Skip to main content

Research Repository

Advanced Search

Expert evidence and the Law Commission : implementation without legislation?

Ward, Tony

Authors

Tony Ward



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 Mar 28, 2024
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 .

Files




You might also like



Downloadable Citations