Expert witness evidence may have to undergo formal reliability tests to determine whether it can be admitted in criminal trials under proposals from the Law Commission. A consultation published this week calls for guidelines to help judges determine whether or not evidence is ‘sufficiently trustworthy’ for a jury to consider.

The commission says the current common law approach to the admissibility of expert evidence in criminal proceedings ‘is unsatisfactory and should be replaced with a new statutory test’.

Its report, The Admissibility of Expert Evidence in Criminal Proceedings in England and Wales, says there is a need for an ‘urgent solution’, as expert evidence is increasingly relied upon and there is a ‘pressing danger’ of miscarriages of justice.

Jeremy Horder, the commissioner leading the reform project, said: ‘Expert evidence, particularly scientific evidence, can have a very persuasive effect on juries. We want to ensure the criminal courts have the means to authenticate expert evidence and be satisfied that the information before them is sound.’

The consultation ends on 7 July.

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