Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/39576
Title: The court expert : an analysis of his functions in civil and criminal proceedings
Authors: Attard, Graziella
Keywords: Court-appointed experts -- Malta
Evidence, Expert
Forensic sciences
Issue Date: 2018
Citation: Attard, G. (2018). The court expert : an analysis of his functions in civil and criminal proceedings (Master's dissertation).
Abstract: In order to arrive to fair decisions, the Courts often need professional assistance and opinions on those subjects which are independent from their area of expertise. Experts and referees are appointed to this end. This term paper has the aim of assessing the duties of such appointees in civil and criminal proceedings. The first chapter consists of a general overview of the various areas of expertise in which experts can be appointed, focusing on the functions which are assigned to them by the Courts, together with the characteristics which are required for a person to take on such role. The admissibility of ex parte experts in civil proceedings is also analysed. The following chapter is an examination of the procedural rules which experts must follow in the performance of their functions. The role of the expert emanates from the decree of appointment of the court which is followed with the presentation of a report, which at times can be subject to review through the appointment of additional referees. Chapter 3 of this term paper contains a brief study of Maltese judgements issued in civil proceedings analysing the extent upon which the Courts are willing to take into account the referee’s opinions. While executing their role, Court experts and referees very often encounter difficulties and these are addressed in this chapter together with their primary right of payment for the completion of their work. The functions of a Court expert are also very relevant in criminal proceedings. The final chapter assesses the applicability of court experts in the criminal jurisdiction. This research establishes shortcomings of the local legislation and system concerning experts and proposals for legislative amendments are put forward so as to ameliorate the role of Court experts.
Description: M.ADV.PREP.
URI: https://www.um.edu.mt/library/oar//handle/123456789/39576
Appears in Collections:Dissertations - FacLaw - 2018
Dissertations - MA - FacLaw - 2018

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