{"id":1631,"date":"2021-08-02T21:43:29","date_gmt":"2021-08-02T21:43:29","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1631"},"modified":"2024-03-22T22:10:05","modified_gmt":"2024-03-22T22:10:05","slug":"expert-evidence","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/expert-evidence\/","title":{"rendered":"Expert Evidence"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/expert-evidence\/#Experts\" title=\"Experts\">Experts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/expert-evidence\/#Role\" title=\"Role\">Role<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/expert-evidence\/#Ordinary_Human_Experience\" title=\"Ordinary Human Experience\">Ordinary Human Experience<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/expert-evidence\/#Qualifications\" title=\"Qualifications\">Qualifications<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/expert-evidence\/#Anti-Terrorist_Offences\" title=\"Anti-Terrorist Offences\">Anti-Terrorist Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/expert-evidence\/#Pre-Trial_Disclosure_by_Defence\" title=\"Pre-Trial Disclosure by Defence\">Pre-Trial Disclosure by Defence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/expert-evidence\/#Requirement_for_Leave\" title=\"Requirement for Leave\">Requirement for Leave<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/expert-evidence\/#Grant_of_Leave\" title=\"Grant of Leave\">Grant of Leave<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/expert-evidence\/2\/#CRIMINAL_PROCEDURE_ACT_2010\" title=\"CRIMINAL PROCEDURE ACT 2010\">CRIMINAL PROCEDURE ACT 2010<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/expert-evidence\/2\/#Giving_of_Evidence\" title=\"Giving of Evidence\">Giving of Evidence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/expert-evidence\/2\/#Amendment_of_Criminal_Justice_Evidence_Act_1924\" title=\"Amendment of Criminal Justice (Evidence) Act 1924.\">Amendment of Criminal Justice (Evidence) Act 1924.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/expert-evidence\/2\/#Evidence_of_character\" title=\"Evidence of character.\">Evidence of character.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/expert-evidence\/2\/#Expert_evidence_adduced_by_defence\" title=\"Expert evidence adduced by defence.\">Expert evidence adduced by defence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/expert-evidence\/2\/#Return_or_disposal_of_property_to_be_used_as_evidence\" title=\"Return or disposal of property to be used as evidence.\">Return or disposal of property to be used as evidence.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Experts\"><\/span>Experts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The general principles of law applicable to expert evidence apply in criminal and civil matters.\u00a0 An expert who is shown to have expertise in a particular area may offer expert opinion on matters in issue.\u00a0 The underlying facts which are the basis of the opinion must be proved or must be explicitly stated to be assumed.<\/p>\n<p>An expert is someone who furnishes information that is outside the ordinary experience and knowledge of judge and jury. Whether or not a person is an expert is determined by the judge<\/p>\n<p>Most experts will have a form of professional qualification in their areas of expertise.\u00a0 However, an expert need not be formally qualified.\u00a0 He need not profess a particular calling or regularly undertake a particular activity.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Role\"><\/span>Role<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The witness shall not give evidence on the ultimate issue in the trial.\u00a0 This is for the jury or the judge if there is no jury function of the expert is to provide expert knowledge to assist the trial of facts and allow the judge and\/ or jury to come to their conclusion. on the facts, The distinction may be difficult to draw in some cases.<\/p>\n<p>It is suggested that the rule has diminished in modern times with a great increase in the nature of expertise available on various issues.\u00a0 The rule can be used to exist in practice may be somewhat reduced in scope.<\/p>\n<p>An accused shall not call an expert witness or adduce expert evidence unless leave to do so has been granted.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Ordinary_Human_Experience\"><\/span>Ordinary Human Experience<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The courts have been reluctant to allow psychiatric and psychological evidence in relation to issues that are more appropriately assessed by a judge and jury as within ordinary experience. It is said that the expert should not give evidence as to the ultimate issues in the case.\u00a0 Matters of motive and intention are deemed matters of ordinary human experience by which the jury is the arbiter f facts.