South Australian Consolidated Acts South Australian Consolidated Acts (1) If a defendant is
to be tried or sentenced for an indictable offence, and expert evidence is to
be introduced for the defence, written notice of intention to introduce the
evidence must be given to the Director of Public Prosecutions—
(a) in
the case of trial, on or before the date of the first directions hearing, and,
in the case of sentence, at least 28 days before the date appointed for
submissions on sentence; or
(b) if
the evidence does not become available to the defence until later—as
soon as practicable after it becomes available to the defence.
(2) The notice—
(a) must
set out the name and qualifications of the expert; and
(b) must
describe the general nature of the evidence and what it tends to establish.
(3) The court may, on
application by a defendant, exempt the defendant from the obligation imposed
by this section.
(4) If the defence
proposes to introduce expert psychiatric evidence or other expert medical
evidence relevant to the defendant's mental state or medical condition at the
time of an alleged offence, the court may, on application by the prosecutor,
require the defendant to submit, at the prosecutor's expense, to an
examination by an independent expert approved by the court.
(5) If a defendant
fails to comply with a requirement of or under this section—
(a) the
evidence will not be admitted without the court's permission (but the court
cannot allow the admission of evidence if the defendant fails to submit to an
examination by an independent expert under subsection (4)); and
(b) in
the case of a trial by jury—the prosecutor or the judge (or both) may
comment on the defendant's non-compliance to the jury.
(6) If the Director of
Public Prosecutions receives notice under this section of an intention to
introduce expert evidence less than 28 days before the day appointed for the
commencement of the trial or submissions on sentence, the court may, on
application by the prosecutor, adjourn the case to allow the prosecution a
reasonable opportunity to obtain expert advice on the proposed evidence and,
if a jury has been empanelled and the adjournment would, in the court's
opinion, adversely affect the course of the trial, the court may discharge the
jury and order that the trial be re-commenced.
(7) The court should
grant an application for an adjournment under subsection (6) unless there
are good reasons to the contrary.
(8) If it appears to
the judge, from evidence or submissions before the court, that a legal
practitioner has advised the defendant not to comply, or has expressly agreed
to the defendant's non-compliance, with a requirement of this section, the
judge may report the matter to the appropriate professional disciplinary
authority.
(9) Before the judge
makes a report under subsection (8), the judge will invite the legal
practitioner to make submissions to the court showing why the matter should
not be reported.