Forensics-implementation-plan-April - UK
Lots to take in here including…..
From April 2019 the Criminal Procedure Rules will change so that commissioning parties have a duty (if serving an expert’s report) to disclose anything which might reasonably undermine the reliability of an expert’s opinion or detract from their impartiality. The defence do not have to disclose a report if they do not want to use it. The Criminal Procedure Rules provide that experts must give details of their qualifications, relevant experience and accreditation and the associated Criminal Practice Direction requires that experts confirm they have acted in in accordance with the code of practice or conduct for experts of their discipline, and that they identify the code in question. For forensic scientists that will be the Regulator’s Code of Conduct. Where laboratories are not accredited the Forensic Science Regulator’s guidance recommends that any evidential submission should include such information as the court may need to decide whether the expert’s opinion is sufficiently reliable to be admissible as evidence. From 1 April 2019, experts will also have to make a declaration to those commissioning them if they have been subject to criticism by a relevant body. It is for the Crown Prosecution Service (CPS) to decide whether to include the evidence in the prosecution case and for the Court to decide whether it is admissible.
sorry if this has been posted before, could not see it.
It's also interesting that so many references are made to expert opinion. But we know that, within many computer forensic reports, we are reporting facts rather than opinion. This does not help matters IMHO as it muddies the waters. If my report does not include an opinion, then does the above apply or not?