In recent times the use of expert evidence has hit the headlines when
scrutiny over the expert's qualifications and experience has undermined
the credibility of their evidence. This has rapidly become an area of
law that practitioners cannot afford to get wrong.
This book takes the practitioner through all stages of the process from
initial identification of the need for expert evidence, through to
maximising the benefit of this evidence at trial. It considers the
practical steps required for adducing expert evidence at trial (noting
the appropriate procedure rules and practice directions), and how this
can most appropriately be presented to the tribunal (including
references to key authorities as appropriate).
The second edition of this book provides an update in relation to
matters of admissibility and the use of expert evidence, but also
expands on the types of expert evidence that practitioners may come
across in their own work. It aims to provide the practitioner with a
level of understanding of these fields that can be used to build
confidence when tackling an expert report and challenging an expert in
court. With that in mind it is suitable for both junior practitioners
coming across these areas of expertise for the first time and seeking to
build their knowledge afresh, as well as the more seasoned practitioner
seeking to refresh their knowledge as well as understanding some of the
greater detail surrounding the various fields of expertise.
CONTENTS
Ch 1 - An Introduction to Expert Evidence - What is an expert report?
Who can be an expert? The independence of expert witnesses
Ch 2 - The use of Expert Evidence in Criminal Proceedings - covering
case management, unused material, the presentation of expert evidence in
court, directing the jury
Ch 3- An introduction to the use of psychiatric evidence in the criminal
justice system
Ch 4 - Fitness to Plead - An overview of the fitness to plead procedure,
including how it can be used in both the Magistrates' and Crown Court,
how it is established, and how an acts hearing is conducted
Ch 5 - Insanity - How to establish insanity and the consequences of the
return of the 'special verdict'
Ch 6 - The utility of psychiatric evidence in establishing self defence
Ch 7 - Disposal of cases involving elements of mental health treatment -
an overview of the options available to the court
Ch 8 - Digital Forensics - the principles for obtaining digital
evidence, powers to obtain digital material from within the UK and from
abroad, principles of examining devices for digital material, issues
arising from the disclosure of gitial material.
Ch 9 - Cell Site Evidence - What is it? How it can be used? What are its
limitations? How can it be challenged?
Ch 10 - Modern Slavery - How can an expert assist with matters of modern
slavery?
Ch 11 - Gangs, Lyrics and Association - When can the prosecution rely on
evidence of gang assocation and music lyrics?
Ch 12 - An introduction to Forensic Science - How does forensic science
fit within the criminal justice system?
Ch 13 - Fingerprint Analysis - Recovering and examining fingerprints;
cognitive bias in fingerprint examination.
Ch 14 - Firearms - analysis of firearms and ballistics; rifling and the
identification of firearms; firearm discharge residue.
Ch 15 - The use of DNA in Criminal Proceedings - an overview of the
science; sources of DNA; interpretation of DNA; establishing the
evidential significance of a match; the prosecutor's fallacy;
limitations of the science
Ch 16 - The use of statistics in forensic science - random match
probability; liklihood theory; bayesian theorum; statistical evidence in
court.
Ch 17 - General tips when using expert evidence
