Criminal Trial And The Judicial System Of England And Wales

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In a criminal trial or a civil case, a jury or magistrate court in England and Wales is required to determine and analyze the disputed factual issues. With such a requirement, expert witnesses in the relevant field are called upon to assist the fact-finding body interpret and understand evidence or opinion with which such a body is unfamiliar. The current approach to the admissibility of expert evidence within the judicial system of Wales and England is that of laissez-faire (Akers, 2000). Within laissez-faire, a number of experts’ evidence or opinion are admitted in the jury or magistrate court without adequate scrutiny since no clear guideless are applied to find out whether the expert opinion is sufficiently admissible and whether it…show more content…
Hence, it gives equality in any decision made so after the hearing is adjourned, come different expert opinion to enhance or influence the judge to make the right decision In the recent proposal for reform in the admission of expert evidence, The Law Commission for England and Wales observed that the “the common law approach to the admissibility of expert opinion evidence is one of laissez-faire, with such evidence being admitted without sufficient regard to whether or not it is sufficiently reliable to be considered by a jury” (Akers, 2000). According to the Commission, this approach is unsatisfactory and recommended that the admissibility of expert evidence should be considered in the criminal investigation only if (1) it is provided beyond reasonable doubt that the person who is called upon as an expert witness is skilled, experienced and qualified to give such evidence or testimonies and (2) the court should properly scrutinize the expert evidence to ensure it contains scientific principles which are admissible to the court and to the case in question. Under the proposal of the commission, evidence, opinion or testimony over a crime will only be admitted if the strength of the evidence is soundly based. For example, the experts evidence would not be admitted in the court of law if (a) it is based on flawed data, (b) it is based on an unjustifiable assumption, (c)
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