Provide expert evidence to courts and hearings
Overview
This unit focuses on the expectations and demands of an expert witness and the associated requirements relating to the delivery of expert evidence bysuch a witness.
The most recent definition of an expert witness states:
A person whose evidence is intended to be delivered before a court and who has relevant skill or knowledge achieved through research, experience or professional application within a specific field sufficient to entitle them to give evidence of their opinion and upon which the court may require independent assistance.
In order to maintain such status, expert witnesses must retain an up-to-date and relevant appreciation of their field of knowledge and update their curriculum vitae in support of demonstrating to the court that they are competent and credible to deliver on a case-by-case basis.
Expert witnesses must prepare evidence based upon a platform of impartiality, employing their knowledge, research and enquiries to the evidence of a case without response to influences from others more motivated towards a desired outcome. On this basis all evidence from an expert should be transparently prepared and presented, accountable, corroborated by other data or material wherever possible and presented to the courts with the same levels of independence, impartiality and fairness, with consideration of all the influencing evidence, facts and circumstances. If challenged, an expert witness must be able to provide supporting information to clarify their independent involvement with the case to support their appearance of impartiality.
There are three elements
1 Prepare to act as an expert witness
2 Prepare to present evidence relating to a specific case
3 Present expert evidence to a court or hearing
Target Group
This unit is aimed at anyone who is required to provide expert witness
testimony to a court or hearing.
Performance criteria
You must be able to:
Prepare to act as an expert witness
P1 keep up-to-date with relevant trends and developments in your field
of expertise
P2 maintain a curriculum vitae specific to your field of expertise that
supports your credibility to deliver expert evidence
P3 comply with the rules of evidence and court procedures
P4 comply with case law and published guidelines for expert witnesses
P5 comply with disclosure rules, in particular those specific to expert
witnesses
P6 comply with current legislation covering race, diversity and human rights
Prepare to present expert evidence relating to a specific case
P7 compile all evidence in accordance with case law and published
guidelines for expert witnesses
P8 compile all evidence impartially, reflecting your opinion of what you think
is most likely, based on all the evidence
P9 take reasonable measures to ensure that you have viewed all material
that may reasonably influence the outcome of your own findings and
rationales
P10 take reasonable measures to access additional material that may
support assertions, rationales or findings within your own evidence
P11 maintain, in order to provide an audit trail for inspection, a complete and
accurate record of
P11.1 requests for material made by you
P11.2 material provided to you
P11.3 material requested from you, and
P11.4 material provided by you
P12 appropriately document and label any exhibits created by you or under
your supervision
P13 compile clear, accurate and understandable statement(s) detailing
P13.1 your qualifications, experience and expertise relevant to the case
P13.2 the material which you have used in forming your opinion(s)
P13.3 material which you have considered but not used in forming your
opinion(s)
P13.4 your opinion(s) and your rationale for arriving at these opinion(s)
P13.5 where you have provided qualified opinions, details of the
qualifications
P13.6 a summary of all your conclusions
P14 prepare any other statements, declarations or information required by the
court
P15 maintain liaison with those who have engaged you as an expert witness in order to ensure you are kept up-to-date, given the opportunity to respond to any developments and available to attend court when
required
P16 respond promptly with regard to witness warnings
P17 prepare in advance of the hearing to ensure you are acquainted with all elements of your evidence
P18 retain all notes and material for inspection upon attendance at
court if required
Present expert evidence to a court or hearing
P19 arrive at the venue in time to permit prior consultation with the case team
and those responsible for introducing your evidence, such as Counsel
P20 ensure that your personal appearance reflects your professional
responsibilities and your role as an expert witness
P21 have in your possession all material you have used to compile your
evidence, in a format suitable for inspection or presentation within the
court
P22 deliver your evidence with clarity and in strict accordance to parameters
associated with expert evidence, ensuring that your answers are
consistent with your professional responsibilities
P23 ensure your evidence is consistent with that in your statement and, if
drawn away from your written evidence, take care to avoid potential
contradictions
P24 if you are presented with further evidence which contradicts your
opinions and/or rationales, acknowledge the contradiction
P25 if you are unable to answer certain questions through a lack of
knowledge or awareness, clearly explain the reasons for this
P26 be prepared, if supported by the weight of evidence, to concede points
that may be detrimental to the party which has engaged you as an expert
witness
P27 deliver your evidence in ways which will help others reach their own
conclusions, taking care not to be overly-assertive in your views
P28 remain available at the venue until such time as formally released
Knowledge and Understanding
You need to know and understand:
Legal and organisational requirements
K1 rules of evidence, expert evidence and associated case law
K2 procedures and protocols in courts and at hearings
K3 specific legislation and legal influences relevant to the case in question
K4 disclosure rules and published guidance to experts on evidence and
unused material
K5 specific guidelines employed by the organisation for whom your expert
evidence is being delivered with regard to the management of expert
witnesses
K6 current legislation, policies, procedures, codes of practice and guidelines
in relation to race, diversity and human rights
Prepare to act as an expert witness
K7 the importance of keeping up-to-date with relevant trends and
developments in your field of expertise, and how to do so
K8 the importance of maintaining a curriculum vitae specific to your field of expertise that supports your credibility to deliver expert evidence, and
how to do so
K9 the importance of keeping up-to-date with current legislation, rules and guidance relating to acting as an expert witness and how to do so
Prepare for court and other hearings
K10 how to compile an expert statement of opinion
K11 how to label and record exhibits
K12 how to assess the evidence of a case and apply your knowledge in order to interpret non-explicit matters
K13 how to retain, record and reveal unused material
K14 how to prepare clear, accurate and understandable statements as
required by the court or hearing
K15 the importance of ensuring you are well acquainted with your evidence in preparation for the court or hearing, and how to do so
K16 the benefits of maintaining frequent liaison with those who have engaged you as a expert witness
Presenting evidence at court or other hearings
K17 how to give evidence effectively in a court or hearing
K18 how and when you may refer to original notes or exhibits
K19 the circumstances within which opinion evidence may be delivered
K20 the influences regarding how opinion evidence may be delivered
K21 protocols regarding liaison with court or hearing officials
K22 court room procedures and protocols
Scope/range
Prepare to present expert evidence relating to a specific case
- material
1.1 information
1.2 intelligence
1.3 evidence
1.4 unused material
1.5 non-relevant material
Present expert evidence to a court or hearing
2. material
2.1 information
2.2 intelligence
2.3 evidence