2-345 Expert reports An expert report is admissible as evidence in criminal proceedings, whether or not the person making it attends to give oral evidence in those proceedings. If the person making the report does not give oral evidence, the report shall only be admissible with leave of the court. An expert report, when admitted, shall be evidence of any fact or opinion of which the person making it could have given oral evidence (a).

For the purpose of determining whether to give leave the court shall have regard -

(a) to the contents of the report:

(b) to the reasons why it is proposed that the person making the report shall not give oral evidence;

(c) to any risk that its admission or exclusion will result in unfairness to the accused; and

(d) to any other circumstances that appear to the court to be relevant (b).