes of section 29 of the Acts Interpretation Act 1931 must be disregarded.
admissible opinion evidence means evidence of an opinion to which section 79 of the Evidence Act 2001 applies;
investigation as to the defendant's fitness to stand trial means an investigation under the Criminal Justice (Mental Impairment) Act 1999 into a defendant's fitness to stand trial for an indictable offence;
relevant proceedings, in relation to a defendant, means –
(a) a trial of the defendant on indictment; or
(b) an investigation as to the defendant's fitness to stand trial; or
(c) a special hearing in relation to the defendant; or
(d) proceedings in relation to the sentencing of the defendant in relation to an offence for which the defendant has been tried on indictment;