Selecting an appropriate expert

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Choice of expert

In all approval applications in any children’s court case in Scotland, you must ensure that any expert witness sought:

  • represents an established and respectable body of relevant professional opinion
  • is appropriately qualified and competent to address the relevant issues
  • is appropriately informed as to the facts
  • will address the relevant issues in any report they will produce.

You should make sure you identify an expert skilled in the specific field of the expert evidence in question.

You should consider whether your proposed expert has reached an appropriate level of expertise to consider the particular case.

Before authorising the use of an expert based some distance from the court, we must be satisfied that no comparable witness is available nearer to the court in question unless it has been agreed by the sheriff/judge in advance that they will hear their evidence remotely.

Expert’s qualifications, experience and quality

It is ultimately your responsibility to be assured of the quality of the work being undertaken and of the qualifications and experience of the expert you wish to instruct.

With regard to medical and healthcare professionals, registers of the General Medical Council and the Health and Care Professions Council will both provide confirmation of appropriate registration and will disclose any specialist registration that the expert holds.

We offer below a number of valuable points on how to increase the likelihood of receiving a good quality expert witness report (based on research conducted by the University of Central Lancashire):

  • experts should be registered to practice with the Health Professionals Council and have full membership of an applied division of the British Psychological Society (i.e. clinical, forensic, educational, health, counselling)
  • instruction of experts should be restricted to those currently engaged in practice which is not solely limited to the provision of court reports
  • the instruction should be clear that it is for the expert to conduct all aspects of the work and not graduate psychologists or assistants who are not regarded as being appropriately qualified
  • reports that fail to attend to the instruction questions should have their costs reviewed accordingly.
Applying for approval to employ an expert
Prior approval required for experts and limitations on their costs

In this section

Procedures after legal aid is granted

What work requires prior approval from us for 2011 Act proceedings?

Find out what work needs our prior approval

Procedures after legal aid is granted

General guidance on approval for counsel

Find guidance on approval for counsel, including when using counsel is appropriate.

Procedures after legal aid is granted

Applying for approval for counsel in children's proceedings

Find out what information to provide when applying for approval for counsel in children's proceedings and what documentation to lodge with your application.

Procedures after legal aid is granted

Factors that may justify the employment of junior counsel

Find out what factors and considerations we will take into account when deciding whether to grant sanction for counsel.

Procedures after legal aid is granted

Approval for two or more junior counsel, or for senior counsel acting alone or with junior counsel, in children’s court proceedings

Find out what factors we will consider in deciding whether to grant approval for combinations of junior and senior counsel

Procedures after legal aid is granted

Instructing a solicitor advocate instead of an advocate

Find out whether a solicitor advocate can be instructed in children’s proceedings and how to apply for sanction to instruct a solicitor advocate.

Procedures after legal aid is granted

What work will approval for counsel cover in 2011 Act court proceedings?

Find out what work will be covered if approval is granted to instruct counsel for proofs, appeals, opinions and other hearings.

Procedures after legal aid is granted

When you need approval to employ an expert

Find out when you need approval to employ an expert including the difference between an expert witness and a witness as to fact.

Procedures after legal aid is granted

Applying for approval to employ an expert

Find out how and when to apply for approval including what supporting documentation to lodge and seeking leave from the court to lead expert evidence.

Procedures after legal aid is granted

Prior approval required for experts and limitations on their costs

Find out about what level of costs to apply for and what financial limitations we might impose on the amount of sanction granted for an expert witness.

Procedures after legal aid is granted

Approval for unusual expenditure or work likely to involve unusually large expenditure

Find out what is considered to be unusual expenditure or work likely to involve unusually large expenditure and how to apply for approval for such work.

Procedures after legal aid is granted

What information should be provided in support of an application for approval for unusual expenditure or work likely to involve unusually large expenditure?

Find out what documents/information should be provided when applying for approval for unusual expenditure or work likely to involve unusually large expenditure.

Procedures after legal aid is granted

Approval for unusual work or work likely to incur unusually large expenditure – special measures for child witnesses and vulnerable adult witnesses

Find out whether you need prior approval to use special measures to assist child and vulnerable adult witnesses.

Procedures after legal aid is granted

Taking precognitions in children’s hearings proof proceedings and disclosure of evidence by the Reporter

Learn about what information Reporters will disclose in proof proceedings, when sanction is needed before taking precognitions and joint or shared precognitions

Procedures after legal aid is granted

Reconsideration of approval application refusals or approval part grants

Find out whether you can ask us to reconsider an approval application which has been refused or only granted in part.

Procedures after legal aid is granted

Changes of nominated solicitor and withdrawing from acting

Find out what to do if you want to stop acting for a client or take over acting for a client from another solicitor.