Memorandum submitted by the Forensic Science
Society
1. THE FORENSIC
SCIENCE SOCIETY
The Forensic Science Society is an international
learned body based in the UK but with members in over 60 countries.
The Society publishes a peer-reviewed journal, arranges scientific
conferences in the UK and abroad and is engaged in setting standards
and accreditation in forensic sciences in the UK.
Many members of the Society have been involved
directly or indirectly with the work of the Criminal Cases Review
Commission (CCRC).
2. THE POTENTIAL
OF FORENSIC
SCIENCE
The nature of science is such that new developments
are likely to provide opportunities to increase the contribution
of forensic science to the criminal justice system. In relation
to the work of the CCRC there are two strands to this contribution:
— Identifying legal or investigative
matters where forensic science may be applied where it has not
hitherto been used.
— Reviewing instances where forensic
science has been used to ensure continued validity and reliability
of conclusions and their probative value in light of current scientific
knowledge.
3. THE GENERAL
GROWTH IN
CASE REVIEWS
In recent years there has been considerable
growth in the reviewing of cases, particularly homicides, partly
but not exclusively due to developments in DNA technology. Most
of this work is carried out by police forces often in conjunction
with other agencies such as the National Crime and Operations
Faculty or forensic science laboratories. This has identified
areas of difficulty and elements of good practice and raises the
question of how this knowledge might impact on the work of CCRC.
4. REVIEW METHODOLOGIES
The first issue we wish to raise is the methodology
of the review. Until recently most reviews took place as a "paper
process" ie no attempt was made to return to the original
exhibits or evidential materials. Recent practice at the National
Crime and Operations Faculty has shown that there are considerable
benefits to be gained by carrying out a direct examination of
exhibits. Is this a matter that has been considered by the CCRC
and if not why is this the case?
5. NON-SCIENTIFIC
FACTORS
There are a number of non-scientific factors
that may impact on effective use of forensic science in the circumstances
described above that are of relevance to the work of the CCRC
and may be of interest to the Committee. These factors include:
— Deterioration of evidential materials
due to sub-optimal storage of exhibits.
— Difficulties in traceability or continuity
of exhibits due to poor or inconsistent record keeping.
— Lack of standardised procedures for
recording and storage of exhibits in different forensic science
and police organisations.
Does the Chair of CCRC have a view on these
matters and have they impacted on the effectiveness of CCRC?
6. FEEDBACK AND
GOOD PRACTICE
Given that this is a developing area in criminal
justice has CCRC given thought to identifying good practice? Scientists
who are involved with CCRC are usually unaware of how effective
their work has been in the review process.
7. SELECTION
OF COMPETENT
EXPERTS
A general difficulty in the review process is
the identification and selection of experts with the relevant
expertise and experience. Given the multiplicity of lists of experts
with various agencies and organisations is the CCRC confident
that it retains the best and most relevant individuals?
8. PRIVATISED
FORENSIC SCIENCE
MARKET
The recent decision by the Home Office that
the Forensic Science Service should become a public private partnership
means that within a short time the entire supply of forensic services
in England and Wales will be in private hands. In such circumstances
how does CCRC intend to engage this market and does it raise difficulties
or opportunities for its work?
16 December 2003
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