scholarly journals Experts and pretenders: Examining possible responses to misconduct by experts in criminal trials in England and Wales

2020 ◽  
Vol 24 (2) ◽  
pp. 180-207 ◽  
Author(s):  
Elaine Freer
Keyword(s):  
Expert Witness ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Trials ◽  
England And Wales ◽  
Academic Literature ◽  
Criminal Sanctions ◽  
Administration Of Justice ◽  
Disciplinary Procedures

Much academic literature explores the reliability of expert evidence in criminal proceedings in England and Wales. However, almost no attention has been paid to misconduct by experts giving evidence in criminal cases. Whilst rare, its serious impact on the administration of justice and public trust in it means that this area requires analysis. This article explores possible responses to expert witness misconduct occurring in the context of criminal proceedings in England and Wales, noting particularly the differences in responses available, depending firstly upon whether the expert is a registered professional, and secondly whether the expert has stepped outside of their expertise; did not have relevant expertise at all, or was dishonest. Professional disciplinary procedures focus on ‘fitness to practise’, and it is argued that this is sufficient where a registered professional has overstepped their expertise, but has not displayed mala fides. On the contrary, where someone gives evidence purporting to have expertise that they do not, or lies about their conduct as an expert in the case, criminal sanctions are available, appropriate, and should be used. These include contempt of court; perverting the course of justice; fraud by false representation, and perjury.

scholarly journals The psychiatrist as expert witness. Part 2: criminal cases and the Royal College of Psychiatrists' guidance

2008 ◽  
Vol 14 (2) ◽  
pp. 109-114 ◽  
Author(s):  
Keith J. B. Rix
Keyword(s):  
Royal College ◽  
Expert Witness ◽  
Criminal Procedure ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
England And Wales ◽  
Court Of Appeal

Psychiatrists reporting in criminal cases in England and Wales are now governed by the Criminal Procedure Rules on expert evidence and these will require changes to the format and content of psychiatrists' reports in criminal proceedings. This article sets out the new rules and also draws attention to additional requirements made by the Court of Appeal and, when instructed by the police or the Crown Prosecution Service, by the Crown Prosecution Service. It also draws attention to the report of the Scoping Group on Court Work of the Royal College of Psychiatrists.

8. Opinion evidence

2018 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Expert Opinion ◽  
Expert Witness ◽  
Common Law ◽  
Expert Evidence ◽  
High Quality ◽  
Criminal Trials ◽  
Questions And Answers ◽  
Flow Charts ◽  
Scientific Expertise ◽  
Civil Trials

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter explores an area of evidence law dominated by expert witness evidence and the extent to which flawed testimony leads to miscarriages of justice. Expert evidence is now commonplace in criminal and civil trials, and the courts and Parliament have developed procedures to ensure that it is of high quality. These are an eclectic mix of common law and statute and their development reflects the importance of scientific expertise. It is necessary to be familiar with the differences between expert and non-expert opinion evidence and on when and in what circumstances both types are admissible and questions that can be asked of the expert whilst giving evidence. The approach depends on whether the question relates to civil or criminal trials

scholarly journals Understanding the barriers to defendant participation in criminal proceedings in England and Wales

Legal Studies ◽  
2020 ◽  
Vol 40 (4) ◽  
pp. 609-629
Author(s):  
Abenaa Owusu-Bempah
Keyword(s):  
Great Difficulty ◽  
Not Given ◽  
Criminal Proceedings ◽  
Criminal Trials ◽  
England And Wales ◽  
The Past ◽  
Meaningful Participation ◽  
Meaningful Sense ◽  
Meaningful Communication

AbstractOver the past two decades, there have been significant legal developments aimed at securing and enhancing the participation of vulnerable witnesses in criminal trials. Yet, there remains relatively little regard for the fact that many defendants, including those who are not deemed to be vulnerable, are unable to participate in criminal proceedings in a meaningful sense. This paper aims to address two questions. First, why should defendants have participatory rights and be capable of meaningful participation in criminal proceedings? Second, why has it proven so difficult to attain meaningful participation of defendants? It is contended that barriers to meaningful communication between the defendant and the court could be dismantled without great difficulty, but continue to exist because due regard is not given to the normative rationales for participatory rights and defendant participation.

scholarly journals Przedstawiciel społeczny w transparentnym procesie karnym

2017 ◽  
Vol 69 (0) ◽  
pp. 21-37
Author(s):  
Paweł Czarnecki
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Community Organisation ◽  
Administration Of Justice ◽  
Protection Of Human Rights ◽  
Court Proceedings ◽  
The Right ◽  
Procedural Rights

The article analyses the rights and duties of a social representative in criminal proceedings (article 90 Code of Criminal Procedure). Participation in court proceedings may be declared, before the commencement of judicial examination, by a representative of a community organisation, if there is a need to defend a social interest or an important individual interest within the statutory purposes of such an organisation, especially in matters pertaining to the protection of human rights and freedoms. The representative of a community organisation who has been admitted to participate in court proceedings may participate in the trial, express their points of view and make statements in writing. The court shall admit a representative of a community organisation if it finds this to be in the interests of justice. This person shall not be allowed to ask questions to person questioned by the court, he has no right to make a complaint with the court, can`t submit motions for evidence and are not entitled to participate in a session or in an investigation. The author emphasizes the importance of participation by the citizenry in the administration of justice principle and the right to a fair and public hearing of his case. In article they were also discussed old draft bills in the position of social representative in criminal cases, and in particular the advantages and disadvantages of amending article 90 c.c.p. Amendment of 10 June 2016. The author argues that the changing of position will not increase the participation of the public in the proceedings, because the legislature did not admit procedural rights.

