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What Does Pw Mean in Court Terminology?

What Does Pw Mean in Court Terminology?

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Published by rowanpurdy

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Published by: rowanpurdy on Oct 09, 2008
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11/18/2012

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1
Safeguarding ConferenceCaught in the Cross Fire
Contemporary Legal Issues
David Spicer, LLB,Barrister 
© David Spicer 
Unhelpful distinction between
1.“Witness of fact” - the treatingdoctor, and2. Expert instructed in case.Unhelpful nonsense.Principles are the same.
What is an Expert?
Person entitled to express an opinion, drawinferences, choose between options aboutthe matter at issue by reason of their -
Education and
Training and
Experiencerelevant to that issue.
 
2
Oldham MBC v GW and PW and KPW (achild) and Dr W. St. C. Forbes (2007)
“… this court has heard a deal about thesupposed distinction between treating (ie.clinical) and forensic experts.”
“Both forensic and treating experts will besubject to the same duties to the court.”
“… this court should do nothing todissuade experts from providing theassistance that the court needs.”
Reaching Sound Judgements
Reasonableness
Properly reasoned.
Taking account of allrelevant factors.
Giving appropriateweight.
Considering all options /alternatives.
Keeping an open mind.
Knowing and acting inaccordance with law.
Considering relevantguidance.
Knowing and applyingprocedures or whydeviated.
Consultingappropriately.
Acknowledging lack of information or expertiseand its impact.
If provisional - whatmore needed.
Human Rightsperspective
Accurate recording of above
 © 2006 David Spicer 
 
Joint Ministers’ Letter andStatement
20 July 2007
Joint Departmental Statement on theduties of doctors and other professionals in investigations of childabuse
 
3
www.statutelaw.gov.ukwww.hmcourts-service.gov.uk
 
Child Abuse?
Move away from notion that thereis a medical diagnosis of childabuse.
Shared Responsibility
Shared ownership of decision making.
Prevents isolation of professionals andagencies.
Improves quality of judgments.

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