Written Question · S1W-34146 · Session 1
What consideration it has given to the Daubert judgement which currently governs the admissibility of expert testimony in courts in the Uni…
The question
To ask the Scottish Executive what consideration it has given to the Daubert judgement which currently governs the admissibility of expert testimony in courts in the United States of America and, in particular, the implications of the judgement with regard to the present means, technique and quality of similar evidence offered in Scottish courts, with particular reference to fingerprint evidence brought forward by the Crown Office and Procurator Fiscal Service in criminal cases in the last five years from experts working in the Scottish Criminal Records Office.
The answer
We have considered the recent developments in the law of expert evidence in the United States of America, including the judgements in the Daubert and Kumho Tire Co cases and the Federal Rule of Evidence No 702. The rules of evidence in Scotland in relation to skilled witnesses are comparable in many respects, but we do not consider that they have any implications for the use of expert evidence, including fingerprint evidence, in Scotland.We have, however, set out proposals for the greater use of expert evidence in some types of case. These are contained in Vital Voices, Helping Vulnerable Witnesses Give Evidence: Policy Statement, paragraph 2.31, published by the Scottish Executive on 27 February 2003. Copies are available from the Parliament's Reference Centre (Bib. number 26600).
In the Official Report
No contribution in the Official Report cites S1W-34146 by reference.