R v Silverlock

Facts

A solicitor was called to give an opinion on handwriting. He was not a professional document examiner. He had made a study of handwriting for years, and he compared the disputed writing with genuine samples.

Issue

Must an expert hold a professional qualification?

Held

No. Lord Russell of Killowen CJ held that the solicitor's study was enough. Expertise is a question of the knowledge the witness has acquired, not of the name of his trade.

Principle

A hobby pursued with real skill can be expertise. The judge decides whether the witness has it. The jury decides what weight to give the opinion.

Why it matters

Oakley is the same point for an experienced traffic officer. Jeffries is the limit: experience does not authorise an opinion on the ultimate issue.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.