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rt and each other party and to furnish the other parties with the opportunity to inspect any records and equipment used. The court may refuse to admit expert evidence if a party has not complied with this rule.

Whilst the new rule has been introduced only two days prior to this assignment being written, the case of Writtle v. DPP [15] 16, is an example of a decision to refuse leave to the defence to adduce expert evidence on account of a failure to comply with the provisions of what is now rule 33.4(1)(a) and (b). The defence served expert evidence after conclusion of prosecution case and sought to raise an entirely new issue. The Divisional Court decided that magistrates’ court had been entitled to rule as inadmissible expert evidence that the defence had sought to admit after the close of the prosecution's case.

Criminal Appeal Act 1968 c. 19 section 23(2) authorises the judge to rule additional evidence inadmissible for a variety of reasons.

In R v Jason Lee Revill [17] & others, counsel for Revill argued (unsuccessfully) that use of a voice recording, from an interview without consent, for voice analysis, offends against Article 6, of the Human Rights Act [18] .

What might “prejudice a fair trial”?

Expert evidence which might prejudice a fair trial, may be considered under three headings [19] 20: unreliable evidence, unreliable expert and unnecessary expert.

(i)Unreliable evidence

English Law requires expert opinion to be drawn from an “established body of evidence” [21] 22: Cross & Tapper on Evidence: “so long as the field is sufficiently well established to pass the ordinary tests of relevance and reliability, then no advanced test of admissibility should be applied [23] ”

(ii) Unqualified expert

The individual proffering the opinion must have the necessary expertise: A witness may qualify as an expert through academic study, vocational experience [24] , and, rarely, extensive “private” study [25] .

If the qualifications of a witness are in question, evidence may be heard on the voir dire [26] , however, most lawyers and judges lack the adequate scientific background to argue or decide the admissibility of expert testimony [27] and directions for a voir dire should be exercised sparingly [28] . A judge can, during a trial, remove a witness's 'expert' status and limit his evidence to factual matters [29] . The evidence of a discredited expert, is still admissible, but goes to weight of evidence [30] .

In R. v. Robb [31] , Bingham L.J. stated “A defendant cannot fairly be asked to meet evidence of opinion given by a quack, a charlatan or an enthusiastic amateur.”

Expert evidence was excluded in the case of R. v Edwards [32] where it was found that a drug advisor’s evidence which amounted to opinion evidence founded on hearsay, with no statistical or forensic basis, was inadmissible.

(iii) Unnecessary expert

The third category is whether the subject matter is something on which the jury needs advice [33] .

R. v. Turner [34] provides: “An expert’s opinion is admissible to furnish the court with scientific information which is likely to be outside the experience or knowledge of a judge or jury.” This leaves the Judge with much “discretion” (see reference to R v. Land [35] and R. v. Cuddeford [36] in “Conclusion