What is an Expert Witness?
For anyone who is browsing this site but is unfamiliar with the role
of an Expert Witness may I offer a few words of explanation.
In 2005 the Department for Constitutional Affairs (DCA) issued a set
of Criminal Procedure Rules (CrimPR) that set out how Criminal Trials
should be conducted. Part 33 of CrimPR sets out the role of Expert Witnesses.
In Part 33.1 it states that; A reference to an 'expert' in this Part
is a reference to a person who is required to give or prepare expert
evidence for the purpose of criminal proceedings, including evidence
required to determine fitness to plead or for the purpose of sentencing.
This evidence must be prepared and given in accordance with Part 33.2
which states an Expert's duty to the court as:
An expert must help the court to achieve the overriding
objective by giving objective, unbiased opinion on matters within his
expertise.
This duty overrides any obligation to the person from
whom he receives instructions or by whom he is paid.
This duty includes an obligation to inform all parties
and the court if the expert's opinion changes from that contained in
a report served as evidence or given in a statement under Part 24 or
Part 29.
I consider the reference to the "overriding objective" to be a vital
part of my approach to serving as an Expert Witness. Part 1.1 of CrimPR
defines the overriding objective in the following way:
(1) The overriding objective of this new code is that criminal cases
be dealt with justly.
(2) Dealing with a criminal case justly includes -
(a) acquitting the innocent and convicting the guilty;
(b) dealing with the prosecution and the defence fairly;
(c) recognising the rights of a defendant, particularly
those under Article 6 of the European Convention on Human Rights;
(d) respecting the interests of witnesses, victims and
jurors and keeping them informed of the progress of the case;
(e) dealing with the case efficiently and expeditiously;
(f) ensuring that appropriate information is available
to the court when bail and sentence are considered; and
(g) dealing with the case in ways that take into account-
(i) the gravity of the offence alleged,
(ii) the complexity of what is in issue,
(iii) the severity of the consequences for the defendant
and others affected, and
(iv) the needs of other cases.
When serving as an Expert Witness I am a "participant" and this means
that I am also bound by Part 1.2 which states that;
The duty of the participants in a criminal case.
(1) Each participant, in the conduct of each case, must-
(a) prepare and conduct the case in accordance with the
overriding objective;
(b) comply with these Rules, practice directions and
directions made by the court; and
(c) at once inform the court and all parties of any significant
failure (whether or not that participant is responsible for that failure)
to take any procedural step required by these Rules, any practice direction
or any direction of the court. A failure is significant if it might
hinder the court in furthering the overriding objective.
(2) Anyone involved in any way with a criminal case is a participant
in its conduct for the purposes of this rule.
