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National Guidance for Streamlined Forensic Reporting ... Streamlined Forensic Reporting (SFR) has been designed to enable investigators, scientists,.
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Document Title: National Guidance for Streamlined Forensic Reporting Reference FCN-SP-MGT-GUI- 0003 FCN Pillar Science Version: 3 .0 Document Owner: Science Director Issue Date: 02 / 02 / 2022 Reviewed by: Vickie Burgin – Science Director UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL
Document Title: National Guidance for Streamlined Forensic Reporting Reference FCN-SP-MGT-GUI- 0003 FCN Pillar Science Version: 3 .0 Document Owner: Science Director Issue Date: 02 / 02 / 2022 Reviewed by: Vickie Burgin – Science Director UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL
Document status ACTIVE Author Deborah Sharp – Lead Scientist Approved By Christopher Davies – Quality Officer
Version Issue date Reason for issue Updated by 1 31/07/2020 Ownership given to FCN Deborah Sharp 2 15/06/2021 First review Deborah Sharp 3 02 / 02 / 2022 Second review Deborah Sharp This Guidance has undergone significant changes therefore highlighting all of the changes would not be appropriate. We recommend reviewing the document in its entirety.
Document Title: National Guidance for Streamlined Forensic Reporting Reference FCN-SP-MGT-GUI- 0003 FCN Pillar Science Version: 3 .0 Document Owner: Science Director Issue Date: 02 / 02 / 2022 Reviewed by: Vickie Burgin – Science Director UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions
Document Title: National Guidance for Streamlined Forensic Reporting Reference FCN-SP-MGT-GUI- 0003 FCN Pillar Science Version: 3 .0 Document Owner: Science Director Issue Date: 02 / 02 / 2022 Reviewed by: Vickie Burgin – Science Director UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions 25.11.2 Medical – Expert Response - MG22C and Professional Response - MG22D (SFR2)
Document Title: National Guidance for Streamlined Forensic Reporting Reference FCN-SP-MGT-GUI- 0003 FCN Pillar Science Version: 3 .0 Document Owner: Science Director Issue Date: 02 / 02 / 2022 Reviewed by: Vickie Burgin – Science Director UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL Acronym Terminology CSAM Child Sexual Abuse Material CSI Crime Scene Investigation DNA Deoxyribonucleic Acid DPP Director of Public Prosecutions EMSOU-FS East Midlands Special Operations Unit – Forensic Services ENFSI European Network of Forensic Science Institutes ESD Electrical Shock Device EWCA England and Wales Court of Appeal EWHC High Court of England and Wales FCN Forensic Capability Network FI Fire Investigator FSP Forensic Service Providers FSR Forensic Science Regulator GMC General Medical Council GP General Practitioner IDPC Initial Details of the Prosecution Case IEC International Electrotechnical Commission IIOC Indecent and Prohibited Images of Children ILAC International Laboratory Accreditation Cooperation IRS Incident Recording System ISO International Organization for Standardization KIRAT Kent Internet Risk Assessment Tool LR Likelihood Ratio MG(22) Manual of Guidance MT Medical Transcriber NCA National Crime Agency NHS National Health Service NID National Injuries Database OCF Open Case File OIC Officer in the Case
Document Title: National Guidance for Streamlined Forensic Reporting Reference FCN-SP-MGT-GUI- 0003 FCN Pillar Science Version: 3 .0 Document Owner: Science Director Issue Date: 02 / 02 / 2022 Reviewed by: Vickie Burgin – Science Director UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL Acronym Terminology OM Operations Manager PACE Police and Criminal Evidence Act PET Preparation for Effective Trial PTPH Pre-Trial Preparation Hearing SFR Streamlined Forensic Reporting SGM Second Generation Multiplex SGMPlus Second Generation Multiplex Plus UKAS United Kingdom Accreditation Service UKIAFT United Kingdom and Ireland Association of Forensic Toxicologists Definitions Can indicates a possibility or a capability DNA17 A DNA test that targets 17 areas of DNA plus a gender marker Friction Ridge Detail Sometimes referred to as Fingerprints, the detail used for identification purposes, found on the fingers, palms and soles of the feet May indicates a permission SGM A DNA test that targets 6 areas of DNA plus a gender marker SGMPlus A DNA test that 10 areas of DNA plus a gender marker Shall indicates a requirement Should indicates a recommendation The Codes FSR’s Codes of Practice and Conduct
The National SFR Board was established to implement SFR in England & Wales. The Board continues to provide a steer for national issues and consistency, and the development of SFR into new business areas and evidence types. The Board has cross-agency input and support from the Crown Prosecution Service (CPS) Operations Directorate and the Office of the Senior Presiding Judge. Included are forensic representatives from various police force areas and Forensic Service Providers (FSPs).
