HC Deb 29 January 2004 vol 417 cc515-7W
Tim Loughton

To ask the Solicitor-General (1) if she will list experts who(a) are currently and (b) have been in the last 10 years on the official list of expert witnesses for cases related to harm of children by their parents or carers; [151030]

(2) how long Sir Roy Meadow has been included on the official list of expert witnesses; [151031]

(3) what the procedure is for (a) including, (b) removing and (c) reviewing the appropriateness of continued inclusion of individuals on the official list of expert witnesses. [151032]

successful projects are those that have been scored as 1 or 2. Projects scored 3 ('projects likely to be "partially" achieved') are not counted when measuring progress against our PSA target. However, they will also include a range of successful outcomes. Projects are disaggregated by risk.

The following table shows the total number and proportion by commitment value of bilateral projects of £1 million and over that were reviewed as scoring 1 or 2 in calendar year 2003 (broken down by geographical region and risk category).

Tim Loughton

To ask the Solicitor-General what requirements were placed on Sir Roy Meadow in his capacity as an expert witness for the prosecution in criminal and civil cases to retain his notes for those cases after guilty verdicts have been secured. [151027]

The Solicitor-General

There are no specific requirements for the retention of personal notes following either a criminal of civil trial. Experts may be required to annex their original reports to a statement in order to explain their findings. There is also a statutory duty on expert witnesses to ensure that any information, which may undermine the prosecution's case, is disclosed.

The Royal College of Paediatrics and Child Health does not issue guidance to practitioners on retention of data. However, there is a professional duty upon all expert witnesses to consider carefully the possible use to which notes and records may be required in the future, for example possible appeals.

The Council for the Registration of Forensic Practitioners is implementing a system of registration of forensics practitioners. Each expert will be bound by a code of practice which will require practitioners to retain their work in order that it can be reviewed if necessary at a later date by another member of the Council.

The Intercollegiate Working Group chaired by Baroness Kennedy is examining issues surrounding the provision of training for expert witnesses and their use in the investigation process. The Group will report its findings in the Spring.

The Solicitor-General

There is no single official list of persons considered expert witnesses. Various organisations and bodies hold lists of expert witnesses for the purpose of assisting both their own members and other bodies which may require the assistance of an expert. The National Crime and Operations Faculty of the police force retains a database of persons with expertise in a wide range of areas, which is available to other law enforcement agencies. Other similar databases include those held by the Law Society, which retains a database for the use of its members. The Home Office retains a database of pathologists, registered to conduct post mortems on behalf of police or coroners. The Crown Prosecution Service does not retain a central database of experts. Some CPS Areas do keep a list of suitable experts for use in cases.

The National Crime and Operations Faculty (NCOF) and its database have been in existence since 1997. It currently retains details on a wide range of experts, both medical and non-medical, which is used by police forces, security services and the Crown Prosecution Service.

The various bodies maintaining a database will each have different methods of inclusion and exclusion of experts. With respect to the NCOF database individual experts will be included usually following a referral by a police area as to suitability for inclusion. Professional credentials and experience are then carefully considered prior to any decision being taken to include the expert on the database.

The NCOF does not delete experts from its database, in order that a historical record is maintained. If concerns arise over a particular expert then a decision would be taken over his or her continued use. If the decision were not to use that expert again the record would be marked accordingly.

The National Council for the Registration of Forensic Practitioners is in the process of implementing registration of forensic practitioners nationally. This will cover all types of forensic practitioners but at present does not include paediatricians. Registration with the Council as a forensic practitioner is only possible after an assessment of an applicant's professional experience and credentials. Once suitable assessors are identified the scheme will be extended to paediatricians. This is a voluntary scheme, however once completed it will represent a definitive list of suitably competent practitioners.