Important Change to Expert Witness’ Declaration with immediate effect

Related Sector: Expert Witness

Changes to the wording of the declaration in an expert’s report came into force.

This change affects expert witnesses who act in criminal cases with immediate effect. The amendment can be found within the Criminal Practice Direction Part V: Evidence 19B: Statements of Understanding and Declarations of Truth in Expert Reports. 

Click here to download the latest version of the full declaration.

The previous version of paragraph 13 of the declaration read:
 
“13. I confirm that I have acted in accordance with the Code of Practice for Experts.”

The new wording of paragraph 13 of the declaration is:
 
“13. I confirm that I have acted in accordance with the code of practice or conduct for experts of my discipline, namely [identify the code]”

This amendment makes it clear that the code of practice or conduct to be followed by an expert when signing a declaration on a report that is made available for the court, should be the code of practice or conduct relevant to that individual expert’s profession.

What do you need to do now?

• You must amend the declaration in your criminal report template to the new wording in paragraph 13, including the specific details of your profession’s code of practice or conduct. Click here to download the latest version of the full declaration.
• We would recommend that you contact your professional body to obtain the current version of your profession’s code of practice or conduct for expert witnesses. Ensure that you read it and comply with it before finalising your next report for a criminal case. 

Ensure you are up to date with the relevant procedural rules
 
If you are interested in attending any Expert Witness Law and Procedure Courses to ensure that you are up to date with the current procedural rules that affect you and your duties as an expert we have the following public courses scheduled over the coming months:

• Criminal Law and Procedure – 18 & 19 May 2017 in London or 28 and 29 September 2017 in Manchester. For more details click here
• Civil Law and Procedure – 8 & 9th June 2017 in London or 14 & 15th September in Manchester. For more details click here
• Family Law and Procedure – 15 and 16 June in London For more details click here

Reference
Criminal Practice Direction Part V: Evidence 19B: Statements of Understanding and Declarations of Truth in Expert Reports