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Graham Smith
Jan Thompson
Graham Mumby-Croft


Brendan O'Friel
An Opportunity- Expert Witness Work

The purpose of this note drafted for readers of the Retired Governors Newsletter is to draw attention to an opportunity for part time interesting work following retirement.

From 2000 to 2016, I was on the Register of Expert Witnesses and each year undertook some work in that capacity. Although I have a couple of cases to complete, I am taking on no new work and I am aware that lawyers are occasionally looking for people to provide Expert Witness reports and advice on prison cases. For anyone with substantial prison service management experience and an interest in legal issues, Expert Witness work provides an interesting opportunity to contribute to resolving complex issues.

I became involved because around 1999, the Register of Expert Witnesses was seeking a “Prison Expert” for the Register. It seemed to be an interesting opportunity and so it proved in practice.

There are several organisations providing registers of Expert Witnesses so for anyone interested it may be sensible to research more than one. My experience is with the “UK Register of Expert Witnesses”. They can be contacted via JS Publications, PO Box 505, Newmarket Suffolk CB8 7TF, tel 01638 561590.  email  info@ jspubs.com; website http//www.jspubs.com.

For an annual fee of around £200 the Register provides an entry in their Register which is circulated to many legal firms in and beyond the UK. They also provide a regular newsletter with advice on a variety of issues including professional matters and practical “conditions of service” - issues like fees, insurance and agreements with lawyers. An “Expert Witness” charges for preparing a report and for attending Court to give evidence.

My experience is that most of the prison work available consists of civil cases about injuries sustained by staff or prisoners. Lawyers have either decided to sue the prison authorities or are seeking advice about whether to sue. Expert advice is sought from a person with substantial managerial background in prison work about the merits of a particular case. Quite a number of inquiries come in – in my experience – during the year from lawyers, but only a few develop into a formal request for a report. One question you always have to ask is whether any case falls within your expertise – sometimes it is a medical or other ex-pert that the lawyers should be approaching. Other inquiries are attempts to obtain free advice! Some-times the lawyers are in difficulties because they need a report very quickly for a Court Appearance and they suggest very difficult timescales. Of course as an Expert Witness you can refuse to get involved.

During the fifteen years I have undertaken this work, I have been asked to prepare reports both for Prison Authorities and for those bringing a legal case against Prison Authorities. Cases have involved a number of jurisdictions – I have prepared reports in English, Scottish and Irish cases and for a case in Jersey. The law differs in the different jurisdictions. Prison practice also varies a good deal – there are often not right and wrong ways – rather different ways of operating. I also found that as I became known to lawyers in differ- ent jurisdictions, I was approached about further prison cases. Civil cases can often take a number of years to resolve as the wheels of the law grind very slowly.

Brendan O’Friel

March 2016