Expert Evidence on the Reliability of Eyewitness Identification – Some Observations on the Justifications for Exclusion: Gage v HM Advocate
(2012) 16 International Journal of Evidence and Proof 93-105
11 Pages Posted: 18 Dec 2015
Date Written: November 4, 2011
In Gage v HM Advocate, the Appeal Court of the High Court of Justiciary in Scotland considered the admissibility of expert testimony concerning the reliability of eyewitness identification. It concluded that such evidence was inadmissible for the following reasons: (i) the trial provides adequate safeguards, (ii) the factors that affect the reliability of eyewitness identification are matters within the common knowledge and experience of the jury, and; (iii) the reception of such evidence is likely to make the jury unduly sceptical of eyewitness identification evidence generally. This note provides a critique of this reasoning.
Keywords: Law of Evidence, Expert Testimony, Eyewitness Identification
Suggested Citation: Suggested Citation