Is Reliability Sufficient? The Law Commission and Expert Evidence in International and Interdisciplinary Perspective (Part 1)

Abstract

This article offers a critical appraisal of the Law Commission's Report, Expert Evidence in Criminal Proceedings in England and Wales (2011), and related proposals for reform. Drawing upon interdisciplinary research and empirical studies from other common law jurisdictions it suggests that the introduction of a reliability-based admissibility standard for expert opinion evidence, even in conjunction with provision for recourse to court-appointed experts, is unlikely to generate the kinds of changes required to improve the quality of incriminating forensic science and medicine evidence or align criminal justice practice with espoused goals and principles.