Chapter 34: Introduction to Part 7
Introduction
Current practice in perspective
Fingerprint evidence in the criminal justice system
Standards in the provision of fingerprint evidence
Assessing fingerprint evidence
Improving fingerprint evidence
The structure of this Part
Chapter 35: The methodology of fingerprint identification
Introduction
Studies of the variability in findings of fingerprint examiners
The findings of the Inquiry
Fingerprint evidence as opinion not fact
Definition of terms
Question 1: Are the materials supplied (mark and print) of sufficient quality for comparison purposes?
Question 2: Can the examiner accurately observe sufficient
characteristics in mark and print for a reliable comparison?
Question 3: Can the examiner reliably interpret those characteristics in such a manner as to determine which match and which differ?
Question 4: Can the examiner ascertain a reliable explanation for the characteristics that differ?
Tolerances
Explanation for differences that are outside the limits of tolerance
Unexplained differences
Comment on the approach to differences
Question 5: Can the examiner find sufficient matching characteristics to justify the inference that the mark is uniquely identifiable as having been made by a specific person?
The use and reliability of third level detail
The risk of contextual bias
Commentary
Numeric versus non-numeric approach
The limitations of fingerprint methodology
Introduction to recommendations
Recommendations
The subjective nature of fingerprint evidence
Research and development
Engaging with the academic community
Contextual bias
Fingerprint methodology
Introduction
Overview of ACE-V
Analysis and comparison
Reasons for a separate analysis stage
Approach to analysis and comparison in current SPSA practice
Reverse reasoning
Repeated viewing
Commentary on analysis and comparison
Evaluation
Commentary
Verification
The constituent elements of 'verification'
Discussion between examiners and panel reviews
Commentary on independent verification
ACE-V's limitations
Standard Operating Procedures
Recommendations
Standard Operating Procedures
Exceptions to strict application of ACE-V
ACE-V
Differences of opinion
Chapter 37: Documentation of fingerprint work and court reports
Recommendations after HMA v McKie
Current SPSA practice: documentation of fingerprint work
The case envelope
The diary page
Examination record
Stage 1 report or communication
Current SPSA practice: court reports
Introduction
Request for evidence from COPFS
The material made available to the Crown
Precognition
The extent of disclosure
Criticism
Commentary
Note-taking
Practice elsewhere
Arguments in favour of note-taking
Arguments against note-taking
What is involved in note-taking?
Relationship to quality assurance processes
Note-taking and ISO accreditation
Technology
Commentary
Review by defence experts
Recommendations regarding reports and disclosure
Recommendations regarding materials and information made available to defence experts
Notification of defence challenge
Commentary
The leading of fingerprint evidence in court
Enlargements and visual aids
Recommendations
Images
Viewing of original object on which mark is found
Record-keeping and note-taking
Provision of information to the Crown by the SPSA
Reports under sections 280 and 281 of the Criminal Procedure (Scotland) Act 1995
Consideration of material by defence experts
Presentation of fingerprint evidence in court
Introduction
The expression of opinion
Context
100% certainty
Standard applied in arriving at conclusion
'No doubt'
Evidence on a scale
Training for court
Consequential implications of fingerprint evidence being recognised to be opinion evidence
Open discussion of rival opinions
The range of conclusions and 'unable to exclude'
Recommendations
Differences of opinion between examiners
Erroneous identifications or exclusions
Expression of opinion by examiners
Training for court
Unable to exclude
Chapter 39: Complex marks and comparisons and questioned marks
Introduction
Definition of complex marks
Position in practice
Separate process for complex marks
Commentary
Questioned marks
Recommendations
Research
Procedure for complex marks
Questioned marks
Chapter 40: Accreditation, training, performance management and expert witness status
Introduction
Accreditation
Historical perspective
Accreditation of institutions
Commentary
Training of examiners
Performance Management
On-going development and competence
Monitoring competence
Addressing performance issues
Disclosure
Commentary
Recognition as a fingerprint 'expert'
The National Register of Fingerprint Experts
Authorisation by Scottish Ministers
Commentary: accreditation and authorisation of examiners
Competence to give expert evidence
Fingerprint examiners qualified outside the UK
Fingerprint evidence from witnesses who are not qualified fingerprint examiners
Recommendations
Accreditation of bureaux in Scotland
Performance management
Accreditation and authorisation of examiners
Chapter 41: Research and the role of statistics
The need for research
The role of statistics
Probabilistic analysis
Commentary
Awareness of significant developments in fingerprint law and practice
Recommendations
Research and development
Familiarity with development and disputes in fingerprint law and practice