Scottish Universities Insight Institute : a development from the institute for advanced studies

a development from the institute for advanced studies

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Scots Law of Evidence: programme report

The Scots Law of Evidence programme report examines the risks arising when evidence from science or technology is used in Scottish criminal trials. When such evidence is introduced, it is currently unclear what rules govern its admissibility in court and whether these are always compatible with a fair trial for the accused. With the aid of international experts, the programme therefore set out to establish first, the processes courts adopt in determining what constitutes science, its scientific reliability and validity, and its probative value. The programme reviewed the current status of expert evidence in Scots law in the light of developments, especially in the USA and in England & Wales and the programme report identifies appropriate scientific protocols to regulate admissibility of scientific evidence and, where relevant, makes recommendations for law reform regarding the rules of admissibility of scientific evidence in court, and their fitness for purpose in the digital and global age. This is very timely given Lord Carloway's wider report into criminal law and practice, and the report from the Shirley McKie Inquiry. Download the full report and a short summary.

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