The Young grandfather: a new approach to the reliability of expert evidence in Scottish criminal cases or business as usual?

Donald Nicolson, Rhonda Wheate

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Abstract

Evaluates whether Young (Thomas Ross) v HM Advocate (HCJ), which set out a five-stage test of "sufficient reliability" of expert evidence, provides an adequate means of ensuring the reliability of scientific evidence in Scottish criminal cases. Analyses the scope, application and meaning of each of the five elements of the sufficient reliability test. Compares the Scottish approach with that of other Anglo-American jurisdictions.
Original languageEnglish
Pages (from-to)111-152
Number of pages42
JournalJuridical Review
Volume2020
Issue number3/4
Publication statusPublished - 15 Dec 2020

Keywords

  • expert
  • expert witness
  • admissibility
  • criminal trial
  • DNA
  • fingerprints
  • medical evidence
  • pathology

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