Part 2, Chapter 1 of the Serious Organised Crime and Police Act 2005 ("the Act") confers on the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions and the Lord Advocate [Note: These offices are collectively termed "investigating authority" in the Act and are defined at s.60(5)] similar powers currently conferred on the Director of the Serious Fraud Office (SFO) by section 2 of the Criminal Justice Act 1987 to compel individuals to co-operate with investigations by producing documents and answering questions.

Last updated 9 April 2018

updated 04/10/2019

CPS HQ and Areas receive frequent requests to recommend an expert witness for the purpose of providing expert reports and opinion evidence in a specialised field. Frequent requests are also received for access to or the existence of a CPS Register of Experts.

Updated: 10 September 2021

The admissibility of hearsay evidence in criminal proceedings is set out in sections 114 - 136 of Part II Criminal Justice Act 2003 and applies to all criminal proceedings begun on or after 4th April 2005 (section 141 Criminal Justice Act 2003).

Updated: July 2018

Contents:

Updated: 20 Nov 2023, 1 Nov 2024; 10 Nov 2025

Updated: 17 August 2023; 27 November 2023; minor revision 19 January 2024, 7 February 2025

updated 20 November 2023

The instructions contained in this guidance are designed to provide a practical guide to preparing expert evidence and to provide guidance on the disclosure obligations of expert witnesses instructed by the investigator and/or the Crown Prosecution Service (the Prosecution Team). These instructions will assist expert witnesses, investigators and prosecutors to perform their duties effectively fairly and justly, which is vitally important to the integrity of the criminal justice system.