CRIMINAL LAW NEWSLETTER
NOVEMBER 2014
STREAMLINED FORENSIC REPORTING
In August 2011 the shooting of Mark
chemical tests have been carried out
Duggan sparked violence in London
to ascertain whether it actually is.
which eventually spread to other large
Recent rulings by the Court of Criminal
cities in England. During this time
Appeal have demonstrated that DNA
hundreds of people were charged with
is not the definitive answer of forensic
crimes relating to the rioting, and
science as originally thought, and the
various scenes of crime were
more appropriate question is not
examined for blood stains which were
necessarily “who did it come from” but
then submitted for DNA profiling. The
“how did it get there”? In R-v-
results were sent to the police by
Dlugosz;R-v-Pickering;R-v-
Streamlined Forensic Report[STR], an
MDS[2013]EWCA Crim 2, the Court
abbreviated form of reporting scientific
examined the mechanics of DNA
findings replacing the previous
evidence in some detail and I
comprehensive reports in the interests
commend it to all practitioners
of speed and cost.
wrestling with this complicated subject.
But the overriding conclusion of the
STR does not provide a framework for
Court about the reliability of STR was
elaboration, with scientific results
that if there is to be a challenge to the
being reported as fact and any
interpretation of findings then it is
interpretation of what that finding could
essential to get them independently
mean is not presented. In short, all the
checked.
information present in DNA results is
not disclosed in an STR. An obvious
The dissolution of the Forensic
example which we have all
Science Service increases concerns
experienced is a stain which is
over the impartiality of scientific
described as looking like blood but no
evidence and it is questionable that
police laboratories will be seen to be
possibly erroneous conclusions
so because of the extreme financial
without recourse to a much more
scrutiny. A classic example of this
comprehensive second opinion. In
trend is the situation where in order to
preparation for trial, defence teams will
investigate an allegation of kicking and
have to consider very seriously
stamping to the head only one shoe is
instructing their own expert scientist,
submitted for analysis. Complex
thereby neutralising any perceived
forensic findings are distilled into one
cost-efficiencies that were sought
line summary reports for charging
originally and incurring the wrath of the
purposes and forensic examinations
Bench. In addition, finding sufficiently
are conducted in a staged approach
persuasive verbal ammunition to
and stopped at the first sight of a
persuade the Legal Services
positive finding.
Commission that it is a necessary
expense will increase their work-load.
Budgetry and cost implications are
But with the Court of Appeal`s recent
now at the heart of the provision and
and resounding caution over DNA
scope of scientific investigation, and
results, this hopefully will not be the
since the closure of the FSS standards
formidable task it once was.
are being increasingly undermined by
the cost effectiveness standard.
Increasingly, in the criminal justice
system best and/or effective
performance is being stifled by limiting
budgets.
As we know, DNA can provide
extremely compelling evidence of
association and elimination of
participation in a crime and it is acted
upon as such by juries. Therefore, to
ask them to rely on a short-cut is
inviting injustice, and the more so
because it appears to have judicial
backing, particularly in our local Crown
Court. Even with constant vigilance by
defence solicitors it will be difficult to
challenge apparently correct but
Garth Richardson
THE CRIMINAL TEAM
Jason Beal
Nigel Lickley QC
Paul Rowsell
Garth Richardson
Barrie van den Berg
Rupert Taylor
Edward Bailey
Ramsay Quaife
Joanna Martin
Piers Norsworthy
Kelly Scrivener
Emily Cook
Julia Cox
Sally Daulton
Sarah Vince
Scott Horner
Devon Chambers
3 St Andrew Street
Plymouth
PL1 2AH
01752 661659
www.devonchambers.co.uk
clerks@devonchambers.co.uk