The claimant sought judicial review. He practised giving evidence as to the operation of traffic speed cameras. The defendant magistrates had declined to accept his evidence saying that he was not an expert.
Held: ‘Whether someone is competent to give expert evidence has to be determined not on a generalised basis but as a focussed question by the court in which the evidence is sought to be given, by reference to the specific issues to which the evidence relates and on the basis of the specific information available to the court as to the witness’s knowledge and expertise.’ The decision was unreasonable, and a review granted. The manufacturer held courses only open to law enforcement officers, and therefore precluded attendance by those who might give evidence for drivers.
[2008] EWHC 522 (Admin)
Bailii
Citing:
Approved – Regina v Bonython 1984
(South Australia Supreme Court) The court considered the basis for deciding whether a proposed witness was an expert.
Held: It is for the judge to determine whether a witness is competent to give evidence as an expert and for that purpose . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Criminal Practice
Updated: 01 November 2021; Ref: scu.266234