Admissibility of Expert Opinions on Eyewitness Evidence: International Perspectives

The courts of the United Kingdom and Canada have largely been averse to the reception of expert evidence that commentates upon the risks and potential deficiencies of eyewitness identification. Australian courts have trodden a somewhat unclear middle path. However, United States courts have latterly been amenable to some degree to the reception of such evidence. The decision of the Supreme Court of Pennsylvania in Commonwealth of Pennsylvania v Walker, 92 A 3d 766 (2014) is the latest (albeit with a strong dissent) to join the majority position in the United States, allowing such evidence in certain circumstances. This article reviews the bases for the different approaches adopted in the various jurisdictions and identifies areas upon which further research will be constructive in bringing about a consistent position internationally on the issue.