Although the detail of McIntyre, R v [2026] NICC 2 will probably be of importance only for forensic science imagery analysts, it is important for experts in criminal cases in Northern Ireland, for forensic clinicians insofar as their activities fall within the remit of the Forensic Science Regulator, and it is of general interest as it illustrates the risks for experts instructed by the prosecution of not ensuring an appropriate distance from the investigating police officers.

 

Learning points:

• Where there is a risk of cognitive bias, acknowledge it and be able to explain what steps you have taken to mitigate it, such as peer review.
• Where instructions evolve over time, have a complete record of them, whether oral or written.
• All documentary instructions have to be retained.
• Contemporaneous notes of meetings should be sufficiently detailed for the court to know what has been discussed and what the individual participants have said.
• As a prosecution expert, take steps to ensure an appropriate distance from the prosecuting authorities and be aware that meeting investigating police officers socially can call your independence into question.
• Requests for amendments to a report should be fully documented, included in the amended report and, if accepted, the reasons for doing so made clear.
• The Forensic Science Regulator’s Code of Practice does not apply in Northern Ireland but it may persuasive.
• The Criminal Procedure Rules of England and Wales do not apply in Northern Ireland.
• It is not necessary to be an accredited expert in order to give expert evidence but accreditation can be taken into account in determining evidential weight.

 

 

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