Guidelines on Memory and the Law

The folowing report has been published by the British Psychological Society Research Board, dated June 2008:

 "Executive summary

These guidelines are derived from a review of the scientific study of human memory and a
detailed consideration of the relevant legal issues including the role of expert evidence.
The purpose of the guidelines is to provide those involved in legal work (criminal and
civil) with an accessible and scientifically accurate basis from which to consider issues
relating to memory as these arise in legal settings. The key points are summarised on the
page following.
The text that follows the key points overviews the relevant evidence and provides
recommended reading for those who wish to follow up any of the points individually. Also
provided for each section is a list of more technical references to some of the most
relevant scientific studies and findings.
The study of human memory has made considerable advances in recent decades and we
now have a much stronger and empirically informed understanding of memory. Current
theoretical thinking is at a stage that supports probabilistic but not absolute statements.
The guidelines and key points should then be taken as they are intended – as guidelines
and not absolute statements. Because they are based on widely agreed and acknowledged
scientific findings they provide a far more rigorously informed understanding of human
memory than that available from commonly held beliefs. In this respect they give courts a
much firmer basis for accurate decision-making".

The full report can be viewed by clicking on the file 'Memory and the Law' below.