Procedural aspects of the new regime for the admissibility of expert evidence: what the digital forensic expert needs to know

Sallavaci, Oriola and George, Carlisle (2013) Procedural aspects of the new regime for the admissibility of expert evidence: what the digital forensic expert needs to know. International Journal of Electronic Security and Digital Forensics, 5 (3/4). pp. 161-171. ISSN 1751-911X

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Abstract

This paper reviews some aspects of the proposed reform on the admissibility of the expert evidence in criminal trials. The review focuses on the impact such reform will have on several procedural aspects of the criminal trial such as the role of trial judge, burden of proof for evidential reliability, power of the court to disapply the reliability test and the engagement of court appointed experts. The paper argues that some of the procedural aspects bring new challenges that may not be easily solved. On the other hand the digital forensics community may now have a new opportunity to pay an integral part in assisting the legal profession in light of the requirements of the new regime.

Item Type: Article
Keywords (uncontrolled): Law Commission; expert evidence; burden of proof; court appointed experts
Research Areas: A. > School of Science and Technology > Computer Science
A. > School of Science and Technology > Computer Science > Artificial Intelligence group
A. > School of Science and Technology > Computer Science > Aspects of Law and Ethics Related to Technology group
Item ID: 10489
Useful Links:
Depositing User: Dr Oriola Sallavaci
Date Deposited: 17 Apr 2013 10:18
Last Modified: 07 Dec 2018 08:37
URI: http://eprints.mdx.ac.uk/id/eprint/10489

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