2

2009

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

CRIMINAL CODE amendment (EXPERT EVIDENCE) BILL 2009
SERIAL NO. 32

EXPLANATORY STATEMENT

GENERAL OUTLINE

The purpose of this Bill is to provide that, in criminal proceedings, the defence must give notice to the court and to the prosecution if it intends to call expert evidence.

NOTES ON CLAUSES

Clause 1.	Short Title.

This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Criminal Code Amendment (Expert Evidence) Act 2009.

Clause 2.	Act amended.

This clause provides that the Act amends the Criminal Code.

Clause 3.	Repeal and substitution of heading.

This clause provides that the heading of Part IX Division 4 is repealed and substituted with a new heading.

Clause 4.	Insert new section 331A

Proposed section 331A creates a procedural scheme to be applied when the accused in a criminal trial intends to adduce expert evidence.  The scheme applies only to trials in the Supreme Court.  It does not apply to summary hearings in the Court of Summary Jurisdiction or the Youth Justice Court.

An accused who intends to adduce expert evidence must provide written notice to the court and the Office of the Director of Public Prosecutions 14 days before the trial or such other time as allowed by the court.  The notice must contain certain information, namely the name, address and qualifications of the proposed expert and the substance of the proposed evidence.  If a report or statement containing the findings or opinion of the expert is in existence then this must be provided with the notice or, if not, then as soon thereafter as it comes into existence.

There are sanctions for failure to comply with the notice requirements, namely the trial can be adjourned; the jury can be discharged; the court or the prosecution can make comment to the jury about the contravention.

Clause 5.	Amendment of section 371
 
This clause amends section 371 by noting that, in addition to the circumstances in which a jury can be discharged under section 371, it can also be discharged pursuant to new section 331A.  

Clause 6	Insert new Part XII

This clause inserts a new Part to provide for transitional matters to make clear that the amendments apply only to a trial that starts at least 14 days after the commencement of the Act.