<\/p>\n<p>In particular, where issues of intention and motivation are central to the issues in the case, the court will be reluctant to allow expert evidence on these issues directly, as its effect would be to usurp the jury\u2019s determination. Expert witness evidence is not generally permitted in given in relation to the credibility of the witnesses.<\/p>\n<p>This is not to say that psychiatric and psychological evidence is not commonly heard in criminal cases. For example, the courts recognise that in some cases, expert evidence may illuminate a particular abnormality relevant to the reliability of the defendant\u2019s evidence or confession.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Qualifications\"><\/span>Qualifications<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The expert witness must give evidence of his qualifications in the particular area.\u00a0 It must be established to the satisfaction of the judge.\u00a0 The judge will consider whether, by virtue of training and\/or experience, he is qualified as an expert to give the type of evidence concerned,<\/p>\n<p>An expert will not necessarily be of required expertise in a well-known field of endeavour.\u00a0 Expert evidence has been allowed in respect of abilities acquired in unconventional means and in unconventional areas.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Anti-Terrorist_Offences\"><\/span>Anti-Terrorist Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Separately a number of acts in the antiterrorist and antigang land areas have allowed for the admission of evidence of an opinion by senior police officers as to membership of gangs or unlawful organisation.\u00a0 Notwithstanding that the opinion relates directly to the subject matter of an offence and there are limitations on cross-examination as the sources, the provisions have been upheld in a number of challenges on constitutional and human rights grounds.<\/p>\n<p>The expert witness should be independent and with a primary obligation to the court.\u00a0 It should state the facts or assumptions on which an opinion is based.<\/p>\n<p>If there isn\u2019t sufficient information on which to base an opinion, he should make it clear that this is the case.<\/p>\n<p>If the matter arises which is outside his areas of expertise, the expert witness should so declare if he changes his mind after confirming with other witnesses or at any stage this should be communicated to the other side and to the court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Pre-Trial_Disclosure_by_Defence\"><\/span>Pre-Trial Disclosure by Defence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Criminal Procedure Act 2010 makes provision for disclosure by the defence prior to trial of expert evidence.\u00a0 \u201cExpert evidence\u201d means evidence of fact or opinion given by an expert witness, and an \u201cexpert witness\u201d means a person who appears to the court to possess the appropriate qualifications or experience about the matter to which the witness&#8217;s evidence relates.<\/p>\n<p>The defence must obtain leave of the court before calling expert evidence.\u00a0\u00a0It must give at least 10 days prior notice of its intention to call expert evidence of the trial.\u00a0 The notice must be given at least 10 days before the scheduled trial date.<\/p>\n<p>The notice must be written and specify the particulars of the witness.\u00a0 It must include any reports prepared by the expert witness in relation to matters relevant to the case including details of analysis carried by or on behalf of or laid down by the expert witness or summary of findings of the expert witness.<\/p>\n<p>If the report is not given with the notice, the court may nonetheless allow it to be given as evidence if it is satisfied that the accused took all reasonable steps to secure the report or summary before giving the notice.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Requirement_for_Leave\"><\/span>Requirement for Leave<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court shall grant leave to call expert evidence on behalf of the defence if it is satisfied that the expert evidence to be offered satisfies the requirements of the law of evidence and that the requirements for notice have been complied with or where the notice was not given it would not know all the circumstances have been reasonably possible for the defence to have done so or the prosecution has offered expert evidence and the matter arose that it is not reasonably possible for the defence to have anticipated and it would be in the interest of justice for that matter to be further examined in order to establish its relevance.<\/p>\n<p>The prosecution has the right to be heard on the above application.