header-logo header-logo

06 August 2009 / Finola Moss
Issue: 7381 / Categories: Features , Family
printer mail-detail

Dangerous consensus?

What happens when expert evidence is unreliable? Finola Moss reports

Such is the Law Commission’s concern about the reliability of expert evidence in criminal proceedings it has proposed that an expert’s trustworthiness be formally proved.

Professor Jeremy Hodder, leading the consultation, warns: “Expert evidence, particularly scientific evidence, can have a very persuasive effect on juries. It is vital that such evidence should only be used if it provides a sound basis for determining a defendant’s guilt or innocence.”

The effect of such evidence on courts deciding the welfare of children and their permanent removal from their families is not considered.
In 2004 Margaret Hodge, the then children’s minister, instructed councils to review all final care orders that depended “exclusively, or almost exclusively, on a serious disagreement between medical experts about the cause of harm”.

It is difficult to envisage how any expert evidence could satisfy this definition, within the quasi-inquisitorial regime of care proceedings, where consensus is coerced by the need for joint instruction and agreement of expert evidence.

The child’s guardian normally endorses the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll