Explanatory note

These Rules add the following new provisions to the Criminal Procedure Rules 2005 (“the Rules”):

• A new Part 33 (expert evidence), in substitution for the existing Part 33, which sets out the duty of an expert to the court and the content of an expert’s report. It allows the court to direct that defence evidence will be given by a single joint expert.

• A new Part 36 (evidence about a complainant’s sexual behaviour), in substitution for the existing Part 36, which revises and simplifies the rules about applications under section 41 of the Youth Justice and Criminal Evidence Act 1999.

• A new rule 2.1 (when the Rules apply) explains when the new expert evidence rules in Part 33 will apply.

In addition, the following amendments are made:

• Part 4 (service of documents) is extended to govern the service of a requisition issued by a public prosecutor under section 29 of the Criminal Justice Act 2003.

• Part 7 (commencing proceedings in magistrates' courts) is extended to govern the form and content of a requisition and written charge issued by a public prosecutor under section 29 of the Criminal Justice Act 2003. The amended Rules require that a summons or requisition must state the name of the justice or public prosecutor responsible for issuing it.

• Part 15 (preparatory hearings in cases of serious fraud and other complex or lengthy cases in the Crown Court) is extended to govern applications under section 17 of the Domestic Violence, Crime and Victims Act 2004 for trial of some of the counts in an indictment without a jury.

• Part 68 (appeal to the Court of Appeal against conviction or sentence) is extended to govern the procedure on an appeal to the Court of Appeal under section 74(8) of the Serious Organised Crime and Police Act 2005 against a sentence review decision.

• Rule 24.1 (requirement to disclose expert evidence) is amended to require that an expert whose findings are disclosed under the rule is made aware of that disclosure, which is relevant to the expert’s duty to the court under Part 33. The amended rule requires service on the court of a statement provided to another party under that rule.

• Rule 29.8 (expert evidence in connection with special measures directions) is amended to require that an expert whose findings are disclosed under the rule is made aware of that disclosure, which is relevant to the expert’s duty to the court under Part 33. The amended rule requires service on the court of a statement provided to another party under that rule.