From CHRISTOPHER PAMPLIN
Angela Gallop suggests that the Home Office and Police have a ‘virtual
monopoly’ on forensic science and there are only ‘a handful of independent
forensic scientists who defence lawyers can turn to’ (This Week, 25 May).
This is something of an overstatement. As editor of the UK Register of Expert
Witnesses I am concerned daily with locating, amongst others, forensic scientists
competent and willing to assist in defence cases. The register contains
details of over 50 such people.
The statement that ‘a legal aid clerk’ can refuse to authorise the fee
of a forensic scientist in a legally aided case is erroneous. The Criminal
and Care (General) Regulations of 1989 make it clear that determinations
are made by an area committee of practising solicitors/barristers. A clerk
may have delegated powers to authorise a payment but certainly cannot have
any power to refuse a payment.
If, as suggested, defence lawyers do not become aware of their expert’s
deficiencies until it is too late, they have only themselves to blame. No
competent solicitor ought to be instructing an expert unless satisfied both
as to that person’s competence in the relevant field of expertise and as
a witness per se.
Christopher Pamplin Chorley, Lancashire
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