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Books > Law > Laws of other jurisdictions & general law > Criminal law
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The Admissibility of Expert Evidence in Criminal Proceedings in England and Wales - A New Approach to the Determination of Evidentiary Reliability (Paperback)
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The Admissibility of Expert Evidence in Criminal Proceedings in England and Wales - A New Approach to the Determination of Evidentiary Reliability (Paperback)
Series: Consultation Paper, No. 190
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The current law governing the admissibility of expert evidence in
criminal trials is unsatisfactory. If the reliability of expert
evidence is in question, there are no clear guide lines for
determining whether or not it is sufficiently trustworthy to be
considered by the jury. In this consultation paper, the Law
Commission makes provisional proposals for reform and poses some
questions for consultees. Expert evidence, particularly scientific
evidence, can have a very persuasive effect on juries. It is vital
that such evidence should be used only if it provides a sound basis
for determining a defendant's guilt or innocence. There have been
miscarriages of justice in recent years where prosecution expert
evidence of doubtful reliability has been placed before Crown Court
juries. There may also have been unwarranted acquittals
attributable to such evidence. The Commission wants to ensure that
the criminal courts have the means to authenticate expert evidence
and be satisfied that the information before them is sound. It
therefore proposes a new test for determining whether expert
evidence should be admitted in a criminal trial. It also recommends
new guidelines for Crown Court judges and magistrates' courts to
help them determine whether expert evidence is sufficiently
reliable to be admitted.
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