Psychologists as expert witnesses: survey results from the expert witness advisory group (EWAG)

Abstract

PurposeIn January 2013, new court procedure rules were introduced in England and Wales, which resulted in significant changes to the instruction of expert witness psychologists (EWPsychs). This study aims to build on the results of previous survey studies of psychologists working as expert witnesses in identifying the current challenges faced by EWPsychs.Design/methodology/approachUsing a mixed-methods design, a sample 58 practicing psychologist expert witnesses were surveyed, and qualitative data was analysed using a thematic analysis approach.FindingsSix overarching themes emerged from the online survey data: training and knowledge, changes to procedure rules and Legal Aid Authority fees, quality of reports, pressures to change opinion, conflict with EWPsychs and expert witness feedback. Over a third of psychologists working as expert witness have not received specific expert witness training, with a quarter of respondents indicating that the capped legal aid fees are a determining factor in whether they accept instruction as an expert witness, and almost two-third of respondents believing that the legal aid rates do not accurately reflect the work that they do.Practical implicationsThere is clear demand for high-quality EWPsychs and a need to develop expert witness training programmes and guidance documents to better support the next generation of EWPsychs.Originality/valueThese results inform existing policy, clinical practice and guidance documents in supporting psychologists working as expert witnesses.