Book Review: The Expert Witness
| Published date | 01 April 1998 |
| DOI | 10.1177/0032258X9807100217 |
| Date | 01 April 1998 |
| Subject Matter | Book Review |
operations are described in depth and the likely impact of the European
Convention on Human Rights in this area is examined.
The main text contains numbered paragraphs which are cross-
referenced with a fully annotated text of the Act.
It
is hoped that a future
edition would include the Code of Practice (which is soon to be published)
governing the authorizing of intrusive surveillance operations.
This book will prove to be a useful reference work for academics,
practitioners and anyone with an interest in civil liberties and police
accountability. Daniel Hale,
LLM
Inspector, Surrey Police
THE
EXPERT
WITNESS,
2nd
edn, by
Jean
Graham-Hall,
LLM,
RCIArb
and
Gordon
D. Smith,
FRICS,
ACIArb.
Barry
Rose
Law
Publishers
Ltd,
Chichester.
Hardback
£22; Softback £16.
"In our view an expert is called to give his opinion
...
it is, however,
important that the Judge should make clear to the jury that they are not
bound by the expert's opinion, the issue is for them to decide." Lord
Taylor, LCJ, in R. v. Stockwell (1993).
The use of expert witnesses within the court process has been an area of
some concern to the judiciary over many years and has produced a plethora
of case-law. Within an adversarial judicial system, it is important that the
respective parties produce sound and reliable testimony which is both
informative and helpful to the court, but which is also open to test by those
involved. The final decision lies with the court, but expert evidence may be
vital to outcome.
That expert evidence will be tested by the 'opposition' is sometimes
inevitable, but a well informed and properly prepared witness should have
no fear of the process. The Expert Witness goes a long way to assist those
that may be called to give such evidence, covering both case-law and
practical consideration, not only for the expert witness, but for those
seeking to adduce their evidence, whether in the civil or criminal court.
The book is well referenced and structured, with chapters detailing
relevant case-law, rules and procedures for civil and criminal courts, report
and statement preparation and the giving of evidence itself. The final check-
list contains some basic, but practical tips, and should ensure your witness
enters court both confident and well prepared.
For a variety of reasons, there has been a marked decline in the number
of police officers with court experience. Due to the quality of the advice
offered, the book is equally relevant to potential police witnesses, and to
senior investigators who may seek expert testimony to support
investigations. In fact, as part of my role at the National Crime Faculty, I
frequently locate and advise experts to assist serious crime investigations,
so my copy is kept within constant reach, is already well thumbed and has
proved a valuable resource.
Paul
Lobb,
BA (Hons)
Detective Sergeant, National Crime Faculty
April 1998 The Police Journal 185
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