Atkins v The Emperor: the 'cautious' use of unreliable 'expert' opinion

Edmond, Gary, Kemp, Richard, Porter, Glenn, Hamer, David, Burton, Mike, Biber, Katherine, and San Roque, Mehera (2010) Atkins v The Emperor: the 'cautious' use of unreliable 'expert' opinion. The International Journal of Evidence & Proof, 14 (2). pp. 146-165.

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Abstract

What happens to a country under constant surveillance? The recent decision in Atkins v The Queen provides a partial answer.¹ The sheer availability of images seems to be driving decisions about their admissibility and use as identification evidence. Confronted with CCTV recordings associated with criminal activities English courts have been reluctant to restrict their admission or impose limitations on the scope or form of incriminating opinion derived from them. Although the Court of Appeal decision in Atkins v The Queen is concerned primarily with the way in which an opinion derived from CCTV images was expressed, the decision exposes jurisprudential weakness and continuing problems with photo comparison and facial-mapping evidence.

Item ID: 34048
Item Type: Article (Research - C1)
ISSN: 1740-5572
Keywords: expert evidence; CCTV; facial mapping; admissibility; reliability; identification; photograph
Date Deposited: 17 Jul 2014 05:00
FoR Codes: 19 STUDIES IN CREATIVE ARTS AND WRITING > 1905 Visual Arts and Crafts > 190503 Lens-based Practice @ 100%
SEO Codes: 95 CULTURAL UNDERSTANDING > 9502 Communication > 950205 Visual Communication @ 100%
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