Psychologists as Expert Witnesses

The Working Party on Psychologists as Expert Witnesses is a joint working party for the Professional Practice Board and Research Board.

The Working Party is tasked with

• Assimilating and updating existing documentation
• Assessing training needs for psychologists working as expert witnesses
• Exploring the potential for accreditation
• Exploring ways of promoting psychology as a provider of expert witness work
• Assessing and reviewing the Directory of Expert Witnesses

John Pinschof Video Conferencing

It is widely accepted that the availability of experts is one important cause of delay in care proceedings. This is a time in which the child is left uncertain as to his or her future and is often moved between several temporary placements. The longer cases take to resolve, the more frequent these changes are likely to be. Without a sense of permanence, there is potential for long term repercussions on the child’s life.

The Protocol for Judicial Case Management in Public Law Children Act Cases (issued in June 2003) identified the use of video conferencing equipment as a way to reduce delay in care cases and encouraged its use. To facilitate this, Her Majesty’s Courts Service provided all Care Centres in England and Wales with mobile video conferencing equipment to offer medical expert witnesses greater flexibility when required to provide evidence in court. The availability of this equipment has benefits for the courts, which are able to arrange quicker, more convenient hearings, and for experts themselves, saving them time travelling to courts across England and Wales and causing less disruption to their professional commitments. Most importantly, however, the availability of this equipment makes the process of obtaining expert evidence more efficient and can help to reduce the time it takes to resolve a case. Ultimately, a more effective process benefits the vulnerable children waiting for a decision about their future.

A recent evaluation, carried out by Her Majesty’s Courts Service (HMCS), looked at how effectively the equipment was used. The results were encouraging. There has been a positive impact on waiting times and the way in which cases are heard. As more expert witnesses became aware of the existence of this technology, the more they wanted to make use of it. Inevitably, in some areas of the country, the take up has been slow.

We all have a role to play, however, in ensuring this option is used wherever possible, enabling us to manage our diaries more flexibly and to enable earlier court dates to be set. As well as providing benefits for expert witnesses, this is also one small step we can take to ensure a care case progresses through the system as swiftly as possible. It, therefore, makes sense to use video links for giving evidence at every appropriate opportunity, which is made easier as many hospitals now have video conferencing equipment. Requests for using the equipment need to be made to the court as soon as practicable before the hearing to allow time for all the necessary arrangements to be made. Instructing solicitors should be asked to do this early in proceedings.

Further information about whether video conferencing equipment is available in a court at which you will be giving evidence can be found on the HMCS website at:

http://www.hmcourts-service.gov.uk/infoabout/video_conferencing/index.htm

Alternatively, please contact:

Resources

Psychologists as Expert Witnesses: Guidelines and Procedures for England and Wales (2007)

Psychologists as Expert Witnesses in Scotland (1998)

Family Law Protocol - 2006

Guide to Case Management in Public Law Proceedings

Experts in Family Proceedings Relating to Children

Implementation of Public Law Outline

Useful Links

Department for Constitutional Affairs

Civil Justice Council

Crown Prosecution Service

Survey of Expert Witnesses

If you are a member undertaking some form of expert witness work, please fill out our survey and return via the freepost address. The Working Party hopes the results of this survey will help identify gaps in training for expert witnesses and steer the Society to provide appropriate support for those members who work as expert witnesses.

Expert Witness Survey