An expert's duty to the court overrides any obligation to the party instructing him/her and s/he should maintain professional objectivity and impartiality at all times whilst complying with the rules of evidence. Although a defendant will be entitled to call their own expert evidence, it is the duty of an expert witness instructed by the prosecution (and indeed an expert witness called by any defendant) in a criminal case to act in the cause of justice. Usually, such facts are established by other witnesses but they may include facts observed by the expert him/herself.Īn expert's opinion must be objective and unbiased. The facts on which the expert's opinions are based must be either admitted or proved by admissible evidence. His/her role is to assist the court or jury on matters where their ordinary, everyday experience does not enable them to adequately consider the issues in the case. They may refer to the works of others within their field of expertise without infringing the rules against hearsay - see the Hearsay section.Īn expert witness may give opinions to assist in resolving issues concerning matters of knowledge which can only be acquired by special training or experience.They may express an opinion on matters within their field of expertise and.With the courts permission they may remain in court prior to giving evidence, subject to argument about disputed factual evidence they may give, in order to hear evidence of both fact and circumstance.If a specialist inspector (who is not to act as an expert) attends an interview under caution the fact of their specialist expertise should be disclosed.Įxpert witnesses enjoy three privileges over ordinary witnesses of fact: Whilst a specialist inspector may advise the investigator(s) on the gathering of evidence, such as questions to put to witnesses or to a suspect, if a specialist has been appointed (or is intending) to act as a potential expert, s/he should remain independent of the investigation and should be seen to do so: s/he should generally not take statements as part of the investigation or attend an interview of a suspect under caution - see Operational Procedures. The decision as to whether an 'independent expert' is required, and who it should be, rests with the procurator fiscal. However, the roles of investigator and expert witness may be mutually exclusive, and a specialist inspector may not be asked to act as expert if s/he is directly involved in the investigation. The same principle applies to inspectors acting as experts in HSE prosecutions. It has been held by the Court of Appeal in a civil case that the fact that an expert may be the employee of one of the parties to litigation would not debar him/her from giving expert evidence. The specialist knowledge of inspectors involved in an investigation may allow them to be treated as an expert witness in the event of a prosecution. Specialist inspectors might be involved in an investigation either as part of the investigation team (albeit with specialist knowledge) or as an independent expert witness. Food and Environment Protection Act 1985 (FEPA).Disclosure of documents and productions.Overview - Reporting to the Procurator Fiscal.Evidence which may assist your investigation.Collecting physical evidence - Introduction.
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