Flushing out the mavericks and dogmatic: Identification evidence and Rule 19

The Criminal Procedure Rules 2014 contained new provisions for the testing of expert evidence before admission at trial. The tests included in Rule 19 (previously Rule 33A) are intended to implement changes that were called for by the Law Commission after their extensive work on expert evidence in the justice system. More recently the subject of a Criminal Practice Direction, as well as strongly worded exhortations from the highest judicial offices, the expectation is that with training now being rolled out nationally for advocates, Rule 19 should lead to far more stringent scrutiny of expert evidence prior to, and at trial. As the Law Commissioner has stated – the Rule is there to ‘flush out the mavericks and dogmatic’. This paper will look at the new Rule 19 and considers the impact the Rule and its strict application may have on identification experts and their evidence.