Expert Wittnesses Group

The use and reliability of expert evidence varies in various member states.  In the Maastricht and Edinburgh conferences, the ECBA explored cases where the use and abuse of expert evidence had lead to miscarriages of justice.

The ECBA has also been involved in a EU funded project which examined procedures for gathering, handling, analysing, interpreting and presenting expert evidence and the procedural safeguards which are necessary to ensure its reliability. 

This project provides practical information including a comparative matrix setting out the rules in all the Member states.

 

The Law Society has published it's final report on 'Safeguarding Expert Evidence in the European Union'.  The ECBA was a key partner in the development and presentation of this project.

This EU-funded project examines procedures for gathering, handling, analysing, interpreting and presenting expert evidence and the procedural safeguards which are necessary to ensure its reliability. The project was designed in the context of judicial co-operation in criminal matters and mutual recognition in the European Union, and with regard to future developments in relation to the European Evidence Warrant and mutual legal assistance.

The Law Society worked in partnership with the Suomen Asianajajaliitto (Finland); Det Danske Advokatsamfund (Denmark); Consiglio Nazionale Forense (Italy); and Slovenska Advokatska Komora (Slovakia). Although not an official partner, the ECBA assisted in the project advising on each stage and participating in the project conference.

Each partner set up a Task Force comprising a defence lawyer, investigator, prosecutor, judge, forensic practitioner and bar association representative. In addition, representatives of 15 Member States and Norway completed questionnaires designed to ascertain the means by which expert evidence is used in criminal proceedings in each of the relevant jurisdictions. Each Task Force examined current practice and procedure in their jurisdiction and produced a research report including recommendations for practical and legislative change. In addition a comparative matrix was produced which offers a detailed analysis of the system in each jurisdiction. Some Task Forces produced recommendations for reform in their own jurisdiction and discussed how best to provide training for legal practitioners in this area.

A high level conference on Safeguarding the use of expert evidence in the European Union was held in September 2008 and the conference materials are also presented below.

"Safeguarding the use of Expert Evidence - AGIS Conference 23 September 2008.The conference was part of an AGIS project headed by the Law Society of England and Wales with partners from Slovenia, Finland, Italy, and Denmark.
The ECBA has assisted throughout the project providing an EU perspective on issues of expert evidence in criminal cases.  Below are the papers from the conference held on 23 September 2008.  

These documents are available as pdf documents.