This site provides an online forum which forms part of our current consultation process on the law of expert evidence in criminal trials.
The consultation process is running from 7 April until 7 July 2009.
Our consultation paper, The Admissibility of Expert Evidence in Criminal Proceedings in England and Wales (A New Approach to the Determination of Evidentiary Reliability) Law Com CP No 190 was published on 7 April 2009, and can be downloaded by clicking on the name.
In our consultation paper we have concluded that the law relating to the admissibility of expert evidence is in need of reform. We have made a number of proposals which we believe will go some way towards rectifying the problems identified in the consultation paper. We are now seeking feedback on these proposals with a view to recommending reforms in a final report to Parliament.
Contributing to this forum is one of the ways in which consultees can provide us with this feedback. Consultees can still respond to the consultation paper more formally in the usual way by making a written submission. Details on how to make a formal submission are outlined in the consultation paper, which we encourage all consultees to read regardless of their mode of participation.
- Introduction
- Outline Of The Proposals
- Proposal 1: Introduction
- Our Provisional Proposal 1
- Proposal 1: Stage (A) Principles, Methodology And Assumptions: Introduction
- Proposal 1: Stage (A): (i) Scientific Expert Evidence
- Proposal 1: Stage (A): (ii) Experience-Based Expert Evidence
- Proposal 1: Stage (B): Application To The Facts
- Proposal 1: Stage (C): The Expert’s Reasoning
- Reviewing The Ruling On Admissibility
- Proposal 1: Additional Safeguards
- Proposal 2: The Onus Of Persuasion
- Should There Be An Independent Assessor To Assist The Trial Judge?
- Education And Accreditation (1)
- Education And Accreditation (2)
- End Notes