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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
32:, 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.
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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
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times the driver might pass out and the prosecution not having prior knowledge of this were unable to rebut it. The driver was acquitted.
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24:- has not been adduced in advance to the prosecuting authorities, leading to their inability to rebut it. The term is used in
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at a 1994 Joint
Conference entitled "Beyond reasonable doubt" organised by the
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newsletter, Autumn/Winter 2004, from which the above excerpt is taken.
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An example of the ambush defence is found in a paper given by
47:. Discussing the trial of a train driver following the
20:is one in which defence evidence - notably from
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30:Police and Criminal Evidence Act 1984
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71:Court Management of Expert Witnesses
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41:Royal Society of Medicine
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37:Judge John Milford QC
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