(1) This section applies reports made under the Medical Evidence Act, the Firearms Act, and the Drugs (Prevention of Misuse) Act, and other expert reports.
(2) An expert report is admissible as evidence in criminal proceedings, whether or not the person making it attends to give oral evidence in those criminal proceedings.
(3) Where it is proposed that the person making an expert report shall not give oral evidence, the report may only be admitted in evidence with the leave of the court.
(4) For the purpose of determining whether to give leave for the admission in evidence of an expert report, the court shall have regard to—
(a) the contents of the report;
(b) the reasons why it is proposed that the person making the report shall not give oral evidence;
(c) any risk, in particular, the probability that statements in the report may be controverted if the person making the report does not attend to give oral evidence in the proceedings, that its admissions or exclusion would result in unfairness to the defendant or, if there is more than one defendant, to any of them; and
(d) to any other circumstances that appear to the court to be relevant.
(5) An expert report, when admitted, shall be evidence of any fact or opinion of which the person making the report could have given oral evidence.
(Amended by Act 16 of 2006)