Duties of all witnesses
- 76. Whether you are acting as an expert witness or a witness of fact, you have a duty to the court and this overrides any obligation to the person who is instructing or paying you.31,32,33,34,35,36 This means you have a duty to act independently and to be honest, trustworthy, objective and impartial. You must not allow your views* about a person to affect the evidence or advice you give.
- 77. You must understand your role as a witness throughout the court process. You must cooperate with case management, making sure you meet the timescales for producing reports, and going to conferences, meetings or court hearings.
- 78. When giving evidence or writing reports, you must restrict your statements to areas in which you have relevant knowledge or direct experience.
- 79. You must make sure that any report that you write, or evidence you give, is accurate and not misleading. This means you must take reasonable steps to check the accuracy of any information you give, and to make sure that you include all relevant information.
- 80. People who do not have a medical background may rely on your advice and evidence to help them make decisions. Where it is possible to do so without misleading anyone, you should use language and terminology that people who are not medically qualified will understand. You should explain any abbreviations and medical or other technical terminology that you use. Diagrams with explanatory labels can be useful.
Footnotes
*This includes your views about a person’s age, their culture, their disability, their ethnic or national origin, their sex (including any gender reassignment), their lifestyle, whether or not they are married or have any children, their race, their religion or beliefs, their sexuality or their social or economic situation.