The duty of an expert witness is to help the court to achieve the overriding objective by giving opinion which is objective and unbiased, in relation to matters within their expertise. Definition of Expert WitnessĮxpert evidence is admissible to furnish the court with information which is likely to be outside the experience and the knowledge of a judge or jury ( Criminal Practice Direction V Evidence 19A Expert Evidence).Īn expert witness can provide the court with a statement of opinion on any admissible matter calling for expertise by the witness if they are qualified to give such an opinion. The dangers of an over-reliance on expert evidence without considering the significance of the other evidence in the case is a factor that prosecutors need to consider in reviewing any file presented by the police for advice and review. In these cases, the absence of any other evidence, however limited, should have been fatal to the case being charged - see R v Doheny & Adams (1997) 1 Cr. The Court of Appeal has emphasised that expert evidence can only be judged in the light of the other evidence in the case. The danger in placing too much reliance on the findings of experts is demonstrated in a series of cases in relation to DNA analysis, where there was no other evidence against the accused save the presence of his DNA found at the scene of a crime. It should always be kept in mind that expert evidence is merely one tool to be used in proving a case. The purpose of this Guidance is to assist prosecutors in identifying, understanding and challenging, where appropriate, this type of evidence. Prosecutors will require the appropriate knowledge and understanding of the evidence in question to present and challenge expert evidence. All of the sections need to be read in conjunction with the general principles relating to experts as set out in the guidance.)Įxperts can be of great assistance to Magistrates and juries in aiding them to determine the issues in a case, including the guilt or innocence of an accused. It does not purport to provide an exhaustive list of all the different types of expert evidence. (Note: Part 2 relates to particular areas of expertise. Annex A - Letter of Instruction Template.
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