ABSTRACT
This chapter examines the practical issues surrounding the use and challenge of expert evidence from the perspective of the defence in criminal proceedings in Scotland. It considers the applicable legal rules governing the leading of expert evidence in Scotland. The Scottish legal system is properly characterised as a hybrid legal system, containing elements of both the common and civilian legal traditions. In Scotland, the investigation of crime is carried out by the police acting under the general supervision of the Procurator Fiscal service and Crown Office. The head of the criminal prosecution system in Scotland is the Lord Advocate. In Scotland, in the criminal context, the parties to the trial are the Crown and the defence, and they decide upon the issues to bring into play while the judge acts as a referee with the ‘prize’ being the verdict of the judge depending on the procedure used.
