Expert evidence and the Law Commission : implementation without legislation?

Abstract

Argues that, despite a failure to implement the recommendations in the Law Commission's 2011 report entitled "Expert Evidence in Criminal Proceedings", many of its proposals on the exclusion of such evidence might be introduced by the judiciary's appropriate exercise of common law powers. Reviews the Commission's proposals, the common law principles determining when expert evidence is not admitted, and how such discretion could be used to exclude evidence failing the Commission's core test. Discusses the drawbacks of such an approach and whether the Commission proposals were too timid.