scholarly journals Miscarriages of justice and expert psychiatric evidence: lessons from criminal appeals in England and Wales

2019 ◽  
Vol 25 (4) ◽  
pp. 251-264 ◽  
Author(s):  
Nicholas Hallett ◽  
Nadine Smit ◽  
Keith Rix
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Learning Objectives ◽  
List Type ◽  
Criminal Cases ◽  
England And Wales ◽  
Direct Bearing ◽  
Administration Of Justice ◽  
Court Of Appeal

SUMMARYMiscarriages of justice occur as a result of unsafe convictions and findings and inappropriate sentences. In cases involving expert psychiatric evidence it is possible that the way evidence is presented by experts or interpreted by the courts has a direct bearing on the case. Using illustrative cases from the Criminal Division of the Court of Appeal, advice is offered to expert psychiatric witnesses on ways to reduce the likelihood of contributing to such miscarriages of justice and on how they may assist in rectifying such miscarriages, should they occur.LEARNING OBJECTIVESAfter reading this article you will be able to: •understand the place of criminal appeals in the criminal justice system in England and Wales•understand what may go wrong in the provision of psychiatric evidence and how expert psychiatric evidence can assist in the administration of justice•be able to reduce the risk of unsafe convictions and inappropriate sentences when providing expert psychiatric evidence, including for cases referred to the Court of Appeal and the Criminal Cases Review Commission.DECLARATION OF INTERESTNone.

scholarly journals Improving Prosecutions of Human Trafficking for Labour Exploitation: Lessons Learned from Two European Jurisdictions (England and Wales and Belgium)

2020 ◽  
Vol 1 (1) ◽  
pp. 49-64
Author(s):  
Amy Weatherburn
Keyword(s):  
Human Trafficking ◽  
Relevant Literature ◽  
Lessons Learned ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Process ◽  
England And Wales ◽  
Effective Implementation ◽  
Labour Exploitation

The increasing number of identified victims of human trafficking for labour exploitation and the low number of associated prosecutions calls into question the effective implementation of anti-trafficking measures in European countries.<br/> This paper will focus on two European jurisdictions (England and Wales and Belgium) and consider the low prosecution rates for human trafficking for labour exploitation. In brief, the number of referrals of potential victims of human trafficking for labour exploitation to the National Referral Mechanism has, in England and Wales, increased exponentially from 393 to 2,840 between 2012 and 2017, whereas in Belgium it has remained stable. Overall, prosecutions remain low, as the complexity of the human trafficking phenomenon creates challenges for the investigatory and judicial process, namely, the operationalisation of the principle of irrelevance of consent, where the victim demonstrates apparent consent to exploitative working conditions, the participation of victims in criminal proceedings, and the complexity of the factual circumstances.<br/> In addition to relevant literature, this paper will draw on the findings of a comparative analysis of criminal cases from 2010 to 2017 in the two domestic jurisdictions. This paper will identify the main obstacles for the identification, investigation and prosecution of these cases, and provide some insight into what is needed to secure more effective access to justice for victims of human trafficking.

scholarly journals Ethic principles of using genetic information during criminal jurisdictional activity

2021 ◽  
Vol 136 (3) ◽  
pp. 86-97
Author(s):  
O.I. Andreeva ◽  
◽  
O.A. Zaitsev ◽  
Keyword(s):  
Genetic Information ◽  
Legal Regulation ◽  
Private Life ◽  
Criminal Case ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Data Bases ◽  
The Individual ◽  
Genome Information

The article considers how the principles of respect for the honor and dignity of the individual and privacy are implemented in the use of genetic information in criminal proceedings. The authors analyzed existed tendencies, directed to increase the extent of federal basis of genetic information due to extension of the list of subjects, liable to compulsory genetic registration, legal regulation of mechanism of using genetic information during criminal trial. The authors concluded that indiscriminate extension of subjects, liable to compulsory genome records, covered by accused (suspected) persons in a committing of a crime, or deposing genome information of acquitted persons in data bases, or deposing genome information of persons, whose criminal cases were closed due to rehabilitative circumstances, do not meet requirements of the protection of their rights and legal interests. It is proven that the production of genetic expert evidence should be proceeded based on court judgment, secured with additional guarantees that this genetic information won’t be revealed out of the investigation of a concrete criminal case. The method of obtaining biometrical materials should include following actions: informing a person about the purpose and means of its obtaining, his/her rights, his/her duties, his/her responsibilities, access conditions to obtained materials, reindefication and restrictions of anonymity or privacy. The storage procedure of genetic information should guarantee the protection of the private life of a person; provide controlled access to it and to biometrical materials by authorities.

scholarly journals Expert evidence and the courts: 1. The history of expert evidence

1999 ◽  
Vol 5 (1) ◽  
pp. 71-77 ◽  
Author(s):  
Keith J. B. Rix
Keyword(s):  
Justice System ◽  
Expert Witness ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Civil Justice ◽  
England And Wales ◽  
History Of ◽  
Civil Justice System

Recommendations by Lord Woolf for the reform of the civil justice system in England and Wales include proposals which are already beginning to influence the provision of expert evidence to the courts. Lord Woolf has himself been instrumental in the establishment of an Expert Witness Institute which has caused some controversy in medical circles. It is no coincidence that all of this is happening at a time when the courts are delivering judgments which are particularly critical of some expert witnesses.

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