Recommendations – Forensic clinicians as witnesses in criminal proceedings

It is a common misunderstanding that statements setting out only findings of fact do not constitute expert evidence.

There are in fact five categories of evidence. Whilst the statement may be limited to factual findings; it may also include a limited opinion with respect to the interpretation of the examination findings, e.g. the causation of a bruise. It may include opinion evidence, for example, that a detainee is fit to be detained and fit to be interviewed, or that a complainant needs a specific treatment.

Please carefully read this document and update your training.

Many thanks to Professor Keith Rix for updating this document. It is essential reading for everyone.

Originally published October 2020