The change to the Declaration of Truth for Criminal Proceedings

The second amendment updates the declaration of truth used in expert reports. From 2nd October 2023, the Forensic Science Regulator: Code of Practice will require an expert witness to declare that they have acted in accordance with their relevant code or identify areas of non-compliance and provide details of steps taken to mitigate the risks associated with the non-compliance. This amendment will ensure that the expert witness’s declaration required by the Criminal Procedure Rules is consistent with the new declaration required by the Forensic Science Regulator’s Code of Practice.

The new point 13 from the declaration reads: “I confirm that I have complied with the code of practice or conduct for experts of my discipline, namely [identify the code], in all respects save as identified in [schedule][annexe][x] to this report. That [schedule][annexe] gives details of the action taken to mitigate any risk of error that might arise as a result.” 

The above video provides clarification for Expert Witnesses, confirming that if they have complied with the relevant code of practice, they do not have to use the entire statement and can simply state: “I confirm that I have complied with the code of practice or conduct for experts of my discipline, namely [identify the code], in all respects.”