The Admissibility of Expert Evidence in Criminal Proceedings in England and Wales (2): Recapitulation and Review

2017 ◽  
Author(s):  
Cedric Charles Gilson
Keyword(s):  
Expert Evidence ◽  
Criminal Proceedings ◽  
England And Wales

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.

Negotiating without the victim state: the exclusiveness of anticorruption settlements

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nadja Capus ◽  
Kei Hannah Brodersen
Keyword(s):  
Case Studies ◽  
Design Methodology ◽  
Criminal Proceedings ◽  
International Guidelines ◽  
England And Wales ◽  
Content Type ◽  
The Past ◽  
Settlement Agreements ◽  
To Receive ◽  
Obligation To Inform

Purpose Corporate foreign bribery can have devastating consequences on communities and states. Over the past decade, there have been several promising developments, both national and international, that might increase the chances of victim states to receive remediation for the harm they suffered from foreign bribery. In particular, awareness has risen that victim states must be considered and new innovative items have been added to the toolbox of prosecutors in the fight against corruption that is assumed to also improve victim states’ standing in these procedures. This study aims to assess whether indeed victim states receive compensation through these novel procedures. Design/methodology/approach This study uses the three case studies of Switzerland, France and England and Wales for a comprehensive empirical and normative analysis of settlement agreements between defendants and prosecution authorities and of court jurisprudence. Findings This study shows that although de jure, it seems warranted to order the payment of remedies to victim states within domestic criminal proceedings, in practice, this rarely happens. A number of legal and practical obstacles account for this situation. This study, therefore, calls for the formulation of international guidelines containing the obligation to inform victim states of ongoing criminal proceedings on corporate foreign bribery, and guidance on how to identify the victim of this crime, as well as the damage caused. Originality/value This is the first contribution to verify whether claims that settlement agreements, recently introduced in England and Wales and France (and similar procedures are available in Switzerland), are beneficial for victim states in their quest to receive compensation. As this study shows that this is – not yet – the case in practice, this study proposes solutions that could lead the way for remediation of the harm caused by corporate corruption – and thereby, ultimately, to a more just outcome.

Witness preparation and the prosecution of rape

Legal Studies ◽  
2007 ◽  
Vol 27 (2) ◽  
pp. 171-187 ◽  
Author(s):  
Louise Ellison
Keyword(s):  
Criminal Trial ◽  
Sharp Contrast ◽  
Criminal Proceedings ◽  
England And Wales ◽  
Trial Process ◽  
Secondary Victimisation ◽  
Witness Preparation ◽  
The Usa

In England and Wales, rape complainants currently receive little by way of pre-trial support and preparation. This stands in sharp contrast to prosecutorial practice in the USA where prosecutors meet with complainants prior to trial with the specific aim of preparing them for the unfamiliar process of testifying in criminal proceedings. This paper considers the case for adopting similar arrangements in rape cases in England and Wales. This is assessed primarily from an evidentiary perspective although due consideration is also given to the need to protect vulnerable complainants from the risk of secondary victimisation within the criminal trial process.

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.

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