![]() ![]() The decision as to whether an 'independent expert' is required, and who it should be, rests with the procurator fiscal. However, the roles of investigator and expert witness may be mutually exclusive, and a specialist inspector may not be asked to act as expert if s/he is directly involved in the investigation. The same principle applies to inspectors acting as experts in HSE prosecutions. It has been held by the Court of Appeal in a civil case that the fact that an expert may be the employee of one of the parties to litigation would not debar him/her from giving expert evidence. The specialist knowledge of inspectors involved in an investigation may allow them to be treated as an expert witness in the event of a prosecution. Specialist inspectors might be involved in an investigation either as part of the investigation team (albeit with specialist knowledge) or as an independent expert witness. Food and Environment Protection Act 1985 (FEPA).Disclosure of documents and productions.Overview - Reporting to the Procurator Fiscal.Evidence which may assist your investigation.Collecting physical evidence - Introduction.Overview - Collecting physical evidence.Collecting witness evidence - Introduction. ![]()
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