Expert Witnesses
The Civil Procedure Rules (CPR) (1998), which came into force in April 1999, foresaw that expert witnesses would need to be kept abreast of the case law expounding the cold print of the words of Part 35 and any Practice Directions.
The establishment of the Council for the Registration of Forensic Practitioners (CRFP) in 1999 is an attempt to help the Courts identify witnesses who are competent (qualifications and seniority) in their own sphere of expertise and can indicate their availability to supply reports to the Courts and give oral evidence. The registration will heighten the judicial awareness of the need to examine fully the witness’s credibility and reliability to give expert evidence. Registration will depend on demonstrated competence against defined standards with re-registration required every four to five years. CRFP thus becomes a quality control system that ensures that those who present themselves as Expert Witnesses are competent to fulfil that role. Registered practitioners must accept the Council’s Code of Conduct and its disciplinary procedures.
For expert witnesses, the duty of continuing professional development goes further. As well as keeping up to date in their field of expertise, they must also ensure that they are likewise aware of the duties and responsibilities of an expert witness in relation to Court practices and procedures. Training courses needs to be directed to an understanding of the forensic process and the concomitant duty to assist the Court in resolving the scientific or technological matters in issue and cover matters such as the Civil Procedure Rules, report writing and given oral evidence.
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