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06 August 2009 / Finola Moss
Issue: 7381 / Categories: Features , Family
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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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