Law Commission - Reforming the Law on the Admissibility of Expert Evidence - Part Two
- Podcast Location:
- Download it here [file size: 20.8 MB]
- Part of:
- Law Reform Bundle CPD Training Bundle
- Categories:
-
Criminal Law
- CPD Points:
- Up to 1 point. details »
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This two-part mini-series on criminal law reform examines the law governing the admissibility of expert evidence in criminal proceedings. Building on the matters discussed in Part 1, this podcast goes on to look at the scope of the proposed test on reliability and to what extent new or novel points of evidence might be put before the jury. The podcast then goes on to explore the new statutory test for impartiality, which party bears the burden of establishing reliability in proceedings and explores what impact the reforms may have on the wider expert community.
- Outcomes:
- After completing the course you will:
- Understand the circumstances in which the new statutory test might be disapplied in particular cases;
- Understand whether competing expert hypotheses can both be admitted before the jury under the proposed reforms;
- Understand the respective role of judge and jury under the proposed reforms;
- Know how flexible the new regime may be as to admit a minority expert opinion and the extent to which categories of evidence are likely to become closed;
- Understand the new emphasis placed on the impartiality of expert evidence and when and how this might be impugned;
- Understand the burden that will fall on the defence and prosecution under the proposed test and the significance of this;
- Understand the likely impact of the reforms on experts going forward.
- Level:
- General Interest
- Classification:
-
Legislative Updates
- Sources and References:
-
- Dallagher [2002] EWCA Crim 1903;
- Cannings [2004] EWCA Crim 1;
- Clark [2003] EWCA Crim 1020;
- Jones v Kaney [2011] UKSC 13;
- Law Commission materials on this topic .
In this two-part CPDcast mini-series on criminal law reform, produced in conjunction with the Law Commission, focuses on the law surrounding the admissibility of expert evidence in criminal trials. It addresses where the Commission perceives the current law is deficient and how it might be codified to improve the reliability of expert evidence put before juries.
Podcast added: 10/10/11
