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Part 2 · Expert’S Opinion

6. Concurrent expert evidence

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(1)

The court may order that some or all of the expert witnesses testify as a panel if the parties with an interest in the determination of the expert evidence consent to the production and examination of those expert witnesses as a panel.

(2)

The expert witnesses ordered under paragraph (1) to testify as a panel may do so at any time the court may determine (including before the close of the prosecution’s case).

(3)

For the purposes of paragraph (1), when consent is given by an accused who is not represented by an advocate, the court must be satisfied that the accused —

(a)

understands that the evidence of the accused’s expert witness can be considered by the court to determine if the accused has a case to answer at the close of the prosecution’s case; and

(b)

understands the manner in which the evidence of the experts will be given as a panel as provided in rule 7.

(4)

To avoid doubt, when an accused’s expert witness testifies as part of a panel during the prosecution’s case —

(a)

the accused is not deemed to have waived the accused’s right to submit that there is no case for the accused to answer at the close of the prosecution’s case; and

(b)

any evidence from the accused’s expert witness can be considered by the court in determining if the accused has a case to answer at the close of the prosecution’s case.

Subregulation 1

The court may order that some or all of the expert witnesses testify as a panel if the parties with an interest in the determination of the expert evidence consent to the production and examination of those expert witnesses as a panel.

Subregulation 2

The expert witnesses ordered under paragraph (1) to testify as a panel may do so at any time the court may determine (including before the close of the prosecution’s case).

Subregulation 3

For the purposes of paragraph (1), when consent is given by an accused who is not represented by an advocate, the court must be satisfied that the accused —

(a)

understands that the evidence of the accused’s expert witness can be considered by the court to determine if the accused has a case to answer at the close of the prosecution’s case; and

(b)

understands the manner in which the evidence of the experts will be given as a panel as provided in rule 7.

Subregulation 4

To avoid doubt, when an accused’s expert witness testifies as part of a panel during the prosecution’s case —

(a)

the accused is not deemed to have waived the accused’s right to submit that there is no case for the accused to answer at the close of the prosecution’s case; and

(b)

any evidence from the accused’s expert witness can be considered by the court in determining if the accused has a case to answer at the close of the prosecution’s case.

Report

Part 3

Appointment and Revocation of Appointment of Psychiatrists