Can trainee psychologists give expert witness evidence?
However, trainees may be called to give evidence relating to a report or assessment they have conducted and be asked to comment on aspects of this work.
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Can I give expert testimony about a person I cannot meet face to face (despite reasonable effort)?
Best practice would be to get consent from the person and to see them face to face.
However, given no other option it's possible, but you'll only be able to comment on the data you have available which inevitably is reduced if no face-to-face data available. This should be clearly stated on any reports and any conclusions or opinions appropriately caveated.
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Do I need a certain amount of experience as an expert witness?
Guidance produced by the Academy of Royal Colleges says:
- To act as an expert witness, the healthcare professional should have the necessary clinical knowledge, training and experience. This can vary between each role in terms of role, qualification or length of experience. Individual professional bodies may choose to offer further guidance. However, the Court will need to be satisfied that the professional has enough experience for their evidence to be accepted
- Healthcare professionals who act as expert witnesses should carry out specific training for being an expert witness and the expectations and responsibilities of this role. It should include the principles of this guidance and be appropriate to the individual clinical profession and specialty. Training should be kept up to date with refresher courses or other activities
- Healthcare professionals must carry out and show appropriate activity relevant to their clinical expertise and legal aspects of the expert witness role as part of their continuing professional development (CPD). This should form a part of their annual appraisal.
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Do I need special/specific indemnity insurance for my expert witness work?
Psychologists should have indemnity insurance to cover all aspects of their work, including expert witness work.
Most insurers will cover this work but psychologists should check their policy.
Some psychologists may have some insurance cover through their workplace, but may need personal indemnity insurance to cover their expert witness work.
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If you have any queries please contact the Practice team.