OpenLegislation

Section 20 Other statutory rules as to disclosure.E1

England, Wales and Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C1(1)

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).

Annotations

Textual amendments

F1

S. 20(2) repealed (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 332, 336, Sch. 36 Pt. 3 para. 35(a), Sch. 37; S.I. 2005/950. {art. 2}, Sch.; S.I. 2005/1817, art. 2

F2

Words in s. 20(3) substituted (1.9.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 378; S.I. 2004/2066, art. 2

F3

Words in s. 20(5)(a) substituted (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 3 para. 35(b); S.I. 2005/950, art. 2, Sch.; S.I. 2005/1817, art. 2

Marginal citations

M1

1978 c. 30.

Modifications

C1

S. 20(1) excluded (E.W.) (prosp.) by 1997 c. 39, ss. 9(2), 11(2)

Extent

E1

In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79

Notes on Part I

Modifications

C1

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)

C2

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))