\u00a0 Where the court grants leave the prosecution is to be given a reasonable opportunity to consider the report or summary.<\/p>\n<p>The requirement has withstood High Court challenge on the basis of a constitution and the European convention on human rights.\u00a0 It is claimed that interfered with the ability of the defence to test prosecution evidence and in particular, the prosecution was not subject to an equivalent requirement. The High Court decided that the provision was balanced and that the judge could use discretionary powers to avoid unfairness to the accused.\u00a0 The matter had not come before the Supreme Court.<\/p>\n<p>\u201cExpert evidence\u201d means evidence of fact or opinion given by an expert witness, and an \u201cexpert witness\u201d means a person who appears to the court to possess the appropriate qualifications or experience about the matter to which the witness&#8217;s evidence relates.<\/p>\n<p>Where the defence intends to call an expert witness or adduce expert evidence, whether or not in response to such evidence presented by the prosecution, notice of the intention shall be given to the prosecution at least 10 days prior to the scheduled date of the start of the trial.<\/p>\n<p>The notice shall be in writing and shall include the name and address of the expert witness, and any report prepared by the expert witness concerning a matter relevant to the case, including details of any analysis carried out by or on behalf of or relied upon by, the expert witness, or a summary of the findings of the expert witness.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Grant_of_Leave\"><\/span>Grant of Leave<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court may grant leave to call an expert witness or adduce expert evidence even if no report or summary of the findings are included as required if the court is satisfied that the accused took all reasonable steps to secure the report or summary before giving the notice.<\/p>\n<p>The court shall grant leave to call an expert witness or adduce expert evidence, on application by the defence, if it is satisfied that the expert evidence to be adduced satisfies the requirements of any enactment or rule of law relating to evidence and that\u2014<\/p>\n<ul>\n<li>the above conditions have been complied with,<\/li>\n<li>where the notice was not given at least 10 days prior to the scheduled date of the start of the trial, it would not, in all the circumstances of the case, have been reasonably possible for the defence to have done so, or<\/li>\n<li>where the prosecution has adduced expert evidence, a matter arose from that expert\u2019s testimony that was not reasonably possible for the defence to have anticipated and it would be in the interests of justice for that matter to be further examined in order to establish its relevance to the case.<\/li>\n<\/ul>\n<p>The prosecution shall be heard in the application.<\/p>\n<p>Where the court grants leave under this section, the prosecution shall be given a reasonable opportunity to consider the report or summary before the expert witness gives the evidence or the evidence is otherwise adduced.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL PROCEDURE ACT 2010<\/h2>\n<h4>Giving of Evidence<\/h4>\n<h4>Amendment of Criminal Justice (Evidence) Act 1924.<\/h4>\n<p>33.\u2014 The Criminal Justice (Evidence) Act 1924 is amended\u2014<\/p>\n<p>(a) in section (1)(f)\u2014<\/p>\n<p>(i) in subparagraph (ii)\u2014<\/p>\n<p>(I) by the substitution of \u201cquestions of any witness\u201d for \u201cquestions for the witnesses for the prosecution\u201d, and<\/p>\n<p>(II) by the substitution of \u201cperson in respect of whom the offence was alleged to have been committed\u201d for \u201cprosecutor\u201d,<\/p>\n<p>and<\/p>\n<p>(ii) by the insertion of the following subparagraph after subparagraph (iii):<\/p>\n<p>\u201c(iiia) the person has personally or by the person\u2019s advocate asked questions of any witness for the purpose of making, or the conduct of the defence is such as to involve, imputations on the character of a person in respect of whom the offence was alleged to have been committed and who is deceased or is so incapacitated as to be unable to give evidence; or\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the insertion of the following section after section 1:<\/p>\n<p>\u201c<\/p>\n<h4>Evidence of character.<\/h4>\n<p>1A.