Expert witnesses giving evidence in court should be accredited and meet minimum standards of competency, methodology and ethics, the barrister acting for convicted former nurse Lucy Letby has declared.
Calling for reform of the law governing expert witnesses, barrister Mark McDonald told the Bond Solon Expert Witness Conference last week that experts play a vital role in helping the courts to discover the truth but are asked to transform technical findings into language that a decision-maker can understand and trust, which ‘can and sadly often does go too far’.
Problems identified by McDonald included the absence of a regulatory body for expert witnesses, a patchwork of expectations and an unwillingness by experts to give evidence for the defence. He called for ‘clear and enforceable’ accreditation of all experts appearing in court, minimum standards of competency, methodology and ethics, and an expert register.
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Experts ‘must see themselves as an officer of the court’, McDonald said. ‘This means being honest about your limitations, resisting pressure to tailor opinions and being willing to say “I do not know”’. Asked about media coverage, he said experts should not comment on a case they have been involved because it undermines their independence and risks breaching client privilege.
McDonald is not alone in calling for regulation. Six out of 10 expert witnesses surveyed by Bond Solon said the sector should be properly regulated. The Family Procedure Rule Committee has consulted on plans to require any expert instructions in family law children proceedings to be regulated and is currently sifting through responses.
The Criminal Cases Review Commission announced in February that McDonald had submitted an application on behalf of Letby, who was convicted in 2023 and 2024 of murdering seven babies and attempting to murder seven others.
