Expert evidence and the Law Commission : implementation without legislation?

Ward, Tony

Abstract

Argues that, despite a failure to implement the recommendations in the Law Commission's 2011 report entitled "Expert Evidence in Criminal Proceedings", many of its proposals on the exclusion of such evidence might be introduced by the judiciary's appropriate exercise of common law powers. Reviews the Commission's proposals, the common law principles determining when expert evidence is not admitted, and how such discretion could be used to exclude evidence failing the Commission's core test. Discusses the drawbacks of such an approach and whether the Commission proposals were too timid.

Citation

Ward, T. (2013). Expert evidence and the Law Commission : implementation without legislation?. Criminal Law Review -London-, 561-576

• Journal Article Type: Article
• Publication Date: 2013
• Deposit Date: Nov 13, 2014
• Publicly Available Date: Nov 13, 2014
• Journal: Criminal law review
• Print ISSN: 0011-135X
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Issue: 7
• Pages: 561-576
• Keywords: Criminal evidence, Administration of justice
• Public URL: https://hull-repository.worktribe.com/output/469875
• Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in criminal law review following peer review. The definitive published version Crim. L.R. 2013, 7, 561-576 is available online on Westlaw UK or from Thomson Reuters DocDel service .
• Contract Date: Nov 13, 2014