Disclosure Manual: Chapter 36 - Expert Witnesses - Prosecution Disclosure Obligations
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance outlines the prosecution's obligations regarding the disclosure of unused material generated by expert witnesses. It defines an expert witness and details their duties regarding record-keeping, retention, and disclosure. Key points include the need for competent and credible experts, the process for self-certification of experts, and the importance of documenting decisions related to disclosure.
Key points
- Unused material from expert witnesses must be disclosed if relevant.
- The expert's credibility and competence should be confirmed by the prosecution team.
- Experts must submit a self-certificate regarding their qualifications and any issues affecting credibility.
- Unresolved complaints against experts must be disclosed to the prosecutor.
- Previous judicial findings regarding an expert must be noted and considered in disclosure decisions.
- Prosecutors must ensure they are fully informed before deciding on disclosure to the defence.
Public-interest factors
- Ensuring fair trial rights for defendants
- Upholding the integrity of expert testimony
- Maintaining public confidence in the legal system
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.