Criminal proceedings: expert witnesses

Criminal cases instruct medical experts on injury interpretation, intoxication, cause of death and the defendant’s mental state. The expert’s duty is to the court, whichever side instructs.

Criminal proceedings expert witness — Courtroom benches awaiting a hearing

Jurisdiction

The context behind the instruction

In England and Wales, expert evidence in criminal proceedings is governed by Part 19 of the Criminal Procedure Rules. Scotland and Northern Ireland run their own criminal systems, with their own rules and terminology.

Where the instruction concerns a defendant’s capacity to stand trial, see fitness to plead. For nation-specific context, see expert evidence across the UK. The register does not determine legal issues or provide legal advice.

Report routes

Reports commonly considered

records review and mental health assessment reports provide distinct forms of evidence. Their scope should follow the issues, available records and the questions put to the expert.

Directory search

Criminal proceedings listings

Questions answered

Frequently asked questions

Which disciplines are instructed in criminal cases?

The discipline follows the question in issue - breach, causation, condition or future needs - and criminal cases often need more than one to tell the whole story. This page maps the specialties most commonly instructed, each opening the register already filtered, so a shortlist is one click away.

Can one expert deal with both breach and causation in a criminal case?

Sometimes, where both questions sit within a single specialty - but courts expect an expert to stay within their own expertise, so the two are often split across disciplines. The disciplines mapped above reflect the usual division of labour for this claim type.

What must a criminal expert report comply with?

In England and Wales, CPR Part 35 and its Practice Direction: the expert's qualifications, the material relied on, the basis of each opinion, the range of reasonable opinion where it exists, and the statement of truth. The other UK jurisdictions impose equivalent requirements, and the report follows the forum it is written for - a CICA application, a redress scheme or the Court of Protection each expect their own format.

Can an addendum or supplementary report be requested as the case develops?

Yes - new records, Part 35 questions or a changed prognosis are routinely dealt with by addendum rather than a fresh instruction, and continuity with the original expert is usually the efficient route. The register's report-type pages cover the formats, from screening and records review through to joint statements and addendum reports.