Forensic Science Evidence in Question

Abstract

How should forensic scientists and other expert witnesses present their evidence in court? What kinds and quality of data can experts properly draw on in formulating their conclusions? In an important recent decision in R. v T 1 the Court of Appeal revisited these perennial questions, with the complicating twist that the evidence in question incorporated quantified probabilities, not all of which were based on statistical data. Recalling the sceptical tenor of previous judgments addressing the role of probability in the evaluation of scientific evidence, 2 the Court of Appeal in R. v T condemned the expert’s methodology and served notice that it should not be repeated in future, a ruling which rapidly reverberated around the forensic science community causing consternation, and even dismay, amongst many seasoned practitioners. 3 At such moments of perceived crisis it is essential to retain a sense of perspective.

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