Help us map those working in the UK as Expert Witnesses Help us map those working in the UK as Expert Witnesses

Help us map those working in the UK as Expert Witnesses

Have your say in this important research and be in with a chance of winning £200 in vouchers of your choice.
Gary Alexander MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch) Gary Alexander MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch)

Gary Alexander MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch)

The case focussed on the validity of a will and codicil made by a wealthy lady, Mrs MacDougall, as well as a number of substantial gifts and...
Some guidance for experts in professional disciplinary proceedings Some guidance for experts in professional disciplinary proceedings

Some guidance for experts in professional disciplinary proceedings

In these professional disciplinary proceedings it was considered highly unusual for an expert to act on behalf of a Registrant having also provided a...
Experts who rise above the fray and fully discharge their duties to assist the Court Experts who rise above the fray and fully discharge their duties to assist the Court

Experts who rise above the fray and fully discharge their duties to assist the Court

The case concerned around 40 studio recordings of performances which were given by the members of the Jimi Hendrix Experience. The expert witnesses in...
Unregulated Experts in Family Court Children Proceedings Unregulated Experts in Family Court Children Proceedings

Unregulated Experts in Family Court Children Proceedings

From March to June 2025, the Family Procedure Rule Committee held a consultation on new Family Procedure Rule 25.5A concerning the instruction of...
Working with Expert Witnesses in Clinical Negligence Claims: Practical Considerations and... Working with Expert Witnesses in Clinical Negligence Claims: Practical Considerations and...

Working with Expert Witnesses in Clinical Negligence Claims: Practical Considerations and...

In the fourth article in the Working with expert witnesses series, Michael Kingman from Setfords Solicitors, discusses his experience of...
Podcast Episode 25: Preview of the EWI Annual Conference 2026 Podcast Episode 25: Preview of the EWI Annual Conference 2026

Podcast Episode 25: Preview of the EWI Annual Conference 2026

This month on the Expert Matters Podcast, we preview the EWI  Annual Conference which will be held virtually on 19 June 2026. We look at some of...
A Day in the Life of a Housing Disrepair Expert Witness A Day in the Life of a Housing Disrepair Expert Witness

A Day in the Life of a Housing Disrepair Expert Witness

We speak to David Deacon, a chartered surveyor who has spent his career in residential property. He founded Housing Disrepair Surveys, leading a team...
Podcast Episode 24: Marketing your expert witness practice Podcast Episode 24: Marketing your expert witness practice

Podcast Episode 24: Marketing your expert witness practice

In April's episode of the Expert Matters Podcast, we take a deep dive into Marketing your Expert Witness Practice, providing practical advice on...
A Day in the Life of a Learning Disability and Nursing Expert Witness A Day in the Life of a Learning Disability and Nursing Expert Witness

A Day in the Life of a Learning Disability and Nursing Expert Witness

We speak to Lynn Hannon, a learning disability and autism specialist nurse who works as an Expert Witness on quantum care assessments, loss of service...
Podcast Episode 23: Experts in the Courts Podcast Episode 23: Experts in the Courts

Podcast Episode 23: Experts in the Courts

In March's episode of the Expert Matters Podcast, we discuss some recent examples of experts in the courts, drawing out the key learning points...
A Day in the Life of a Clinical Psychologist Expert Witness A Day in the Life of a Clinical Psychologist Expert Witness

A Day in the Life of a Clinical Psychologist Expert Witness

Dr Jane Duff is a Consultant Clinical Psychologist, Head of the National Spinal Injuries Centre Psychology Service, and an Expert Witness. Here, she...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Call for evidence: Use of evidence generated by software in criminal proceedings
Sean Mosby 2836

Call for evidence: Use of evidence generated by software in criminal proceedings

bySean Mosby

 

The Ministry of Justice has published a call for evidence on the use of evidence generated by software in criminal proceedings.

The call for evidence is to help the Ministry better understand how the current presumption concerning the admissibility of computer evidence is working in practice, and whether it is fit for purpose in the modern world. The limitations of this presumption have been highlighted starkly by the Post Office Horizon scandal, which saw hundreds of sub-postmasters wrongly convicted based on evidence which is now known to have been false, due to faults in the Horizon accounting software system. This clearly demonstrated the fallibility of evidence produced by software. 

The Ministry wishes to increase its evidence base and understanding of the ways in which evidence produced by software is handled in criminal proceedings. This includes how this evidence is treated in other jurisdictions, and any challenges or issues with the current position in this country.

Current Common Law Presumption

Since 2000 there has been a common law (rebuttable) presumption that the computer was operating correctly at the material time. The presumption is a rebuttable one, meaning that if it can be shown that the software may not have been functioning correctly, the burden shifts to whoever is seeking to rely on the evidence to prove that it was. 

Proposed scope of any reform to the law

The Ministry is keen that any changes to the current common law presumption are carefully defined to only include that evidence which is generated by software, including Artificial Intelligence and algorithms. It believes that evidence which is merely captured or recorded by a device should be excluded.

Questions

The Ministry is seeking responses to a series of questions set out at the end of the call for evidence.

How to respond

You can respond to the call for evidence by email to computer.evidence@justice.gov.uk by 15 April 2025. The EWI will be submitting a response to the call for evidence. If you would like to provide input into the EWI's response, please contact us at policy@ewi.org.uk by 31 March 2025.

Share

Print
Comments are only visible to subscribers.