FORMAL MEMORANDUM
FSS-CCRC RELATIONS
Introduction
1. The Forensic Science Service (FSS) is a Public Body and recognises that
it may be required to disclose documents and other material. The former
Metropolitan Police Forensic Science Laboratory (MPFSL) is now part of
the FSS. The Commission’s policy and procedure for relations with
Forensic Science Northern Ireland (FSNI) are detailed in the formal
memorandum entitled FSNI-CCRC relations.
Requests for Assistance
2. It has been agreed that all requests to the FSS for assistance will be
directed to the Central Enquiry Unit.
3. Requests to the FSS may be for one of the following:
a. the disclosure of documents or other evidential material held by the
FSS, or
b. general advice on the suitability of information contained in documents
or other evidential material held by the FSS to assist the Commission
with its enquiries, or
c. professional advice or further work relating to cases in which the
FSS/MPFSL may or may not have been previously involved.
4. It may be helpful to make the initial contact by telephone, but in any event,
the Commission’s requirements must be set out clearly in writing. The
Central Enquiry Unit will help ensure the requirements of the Commission
are clear and will make an initial assessment of whether the FSS is likely
to be able to comply or assist.
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5. Any further work requested may be:
• a repeat of work already done which is now considered to be unsafe, or
• the application of new techniques which have greater sensitivity or
discriminating power to material previously examined, or
• the examination of material not previously examined, which may be
relevant to the safety of the conviction.
Ordering new work through FSS Legal Scientific Services
6. The Commission will not be charged for retrieval of case files and other
evidential materials from storage for disclosure or for the provision of
general advice, but it has been agreed that it will meet the costs incurred
in providing professional advice or doing new work. Once an assessment
of the work requested has been made the FSS Legal Scientific Service will
provide the Commission with a quotation. Work will not commence until
FSS Legal Scientific Services has received the Commission’s order
number.
7. In cases where an Investigating Officer (IO) has been appointed under
section 19 of the Criminal Appeal Act 1995 (s19) and assistance is
required from the FSS, the IO should be advised to liaise directly with the
Central Enquiry Unit. The IO should write to the Central Enquiry Unit
setting out clearly the nature of the assistance required. Any such letter
should be copied to the Commission. FSS Legal Scientific Services will
send any quotation to the Commission and copy this to the IO. The
Commission will meet the costs of any work carried out by the FSS in such
cases and work will not commence until FSS Legal Scientific Services has
received the Commission’s order number. It is important to liaise closely
with the IO regarding work to be done by the FSS.
8. In any non s19 case where the Commission wishes to have an item in
police possession examined by the FSS contact should be made with the
Central Enquiry Unit and the work required discussed. Once the
Commission has decided to go ahead and an order number has been sent
to FSS Legal Scientific Services, the Central Enquiry Unit will identify the
FSS laboratory to which the item should be sent. The police can then be
asked to forward the item to the nominated FSS laboratory. The
arrangements made with the Central Enquiry Unit should be confirmed in
writing. The letter to the Central Enquiry Unit should be copied to the
police with a request that a copy of the letter accompanies the item to the
nominated FSS laboratory.
9. Where the original work was carried out by the FSS or MPFSL, any
professional advice or further work will, wherever possible, be provided or
undertaken by the scientist originally involved in the case, except where
the original work is considered by the CCRC to be possibly unsafe when
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an independent scientist, preferably from a different laboratory from the
original scientist, will be used.
10. Where an examination of evidential material is required and this would
result in the loss of or damage to the evidential material, the FSS will so
advise the Commission. Consideration can then be given as to whether,
given the circumstances of the case, it is appropriate to offer the applicant
or his legal representative the opportunity to instruct a second expert to be
present during the examination. The Commission will inform the FSS
where this is the case and the FSS will then make the necessary
arrangements with the independent expert direct.
11. Where the work for the Commission casts doubt on the original work, and
this was undertaken by the FSS or MPFSL, the Central Enquiry Unit will
liaise with the Commission over what further investigations or other action
might be appropriate.
