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     Introduction • Context • The Draft Rules • Notes • Initial submission • Final submission • On-line voting • Specific questions • Respond in writing

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Rate the Register’s proposed submission on the
Criminal Procedure Rules Part 33 Consultation

This survey closed on 21 January 2006. We received 37 responses.

Our proposed submission to the Criminal Procedure Rules Part 33 consultation sets out a number of key observations, statements and suggestions. One way you can respond to the consultation is to endorse, or reject, the various elements of our response using the feedback form below.

Section 1 of the feedback form contains questions that will enable us to understand, and report back on, any differences in the views expressed based on the work profile of the experts who respond.

Alternatively, you may respond to the Criminal Procedure Rules Part 33 consultation by sending us your written response. tell me how...

 

  Section 1: About you...  
       
  Your name:  
  Your e-mail address:  
  Your telephone number:  
       
  What percentage of your workload is expert witness work? %  
       
  How is your expert witness workload split between:  
 
criminal cases?
 %  
 
civil cases?
 %  
 
family cases?
 %  
       
  What percentage of your expert witness workload is publicly funded in:  
 
criminal cases?
 %  
 
civil cases?
 %  
 
family cases?
 %  
       

Section 2: Your rating of our proposals Your level of support
1 = Strongly disagree
3 = Neutral
5 = Strongly agree
  1 We would strongly urge the Rules Committee to draw all the rules that expert witnesses are expected to know, understand and apply into Part 33. This will allow Part 33 to take on quickly the same status as CPR 35. 1 2 3 4 5
2
 We believe the Rules Committee should consider placing expert evidence under the complete control of the court, as without such power any attempt to improve the use of expert evidence in the criminal courts will be severely, if not fatally, undermined. 1 2 3 4 5
3
 We would suggest the following wording for Part 33.1: ‘A reference to an ‘expert’ in this Part is a reference to a person who is required to give or prepare expert evidence for the purpose of criminal proceedings.’ 1 2 3 4 5
4
 We suggest the Rules Committee includes in Part 33.2 a clear statement that the duty the expert witness owes to the court overrides any duty to anyone else. It would also be appropriate to use Part 33.2 to remind experts of their duty to independence and objectivity. 1 2 3 4 5
5
 We suggest the Rules Committee considers whether ‘reconnaissance’ reports and staged instructions are desirable, capable of being inculcated into CrimPR and, if so, whether further relaxation of Part 33.3 is warranted. 1 2 3 4 5
6
 The Rules Committee should consider including a power to put written questions to expert witnesses similar to that provided under CPR 35.6. 1 2 3 4 5
7
 There is strong support amongst expert witnesses for the use of pre-hearing meetings of experts. We suggest that in the interests of clarity, the Rules Committee retains rules 33.4 and 33.5 as drafted. 1 2 3 4 5
8
 Unless the rules of court impose a clear duty on each and every expert witness in a criminal case to independence and objectivity, introducing pre-trial meetings of experts in criminal cases will not result in cost savings. As noted previously, the proposed text of Part 33.2 will need to strengthen further the requirement of independence and objectivity of all expert witnesses. 1 2 3 4 5
9
 We suggest that the Rules Committee considers whether it is desirable to formulate additional rules to bring Daubert-style assessment of scientific evidence into the criminal justice system. 1 2 3 4 5
10
 We suggest that the Rules Committee considers whether the radical power to allow for pre-trial agreement of expert evidence should and could be included within Part 33. 1 2 3 4 5
11
 We believe court-appointed expert assessors would be a more natural role to introduce to the criminal justice system than would the single joint expert. 1 2 3 4 5
12
 We urge the Rules Committee to consider including the majority of the guidance in CPR 35 PD and the Experts’ Protocol within the ambit of Part 33. 1 2 3 4 5
     

  Section 3: Send your response    
  Click this button to send your response to us. If you would like to add anything more to your response, please click the submit button below and then follow the prompt on the next screen.    
       
 

I wish this response, and my name, to be kept confidential to J S Publications and the Criminal Procedure Rules Committee.

 

   
 
   
 
   

 

  
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