Expert evidence

Introduction

1. Whilst this section is addressed to expert witnesses, anybody in HSE who instructs experts, or requests assistance from specialists, should be aware of its contents. It applies both to external experts and inspectors acting as expert witnesses. Specific guidance on instructing experts and their role in an investigation can be found in ‘The expert’.

2. Specialist inspectors might be involved in an investigation either as part of the investigation team (albeit with specialist knowledge) or as an independent expert witness. The specialist knowledge of inspectors involved in an investigation may allow them to be treated as an expert witness in the event of a prosecution.

3. When an outside expert is instructed to advise, s/he should have the guidance in this section expressly drawn to his/her attention. In addition, s/he should be made aware that s/he may be required to give expert evidence if criminal proceedings are instigated. This will be especially important where an outside expert is not experienced in providing expert evidence in criminal proceedings.

4. Guidance on specialist advice can also be found in the investigation operational procedure. Should advice be needed in a particular investigation, this can be obtained from Legal Adviser’s Office via your divisional legal liaison point.