\u2014 Where a person charged with an offence intends to adduce evidence, personally or by the person\u2019s advocate, of a witness, including the person, that would involve imputations on the character of a prosecution witness or a person in respect of whom the offence is alleged to have been committed and who is either deceased or so incapacitated as to be unable to give evidence, or evidence of the good character of the person\u2014<\/p>\n<p>(a) the person may do so only if he or she\u2014<\/p>\n<p>(i) has given, either personally or by his or her advocate, at least 7 days\u2019 notice to the prosecution of that intention, or<\/p>\n<p>(ii) has applied to the court, citing the reasons why it is not possible to give the notice, and been granted leave to do so,<\/p>\n<p>and<\/p>\n<p>(b) notwithstanding section 1(f), the person may be called as a witness and be asked, and the prosecution may ask any other witness, questions that\u2014<\/p>\n<p>(i) would show that the person has been convicted of any offence other than the one wherewith he or she is then charged, or is of bad character, or<\/p>\n<p>(ii) would show that the person in respect of whom the offence was alleged to have been committed is of good character.\u201d.<\/p>\n<h4>Expert evidence adduced by defence.<\/h4>\n<p>34.\u2014 (1) An accused shall not call an expert witness or adduce expert evidence unless leave to do so has been granted under this section.<\/p>\n<p>F12[(2) Where the defence intends to call an expert witness or adduce expert evidence, whether or not in response to such evidence presented by the prosecution, notice of the intention shall be given to the prosecution at least 28 days prior to\u2014<\/p>\n<p>(a) the scheduled date of the start of the trial,<\/p>\n<p>(b) the scheduled date of a preliminary trial hearing (within the meaning of Part 2 of the Criminal Procedure Act 2021), where the defence intends to call the expert witness or adduce the expert evidence, as the case may be, at that hearing, or<\/p>\n<p>(c) such earlier date as the court may direct.]<\/p>\n<p>(3) A notice under subsection (2) shall be in writing and shall include\u2014<\/p>\n<p>(a) the name and address of the expert witness, and<\/p>\n<p>(b) any report prepared by the expert witness concerning a matter relevant to the case, including details of any analysis carried out by or on behalf of, or relied upon by, the expert witness, or a summary of the findings of the expert witness.<\/p>\n<p>(4) The court may grant leave to call an expert witness or adduce expert evidence even if no report or summary of the findings are included as required by subsection (3)(b), if the court is satisfied that the accused took all reasonable steps to secure the report or summary before giving the notice.<\/p>\n<p>(5) The court shall grant leave under this section to call an expert witness or adduce expert evidence, on application by the defence, if it is satisfied that the expert evidence to be adduced satisfies the requirements of any enactment or rule of law relating to evidence and that\u2014<\/p>\n<p>(a) subsections (2) and (3) have been complied with,<\/p>\n<p>F12[(b) where notice was not given within the period specified in paragraph (a), (b) or (c), as the case may be, of subsection (2) \u2014<\/p>\n<p>(i) it would not, in all the circumstances of the case, have been reasonably possible for the defence to have done so, or<\/p>\n<p>(ii) it is otherwise necessary in the interests of justice that the expert witness give evidence or the expert evidence be adduced,<\/p>\n<p>or]<\/p>\n<p>(c) where the prosecution has adduced expert evidence, a matter arose from that expert\u2019s testimony that was not reasonably possible for the defence to have anticipated and it would be in the interests of justice for that matter to be further examined in order to establish its relevance to the case.<\/p>\n<p>(6) The prosecution shall be heard in an application under subsection (4) or (5).<\/p>\n<p>(7) A notice required by this section to be given to the prosecution may be given by delivering it to the prosecutor, or by leaving it at his or her office or by sending it by registered post to his or her office.<\/p>\n<p>(8) Where the court grants leave under this section, the prosecution shall be given a reasonable opportunity to consider the report or summary before the expert witness gives the evidence or the evidence is otherwise adduced.<\/p>\n<p>(9) In this section\u2014<\/p>\n<p>\u201cexpert evidence\u201d means evidence of fact or opinion given by an expert witness, and<\/p>\n<p>\u201cexpert witness\u201d means a person who appears to the court to possess the appropriate qualifications or experience about the matter to which the witness&#8217;s evidence relates.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F12<br \/>\nSubstituted (28.02.2022) by Criminal Procedure Act 2021 (7\/2021), s. 18(a), (b), S.I. No. 79 of 2022.<\/p>\n<h4>Return or disposal of property to be used as evidence.<\/h4>\n<p>35.\u2014 (1) This section applies where property that is to be entered in evidence in a criminal trial is to be\u2014<\/p>\n<p>(a) returned to its owner, or<\/p>\n<p>(b) disposed of,<\/p>\n<p>before the trial begins.