Expert Witness Journal Dec 24 - Journal - Page 67
event(s) took place and how many times has the witness been asked the same questions over that time?).
Lord Justice Popplewell in his fascinating speech
Judging truth from memory: the Science acknowledged there are many cases which turn upon disputed
recollections that written records cannot resolve: “the
Court’s task is often to decide what happened in circumstances
where the documentary record is silent or inconclusive on the
critical points.” Emphasising that ‘where the contemporaneous record of the facts is clear and unambiguous, cases
which turn on those facts will often settle.”
3. Bias – attitudes and beliefs really influence how we
experience an event and how we retrieve our memories of it (this can be particularly potent in the case of
strongly held beliefs), which emphasises that the process of recalling an event has an important element of
reconstruction based on existing knowledge and
beliefs.
Christie Knowles of CKITT Investigation & Training
trains lawyers in advanced interviewing techniques
and notes “adverse influences on memory can be mitigated
by an interviewer skilfully ‘managing a conversation’ to gather
untainted reliable information from a witness using an
ethical and reflective approach that will stand up to scrutiny.”
4. Suggestibility & guessing – it is hard work to remember detail. People can be influenced by others,
particularly authority figures (willingness - even desire - to agree with someone senior or to fill a memory
gap with information when unsure might impact the
interview process), which can be an issue when interviewing, particularly vulnerable people.
There is clearly a role for witness evidence. However,
it is essential for interviewers to know more about
memory and to use that knowledge to develop advanced interviewing skills. All lawyers should be more
knowledgeable about the science of memory. We will
continue to explore these issues next week. Part 2 will
look at the Science of Memory and consider key points
lawyers need to know.
If lawyers are not alive to these issues from the outset,
they will likely surface for the first time under the lens
at trial.
The potential for biases where witnesses have a stake
in a version of events, the unreliability of memory
when it comes to recalling past beliefs and the considerable interference with memory that may be introduced by the process of preparing for trial are all
extensively explored in the case law.
This article was written by Andrew Walls and Stacie
Bourton in the Burges Salmon Dispute Resolution
team, and Christie Knowles of CKITT.
Judges frequently acknowledge that the passage of
time can cloud or distort memory and accept that
some witnesses have better (or less fallible) memories.
Against this backdrop, what remains for witnesses?
Key contact
Andrew Walls - Senior Associate
+44 (0) 117 902 7738
andrew.walls@burges-salmon.com
Dr Sourabh Moti Singh
Consultant Psychiatrist - MBBS, MRCPsych,
Dr Sourabh Singh has worked in the mental health services for 20 years, which includes more than
10 years of experience as a consultant psychiatrist in both the National Health Service as well as the
independent sector.
Dr Singh completed his basic specialist training in psychiatry, became a Member of the Royal College of Psychiatrists in 2007
and pursued further training as senior registrar after that. He completed an MSc in psychiatry research at the University of
Manchester in 2011. He achieved his specialist recognition from the Royal College of Psychiatrists in 2013 in general adult
psychiatry.
He has experience in various disciplines of psychiatry, including; mood disorders, psychotic illnesses, personality disorders,
forensic psychiatry, assessment and treatment for most of the mental conditions, which include ADHD (attention deficit and
hyperactivity disorder), ASD (autism spectrum disorder), anxiety, OCD (obsessive compulsive disorder), PTSD (post-traumatic stress disorder), complex PTSD, personality disorders, depression, psychosis, bipolar mood disorder and schizophrenia.
He has special interest in neurodiversity and expertise in assessing and treating mental disorders in neurodiverse
population.
Dr Singh has experience working in inpatient units, category B and High Security prisons, acute psychiatric units and medium
and low secure forensic units in the NHS.
Dr Singh has expert witness experience in providing regular reports to courts, Mental Health Tribunals, Ministry of Justice for
patients detained under section 2, 3, 37/41 of the MHA 1983 (amended 2007). He has over 10 years' experience in providing
court reports and parole reports, and has over 10 years' experience of working in prisons. Also experienced in community
forensic teams and Criminal Justice Liaison and Diversion teams in South East London where he regularly undertook
assessment and report writing in the police cells and the courts during that time.
Mobile: 07825 069418 - Email: sourabh.singh2810@gmail.com
Area of work: London, Greater London, Kent, Sussex and surrounding areas.
Able to travel or undertake remote assessments in England and Wales (terms and conditions apply).
Address: Care of Martax Accountants, Unit 113, Kingspark Business Centre, 152-178 Kingston Road, New Malden, KT3 3ST
EXPERT WITNESS JOURNAL
65
DECEMBER 2024
