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Statements

Subject Item
dbr:Ambush_defence
rdfs:label
Ambush defence
rdfs:comment
An ambush defence is one in which defence evidence - notably from expert witnesses - has not been adduced in advance to the prosecuting authorities, leading to their inability to rebut it. The term is used in United Kingdom jurisprudence. Since 1987, the possibility of the ambush defence has been much reduced by The Crown Court (Advance Notice of Expert Evidence) Rules 1987, made under section 81 of the Police and Criminal Evidence Act 1984, which in essence require the defence to provide the prosecution with copies of expert witness reports in sufficient time for the prosecution to consider the nature of and if necessary prepare rebuttal evidence opposing the report.
dcterms:subject
dbc:Criminal_defenses dbc:Evidence_law
dbo:wikiPageID
1561864
dbo:wikiPageRevisionID
864094711
dbo:wikiPageWikiLink
dbr:United_Kingdom dbr:Rail_accidents_at_Morpeth dbr:Police_and_Criminal_Evidence_Act_1984 dbr:Expert_Witness_Institute dbr:Expert_witness dbc:Criminal_defenses dbc:Evidence_law dbr:Morpeth,_Northumberland dbr:John_Milford_QC dbr:Royal_Society_of_Medicine
dbo:wikiPageExternalLink
n13:NewsletterAutumn2004.pdf
owl:sameAs
wikidata:Q4742011 freebase:m.05bklw n12:4PeMA
dbo:abstract
An ambush defence is one in which defence evidence - notably from expert witnesses - has not been adduced in advance to the prosecuting authorities, leading to their inability to rebut it. The term is used in United Kingdom jurisprudence. Since 1987, the possibility of the ambush defence has been much reduced by The Crown Court (Advance Notice of Expert Evidence) Rules 1987, made under section 81 of the Police and Criminal Evidence Act 1984, which in essence require the defence to provide the prosecution with copies of expert witness reports in sufficient time for the prosecution to consider the nature of and if necessary prepare rebuttal evidence opposing the report. An example of the ambush defence is found in a paper given by at a 1994 Joint Conference entitled "Beyond reasonable doubt" organised by the Royal Society of Medicine and the Expert Witness Institute. Discussing the trial of a train driver following the 1984 derailment of a train near Morpeth he wrote: The case of R v Allen 1985 illustrates the position which applied hitherto. The driver of a train which came off the rails at the Morpeth curve was prosecuted for driving under the influence of alcohol. However, the defence at the last minute provided medical evidence which suggested that at certain times the driver might pass out and the prosecution not having prior knowledge of this were unable to rebut it. The driver was acquitted.
prov:wasDerivedFrom
wikipedia-en:Ambush_defence?oldid=864094711&ns=0
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1890
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wikipedia-en:Ambush_defence