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Judges to test expert witnesses?

The Law Commission wants tighter checks on expert views in court.

They are asking that medical and other expert evidence be subject to a statutory test of its trustworthiness before a jury hears it. Judges in England and Wales would then assess whether scientific and experience-based evidence is based on sound principles.

The proposed test would put experts on notice that they will be expected to provide the judge with evidence about the basis of their expert opinion. Problems may occur where the area of expertise is extremely specific and a judges knowledge is limited. In such instances an independent assessors could advise the judge.

Judges would also have to be trained to assess the reliability of evidence. The Law Commission says that expert evidence is still too readily admitted and a pressing danger exists of both wrongful convictions and acquittals.

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