Sentencing Act 2017

If a defendant is to be sentenced for an indictable offence and expert evidence is to be presented to the court by the defendant or the defendant's counsel, written notice of intention to introduce the evidence must be given to the DPP—

at least 28 days before the date appointed for submissions on sentence; or

if the evidence does not become available to the defence until later—as soon as practicable after it becomes available to the defence.

The notice must—

set out the name and qualifications of the expert;

describe the general nature of the evidence and what it tends to establish.

The court may, on application by a defendant, exempt the defendant from the obligation imposed by this section.

If the defence proposes to introduce expert psychiatric evidence or other expert medical evidence relevant to the defendant's mental state or medical condition at the time of an alleged offence, the court may, on application by the prosecutor, require the defendant to submit, at the prosecutor's expense, to an examination by an independent expert approved by the court.

If a defendant fails to comply with a requirement of or under this section, the evidence will not be admitted without the court's permission (but the court cannot allow the admission of evidence if the defendant fails to submit to an examination by an independent expert under subsection (4)).

If the DPP receives notice under this section of an intention to introduce expert evidence less than 28 days before the day appointed for submissions on sentence, the court may, on application by the prosecutor, adjourn the sentencing to allow the prosecution a reasonable opportunity to obtain expert advice on the proposed evidence.

The court should grant an application for an adjournment under subsection (6) unless there are good reasons to the contrary.

The court may, on application by the prosecution, require the defendant to provide to the prosecution a copy of any report obtained by the defendant from a person proposed to be called to give expert evidence at the sentencing.