DNA
12. There will be occasions when the Commission asks the FSS to carry out
work on material in order to obtain a DNA profile, which may identify the
origin of that material. This is likely to occur in cases where, (i) the FSS
was not able to obtain a DNA profile from the scene of crime material at
the time of the original investigation, or (ii) a DNA profile was obtained, but
it is now thought possible to obtain a more discriminatory result.
13. Where the FSS is able to obtain a DNA profile, or a more discriminatory
profile, the implications of this for the review of the case must be fully
considered. In some cases the FSS will be able to compare the new DNA
profile with a profile obtained from original material provided by the
applicant (i.e. blood sample taken at time of arrest). Where this is not
possible the FSS will normally compare the new profile with the National
DNA Database (NDNAD). Should there be a ‘hit’ the identity of the
individual identified will be disclosed to the Commission. The FSS will, at
the same time, notify all police forces concerned.
14. Where the Commission asks the FSS to carry out DNA work it will usually
be because the applicant asserts that the scene of crime material in
question did not originate from him. Should a comparison with a profile
obtained from an original sample provided by the applicant, or a check
against the NDNAD, show that the material appears to have originated
from the applicant, it will not normally be necessary to obtain a further
DNA sample from him. However, there may be cases where the applicant
challenges the result obtained by comparing the new scene of crime
profile with a profile obtained from an old sample provided by him, or
against the NDNAD. Should this occur consideration would be given to
obtaining a fresh DNA sample from the applicant. A DNA sample from the
applicant will, of course, be required in any case where no original sample
is held by the FSS and the applicant’s DNA profile is not held on the
NDNAD.
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15. The NDNAD is not used by the FSS for evidential purposes. Where a
suspect is identified from the NDNAD the police will obtain a fresh sample
once the suspect has been arrested. Any evidence subsequently given by
the FSS would refer only to the fresh sample. Whilst this has no direct
bearing on the Commission’s work, it is important to understand how the
NDNAD is normally used.
16. Where it is necessary to obtain a DNA sample from either the applicant
and/or victim (victim’s relative) the FSS will provide a kit for a mouth swab.
To obtain a mouth swab is a simple process and the FSS kit contains
adequate instructions. Although Commission staff may obtain such
samples it will often be more sensible (in order to avoid unnecessary
travelling) to ask for a police officer or prison medical officer to take the
sample. The mouth swab kit is supplied by FSS Legal Scientific Services
and can be sent direct to a nominated police officer or prison medical
officer.
17. There has been at least one occasion where it has been considered
necessary to obtain a DNA sample from a person living abroad. Where
this occurs consideration must be given as to who is best placed to obtain
a DNA sample on the Commission’s behalf. Much will depend on the
country concerned and the views of the person providing the sample. The
kit provided by the FSS will always be used. Arrangements are likely to be
made for the sample to be obtained by a police officer, doctor, or lawyer.
In any event, care must be taken to ensure that the person providing the
sample is properly identified and that there is evidence of continuity to
cover the sample from the time it is taken until its arrival at the FSS.
18. NB. Any person providing a mouth swab as a DNA sample must first
consent to doing so.
Interviews with FSS Scientists
19. On some occasions there is a need to conduct a formal interview with a
forensic scientist employed by the FSS. A formal interview with a forensic
scientist is one in which the Commission’s specific questions are put and
the answers recorded, as opposed to a meeting where the scientific facts
of the case and/or the possibilities for further scientific work are discussed.
Arrangements for a formal interview with a forensic scientist should be
made through the Central Enquiry Unit which is normally prepared to
arrange for the forensic scientist to attend their offices in Birmingham for
the purpose of a formal interview.
Priority Work
20. The FSS provides the police with a premium rate service for urgent work.
Whilst the additional expense may only be justifiable on rare occasions,
the premium rate service is available to the Commission subject to the
FSS having the necessary resources available to carry out the work.
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