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Criminal Law
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

The podcast gives an overview of the key issues that surround expert evidence in Criminal Proceedings. It will examine the main statutory provisions pertaining to expert evidence and how the courts have interpreted these provisions.

After completing the course you will:
  • Know what is meant by the term 'expert' in Criminal Proceedings;
  • Understand when it would be appropriate to use expert evidence;
  • Know the rules pertaining to the admissibility of expert evidence in Criminal Proceedings and where to find them;
  • Be aware of the numerous different types of expert evidence;
  • Know what information must be contained in an expert's report;
  • Understand the scope of an expert's report;
  • Be aware of how the courts have dealt with disputed expert evidence;
  • Know when expert evidence will be inadmissible;
  • Understand the procedure rules in relation to the service of expert evidence;
  • Be aware of the types of directions a Judge may be able to give in relation to expert evidence.
Intermediate Difficulty: 3 of 5
Legal Principles
Practical Guide
Sources and References:
  • R v Mackenney [1983] 76 Cr App R 271;
  • R v Puaca (Steven) [2006] Crim L R 341, CA;
  • R v Turner [1974] 60 Cr App R 80;
  • R v Loughran [1999] Crim L R 404, CA;
  • R v Clive Wood (2008) 2 Cr App R 34;
  • Toohey v Metropolitan Police Commissioner [1965] AC 595 R v S; R v W [2007] 2 All ER 974;
  • Sussex Peerage Claim (1844) 6 St.Tr.(n.s) 79 R v B [2006] 2 Cr App R 3;
  • R v Stockwell (97 Cr App R 260);
  • R v Global (Abas Kassimali) [1997] 2 Cr App R 266 R v JP [1999] Crim L R 401, CA;
  • R v Hipson [1969] Crim L R 85, CA;
  • R v Ward 96 Cr App R 1, CA;
  • Toth v Jarman [2006] 4 All ER 1276, CA (Civ. Div);
  • R v Cannings [2004] 2 Cr App R 7;
  • R v Kai-Whitewind (Chaha'oh Niyol) [2005] 2 Cr. App. R 31, CA;
  • R v Harris (Lorraine);R v Rock; R v Cherry; R v Faulder [2006] 1 Cr App R 5;
  • Fennell v Jerome Property Maintenance Ltd, The Times, November 26th, 1986, QBD;
  • R v Weightman [1991] 92 Cr App R 291;
  • R v Land (Michael) [1998] 1 Cr App R 301, CA;
  • R v John Arthur Doody [2008] EWCA Crim 2394.

In this CPDCast we interview Felicity Gerry, a barrister at 36 Bedford Row, on the issues relating to expert evidence in Criminal Proceedings. The podcast outlines the procedural rules pertaining to expert evidence in Criminal Proceedings, the numerous types of expert evidence available to the courts and also the scope of such expert opinion. It also discusses the possible problems that might arise from disputed expert evidence and when expert evidence will be inadmissible. Felicity will be speaking on the subject at the Forensic Science Society's Jubilee Conference in Lausanne in 2009.

Podcast Added: 09/12/2008

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