ABSTRACT
Many situations involving wildlife can give rise to legal action. Forensic evidence provided by an expert witness is frequently required to support the claims of parties to litigation. Most commonly, but not exclusively, this occurs in criminal prosecutions for oences that arise from legislation relating to unlawful interference with protected species or habitats,
Forensic Evidence in the Context of Wildlife 481 Legal Background 483
Levels of Law 483 Kinds of Law 483 Legal Systems 483 Judicial Systems 484 United Kingdom 485
What Is an Expert Witness? 486 Being an Expert Witness 487
General Duties of an Expert Witness 487 Accepting Instructions 488 Writing the Report 489 Conferences 490 Pre-Trial Questions Put to Expert Witnesses 491 Meetings between Experts 491 Appearing in Court 492 Training for Expert Witnesses 493 Finding and Assessing an Expert 494 Expert Witness Fees 494 Basic Advice for the Novice 495 Witness Immunity and Liability 497 Jones v Kaney 497 Other Countries 498
Conclusion 499
to the ill-treatment of animals. In addition, wildlife may cause damage to people or property for which compensation is claimed in the civil courts in the torts of negligence or nuisance, or under specic legislation that provides for strict liability, in some circumstances, for damage done by animals. Wild animals could also be the subject of a contractual dispute or may feature as part of the context of litigation – for example, when the presence of a protected species is used as a tool with which to object to the development of new buildings or roads. Other animal-related forensic evidence may be required in disciplinary hearings, particularly relating to veterinary surgeons (veterinarians) and veterinary nurses, insurance claims and professional negligence (malpractice).
