EXPERT0 CREDITE

Expert Evidence: Law and Practice Tristram Hodgkinson (Sweet & Maxwell, London, 1990, 447pp, index, ISBN 0421 37860; £85.00)

This book is intended for the lawyer whose practice involves pre-trial preparation of expert evidence of the presentation or questioning of such evidence in court. However, because the book is written by a practising lawyer, it gives experts a clear insight into the thinking of the legal world, and is a useful tool for those who have to attend court, or prepare reports for court proceedings.

The introduction, and chapters dealing with pre-trial practice and procedure, discuss many topics which cause difficulty for us all, including the distinction between fact and opinion, disclosure, and the perennial problem of adducing another party's expert evidence.

The section on evidence at trial looks at the law, and also contains useful advice on the giving of expert evidence. Experts reading this will have some idea of the type of cross-examination which they might face, and the reasons for it. There is clear comment on many relevant issues, for example, qualifications, reports, refreshing the memory, and just hypothetical questions may be appropriately used!

Experts, as well as lawyers, are concerned about costs and fees. In criminal cases, expert evidence is often useful but costs must be justified. Knowledge by an expert of the appropriate rules and regulations could prove extremely helpful to all parties.

There is a chapter on forensic sciences and techniques. The author looks at the uses of various scientific techniques for evidential purposes, but does not discuss the factual detail of the techniques themselves. It gives an insight to lawyers, perhaps, into the circumstances in which certain types of forensic evidence may be used in court. Fingerprints and tracking dogs are singled out for special mention. The author cites PH Whiteheads's "Ten years of Forensic Science 1974-1983" (1984 Crim LR 663) as a reference to existing branches of science adapted to use in the forensic sphere, or areas of analysis created and used for such purposes. He also refers to "new forensic sciences" and comments on several-hypnosis, polygraphs, truth drugs, voice printing, and forensic odontology. Linguistic analysis and visual images of suspects are separately mentioned. Handwriting analysis is given considerable attention, but there appears to be no distinction made between handwriting analysis per se and the role of the forensic document examiner. DNA analysis, too, is given considerable attention, and there is discussion as to its uses, with supporting references, and discussion of potential problems, including the testing of reluctant parties or small children. Changes made by the Children Act 1989 are included.

There is much more in the book than can be mentioned in the space allocated for this review, and it certainly gives an insight into the way in which lawyers approach the use of expert evidence. It probably reflects, too, fairly accurately, the degree of many practising lawyers' knowledge about the forensic sciences. Since lawyers and experts are continually trying to understand each other, both as individuals and as practitioners of their respective professions, this must be useful though expensive reading.

484 JFSS 1991 ; 31 (4): 483-492