Expert evidence Flashcards
What is expert evidence?
Where experts in a field are permitted, within certain strictly defined legal boundaries, and on the basis that they can establish their expertise, to give evidence about their opinion to assist the trier of fact to reach an informed conclusion on the facts as a whole.
What kind of topic may expert evidence be admissible for?
Only for topics upon which the trier of fact requires specialist assistance.
- Controversial in cases involving questions of human nature and behaviour (HMA v Grimmond 2002 SLT 508).
- Specific provisions have been enacted which allow expert testimony re human nature and behaviour in sexual offences cases (s275C of the ‘95 Act).
What are the criteria for establishing the relevancy and reliability of expert evidence?
(Young v HMA [2013] HCJAC 145).
- Evidence must be relevant to that issue.
- Must be based on a recognised and developed academic discipline.
- Must proceed on theories which have been tested, found to have a practical and measurable consequence irl.
- Must follow a developed methodology which is explicable and open to possible challenge.
- Must produce a result which is capable of being assessed.
