Expert evidence is used to provide information to the court, which is likely to be outside of the knowledge of the magistrates, judge or jury. Opinion evidence can be given if the expert is qualified to provide such an opinion.
Duty of an expert witness
An expert is under a duty to help the court by giving opinion which is objective and unbiased in relation to matters within their expertise. The duty is one which is owed to the court rather than the party who is providing the instructions.
The Criminal Procedure Rules require an expert to provide certain information such as any potential conflict, an appeal which has been allowed due to a deficiency in their evidence, convictions or adverse judicial comment.
Will an expert always be heard?
Applications can be made to exclude expert evidence if it is argued its prejudicial effect outweighs its probative value. The courts have also indicated a willingness to exclude expert evidence if it is insufficiently helpful to a jury in reaching its conclusions. The court can also reject evidence, for example, if it decides that an expert has not properly established his independence or has not complied with his duty to the court.
We will not hesitate to challenge experts called to give evidence by the prosecution if there is a prospect of exclusion.
What types of expert are used in criminal cases?
There is a wide range of relevant expertise in criminal law. This could include forensics such as DNA and fingerprints or footwear marks, facial recognition where identification from a still or CCTV is in issue, medical experts in respect of injuries, psychiatric or psychological reports, autopsies or gait analysis.
How do you find an expert?
We have a register of tried and tested experts in every discipline. An expert witness is not just an expert in their field, they have additional skills such as report writing and experience of giving evidence in court.
It is important, therefore, to get the right expert witness for your case and we can do this for you.