Admissibility of Expert Reports: What does an expert need to evidence?

In a recent Court of Appeal decision, R v Stokes-Denson [2022] EWCA Crim 999, the Court of Appeal was clear that an expert report on the defendants adjustment disorder was inadmissible as it did not assist the jury on the key issue before them, namely whether or not the defendant had the requisite intent in arranging sexual activity with a child / attempting to have sexual communications with a child.

The defendant’s defence was that he did not have this intent; he was role playing with the child and her mother [both undercover police officers], as he was angry that any mother could allow her daughter to participate in this behaviour and he wanted to report her to the police. The expert evidence did not assist the jury with the question of intent.

The Court said It was immaterial that defendants may have behaved the way he did because his adjustment disorder caused him not to consider the consequences of his actions. That is something that went to mitigation, not intent.

When instructing an expert, make sure the expert is clear upon what basis the expert is instructed as it may lead to, as was in this case, the report being inadmissible.