A minor amendment has been made to Ch.7.3 of the Criminal Practice Direction. It came into force on 22 July 2024, and relates to the joint statement produced following the discussion between experts.
The amended version can be accessed here.
In Ch.7.3.2(b), the words “and short reasons for” disagreement are removed.
In Ch.7.3.5, the first sentence now reads:
“A statement must be prepared by the experts dealing with paragraphs 7.3.2(a) – (d) above and giving reasons for the agreement or disagreement. Reasons should be succinct, especially on points about which experts agree.”
The changes were made by the Lady Chief Justice in order to remove any inconsistency with CrPR 19.6(2)(b), which made no mention of the reasons needing to be short.
The Practice Direction provides guidance on the approach to adopt, which is to be succinct. That need for succinctness plainly applies to all points in the joint statement, whether agreed or disagreed; there is a reminder that, where matters are agreed, that should be communicated economically.
No change needs to be made to the experts’ declaration as a result of this amendment.