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Responding to the Law Commission’s Consultation

This survey closed on 6 July 2009. We received 224 responses.

Our response to the Consultation Paper sets out a number of key observations, statements and suggestions. One way you can contribute to the Consultation is by responding to these using the feedback form below.

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

The other ways in which you can respond to the Consultation Paper are to:

 

  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
 %  
       

Section 2: Please rate these statements Your level of support
1 = Strongly agree
3 = Neutral
5 = Strongly disagree
 1 The attempt by the Law Commission to introduce a pre-trial assessment of the expert evidence put before juries in criminal trials is to be welcomed. 1 2 3 4 5 n/a
 2 The adversarial system is designed to test the truthfulness of witnesses. 1 2 3 4 5 n/a
 3 An expert convinced of the veracity of his opinion is telling the truth when he states that opinion (regardless of whether that opinion is, in fact, correct). 1 2 3 4 5 n/a
 4 An experienced expert is unlikely to be persuaded to change his opinion by a non-expert advocate (in the absence of any change to the underpinning evidential base or methodological error). 1 2 3 4 5 n/a
 5 A non-expert advocate faced with an expert who is firm in his opinion will often try attacking the expert as a proxy for attacking the opinion. 1 2 3 4 5 n/a
 6 The adversarial system is not particularly well suited to testing the correctness of an expert opinion. 1 2 3 4 5 n/a
 7 Expert evidence that is drawn from a reliable body of knowledge can still be unreliable in its own right. 1 2 3 4 5 n/a
 8 In cases that are prosecuted mainly on expert evidence, a pre-trial meeting of the judge, lawyers and experts (designed to explore the expert evidence and provide time for its import to be given quiet reflection) would be likely to identify unreliable or irrelevant expert evidence. 1 2 3 4 5 n/a
 9 Unless the Legal Services Commission has sufficient extra funds to meet the additional cost that will arise as experts prepare the necessary evidence of reliability, these proposals will fail to work in practice. 1 2 3 4 5 n/a
 10 The Law Commission’s proposals do not go far enough. 1 2 3 4 5 n/a
     

  Section 3: Send your response    
  Click this button to send your response to us.    
       
 

I wish this response, and my name, to be kept confidential to J S Publications.

 

   
 
   
 
   

 

  
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