Expert evidence in criminal proceedings
Produced in partnership with Thomas Evans of 3 Paper Buildings

The following Corporate Crime practice note produced in partnership with Thomas Evans of 3 Paper Buildings provides comprehensive and up to date legal information covering:

  • Expert evidence in criminal proceedings
  • Admissibility of expert evidence
  • Duty of the expert
  • Introducing expert evidence
  • Withholding information in expert reports on public interest grounds
  • Content of experts's reports
  • Statements of understanding and declarations of truth
  • Notifying the expert of service
  • More than one party introducing expert evidence
  • Single joint expert
  • More...

Expert evidence in criminal proceedings

Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other measures, makes temporary provision for the extended use of live links and audio links in criminal proceedings. See Practice Notes: Operation of the criminal courts during the coronavirus (COVID-19) pandemic and Criminal Procedure Rules (CrimPR)—update for Coronavirus (COVID-19) as well as Availability of live links in criminal proceedings during the Coronavirus (COVID-19) pandemic—checklist. See also Practice Note: Practical guide to remote hearings in the criminal courts during the coronavirus (COVID-19) pandemic and Practical tips for attending remote criminal hearings during the coronavirus (COVID-19) pandemic—checklist. For updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19) and the criminal justice system—overview and Practice Note: Coronavirus (COVID-19) toolkit.

A party may only rely on an expert to give evidence on an issue that is beyond the knowledge of the judge or jury. A person may only hold themselves out as an expert if they are suitably qualified—the determination of which is a matter for the judge, who will consider:

  1. whether the opinion is part of a body of knowledge and experience with sufficient organisation to be considered reliable, and

  2. whether the witness has acquired, by study or experience, sufficient knowledge of the subject such that his evidence would

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