Can I give expert testimony about a person I cannot meet face to face (despite reasonable effort)?
However, given no other option it's possible, but you'll only be able to comment on the data you have available which inevitably is reduced if no face-to-face data available. This should be clearly stated on any reports and any conclusions or opinions appropriately caveated.
Contact us
If you have any queries, please contact the Customer Support Team.
Can trainee psychologists give expert witness evidence?
Generally this would not be recommended in court settings because trainees are unlikely to have reached the recommended levels of clinical knowledge, training and experience.
However, trainees may be called to give evidence relating to a report or assessment they have conducted and be asked to comment on aspects of this work.
Contact us
If you have any queries please contact the Practice team.
What’s the difference between a routine assessment report and an expert witness report for the court?
The assessment and formulation methods may be very similar in both situations.
An expert witness report would specifically and concisely answer the key instruction points from the solicitor of diagnosis, attribution, causation and prognosis.
A routine report would be more board and holistic covering all aspects of a person.
Contact us
If you have any queries, please contact the Customer Support Team.
Do I need a certain amount of experience as an expert witness?
Guidance produced by the Academy of Royal Colleges says:
- To act as an expert witness, the healthcare professional should have the necessary clinical knowledge, training and experience. This can vary between each role in terms of role, qualification or length of experience. Individual professional bodies may choose to offer further guidance. However, the Court will need to be satisfied that the professional has enough experience for their evidence to be accepted
- Healthcare professionals who act as expert witnesses should carry out specific training for being an expert witness and the expectations and responsibilities of this role. It should include the principles of this guidance and be appropriate to the individual clinical profession and specialty. Training should be kept up to date with refresher courses or other activities
- Healthcare professionals must carry out and show appropriate activity relevant to their clinical expertise and legal aspects of the expert witness role as part of their continuing professional development (CPD). This should form a part of their annual appraisal.
Contact us
If you have any queries, please contact the Customer Support Team.
Do I have to send my notes to the Police under Data Protection Legislation?
Only a judge can order access to notes via a court order.
Psychologists should use their professional judgement as to whether to share their notes.
They should pay attention to whether there may be abbreviations or shorthand that's unclear and need explanation, as well as whether information contained in the notes is relevant to the case.
Only other psychologists would be able to comment on any psychometric data.
Psychologists may prepare a short report of relevant points from therapy notes if they haven't already provided a report or statement.
Contact us
If you have any queries, please contact [email protected]
Do I have to send my notes to a Solicitor (defence and/or prosecution)?
Only a judge can order access to notes via a court order.
Psychologists should use their professional judgement as to whether to share their notes.
They should pay attention to whether there may be abbreviations or shorthand that's unclear and need explanation and whether information contained in the notes is relevant to the case
Only other psychologists would be able to comment on any psychometric data.
Psychologists may prepare a short report to highlight relevant points from therapy notes if they haven't already provided a court report.
Contact us
If you have any queries, please contact [email protected]