<\/p>\n<p>(2) Where the prosecution proposes to dispose of property that is to be entered in evidence or return it to its owner before the scheduled date of the start of the trial, the prosecution shall serve a notice under this section (the \u201cprosecution notice\u201d) on the accused at any time that is at least 23 days prior to that date.<\/p>\n<p>(3) The prosecution notice shall contain a description of the property in sufficient detail to identify it and a statement as to the relevance of the property to the proceedings, together with\u2014<\/p>\n<p>(a) one or more photographs of the property, and<\/p>\n<p>(b) any report that the prosecution proposes to enter in evidence arising from the analysis of the property, including analysis of any materials found in or on the property (the \u201cprosecution report of evidence\u201d).<\/p>\n<p>(4) Not later than 7 days after service of the prosecution notice under subsection (2), the defence shall serve on the prosecution a notice in writing (the \u201cdefence notice\u201d) that indicates one of the following:<\/p>\n<p>(a) that the defence accepts the prosecution notice and agrees to the return or disposal of the property;<\/p>\n<p>(b) that the defence wishes to provide to the prosecution a report that conforms with subsection (3) (the \u201cdefence report of evidence\u201d);<\/p>\n<p>(c) that the defence requires the property to be available as an exhibit at the trial.<\/p>\n<p>(5) Where the defence notice served under subsection (4) is a notice mentioned in paragraph (b) of that subsection, then, notwithstanding section 34, the defence shall, not later than 7 days after service of that notice, serve the defence report of evidence on the prosecution.<\/p>\n<p>(6) Where a defence report of evidence is served on the prosecution under subsection (5), the prosecution shall, not later than 3 days prior to the scheduled date of the start of the trial, provide to the defence and the court a notice stating whether it accepts or rejects that notice (the \u201cprosecution notice of reply\u201d).<\/p>\n<p>(7) If the defence notice under subsection (4) is made under paragraph (a) of that subsection or is made under paragraph (b) of that subsection and a defence report of evidence is served under subsection (5) and accepted under subsection (6), then\u2014<\/p>\n<p>(a) a member of the Garda S\u00edoch\u00e1na not below the rank of inspector shall, on receipt by him or her of a copy of the notice referred to in subsection (4) or (6), cause the property to be returned or disposed of, as the case may be,<\/p>\n<p>(b) the member referred to in paragraph (a) shall keep a written record of the return or disposal of the property, and<\/p>\n<p>(c) where the property is returned to its owner, the owner shall acknowledge in writing the receipt of the property.<\/p>\n<p>(8) The following rules apply to admissibility of evidence:<\/p>\n<p>(a) where subsection (4)(a) applies, the prosecution report of evidence is proof of the facts stated therein, unless the contrary is shown;<\/p>\n<p>(b) where subsection (4)(b) applies and a defence report of evidence is served on the prosecution under subsection (5) and accepted under subsection (6), the defence report of evidence is proof of the facts stated therein, unless the contrary is shown;<\/p>\n<p>(c) where subsection (4)(c) applies, the property may be admitted as evidence in any trial in which the property is otherwise admissible;<\/p>\n<p>(d) in any other case, a report prepared under subsection (3) or (5) may be admitted as evidence in any trial in which the property is otherwise admissible.<\/p>\n<p>(9) Any person who prepares information contained in a report under subsection (3) or (5) may be called to give evidence in relation to all or any part of the report, and may be cross-examined on that evidence.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1631\" data-postid=\"1631\" class=\"themify_builder_content themify_builder_content-1631 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Experts The general principles of law applicable to expert evidence apply in criminal and civil matters.\u00a0 An expert who is shown to have expertise in a particular area may offer expert opinion on matters in issue.\u00a0 The underlying facts which are the basis of the opinion must be proved or must be explicitly stated to [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[69],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1631"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1631"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1631\/revisions"}],"predecessor-version":[{"id":33789,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1631\/revisions\/33789"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1631"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1631"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1631"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}