Document Title: National Guidance for Streamlined Forensic Reporting Reference FCN-SP-MGT-GUI- 0003 FCN Pillar Science Version: 3 .0 Document Owner: Science Director Issue Date: 02 / 02 / 2022 Reviewed by: Vickie Burgin – Science Director UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL
The SFR process has had the full support of the Senior Presiding Judge for England and Wales and the senior judiciary since its introduction in 2012. The latest letter of support provided by The Rt Hon Lady Justice Thirlwall on 11 September 2020, can be viewed on the Forensic Capability Network (FCN) website: http://www.fcn.police.uk/sfr
Document Title: National Guidance for Streamlined Forensic Reporting Reference FCN-SP-MGT-GUI- 0003 FCN Pillar Science Version: 3 .0 Document Owner: Science Director Issue Date: 02 / 02 / 2022 Reviewed by: Vickie Burgin – Science Director UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL
The SFR process is suitable for presenting both evidence of fact and evidence of opinion. Currently approved evidence types are as follows:
Document Title: National Guidance for Streamlined Forensic Reporting Reference FCN-SP-MGT-GUI- 0003 FCN Pillar Science Version: 3 .0 Document Owner: Science Director Issue Date: 02 / 02 / 2022 Reviewed by: Vickie Burgin – Science Director UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL invited to indicate whether they can agree the content of the MG22B (SFR1) by way of section 10 admission. The MG22B (SFR1) states that, should there be a real issue in relation to the forensic evidence, such that the admission cannot be made, the prosecution should ask that the defence identify the issue at the earliest possible stage in proceedings. This requirement upon the Defence does not expect them to identify a technical or scientific issue with the conclusions in the MG22B (SFR1), as it is accepted that at this point they will not have the benefit of their own expert opinion. The requirement is simply that the Defence identifies a reason why the defendant does not accept the conclusions in the MG22B (SFR1), for example: A defendant in a rape case accepts that the DNA found on the victim is his, but that it has not been deposited as a result of sexual contact. This should generate an MG22C (SFR2) report addressing the issue of DNA transfer and/or persistence rather than the source of the DNA. Any failure to respond to the MG22B (SFR1) in accordance with CrimPR, will be cited by the Prosecution in any application that is made by the Defence for further reports to be obtained, especially where such an application will result in delay in the proceedings. The admissibility of an MG22B (SFR1) in circumstances where the Defence decline to address the issue or make an application to dismiss is considered in Appendix F. If the prosecution believe it is necessary to clarify a scientific point prior to charge or as part of their case preparation prior to serving evidence upon the defence, this can be produced by way of a further MG22B (SFR1).
It is vital to note that the MG22B (SFR1) is not a witness statement; it is a summary of conclusions and may be compiled by a person other than the one who undertook the forensic analysis. As such, the author of an MG22B (SFR1) should not be added to the trial list and/or warned to give evidence at court as a witness unless they are also the author of an MG22C/D (SFR2) or MG11. In cases where the author of an MG22B (SFR1) has been warned as a trial witness, CPS should be made aware of this error at the earliest opportunity by submitting a ‘Case Management Risk Form’: The current version of the ‘Case Management Risk Form’ can be found at: http://www.fcn.police.uk/sfr The basis for seeking an admission or early identification of the real issues by the defence: A substantial body of case law provides support for the requirement for all parties to engage in active case management. For example: R v Chorley Justices 2006 EWHC 1795, ‘…the days of ambushing and taking last minute technical points are gone. They are not consistent with the overriding objective of deciding cases justly, acquitting the innocent and convicting the guilty’ and Balogun v DPP [2010] EWHC 799, ‘...the spirit or letter of the CrimPR’s is [not] complied with by asserting that the Crown is put to “strict proof...”.’ There are restrictions on a defendant’s ability to assert a positive case if the prosecution are put to proof on forensic or any other issues. And, in an exceptional case, where a party manifestly does not comply with the rules, the prosecution may apply for the SFR to be admitted in the interests of justice under s114 CJA 2003. R v Ishmael Adams [2007] EWCA Crim 3025: ‘…otherwise D would
Document Title: National Guidance for Streamlined Forensic Reporting Reference FCN-SP-MGT-GUI- 0003 FCN Pillar Science Version: 3 .0 Document Owner: Science Director Issue Date: 02 / 02 / 2022 Reviewed by: Vickie Burgin – Science Director UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL escape on purely technical grounds’. This doesn’t reverse the burden of proof: ‘…the question is not whether it is for the Crown to prove possession but how the Crown shall be permitted to prove it’.
There are two template forms for providing SFR2 evidence; the MG22C is for expert opinion and the MG22D is for non-expert factual information such as continuity or production of photographs. The MG22C and MG22D (SFR2) reports are used to provide further evidence on identified and/or disputed forensic issues emanating from the MG22B (SFR1) court case management process. SFR2 forensic evidence is provided in a Section 9 format and is more focused and relevant to the specific case issues that have been raised. Note: The SFR2 report (MG22C/D) is not defined as a full evaluative statement but is specific to dealing with real case issues. Where the evidence is complex or there are multi- disciplinary issues, this specific evidence may be more suitable to provide by way of an MG11 statement.
All parties to criminal proceedings, including the defence, must actively assist the court in managing cases under part 3 of the CrimPR. This includes the early identification of the real issues in the case (CrimPR 3.2(2)A). Active assistance includes communication between the defence and the prosecution at the first available opportunity and in any event no later than the beginning of the day of the first hearing (CrimPR 3.3(2)(a)). At or before the first hearing the defence will receive IDPC which will include any MG22B (SFR1) available. CrimPR 19.3(2) requires that the defence respond to any MG22B SFR1 (referred to as a summary of an expert’s conclusions in the Rules) by setting out which, if any, of the expert’s conclusions are admitted as fact and where not admitted, what are the disputed issues. The Rules do not provide a set form for that response, but the case management forms completed by defence, prosecution and court when a not guilty plea is entered contain questions about expert evidence, what can be agreed and what is in dispute. In magistrates’ court cases this is the PET (Preparation for Effective Trial) form and in the Crown Court it is the PTPH (Pre-Trial Preparation Hearing) questionnaire. Any issues raised by the Defence do not have to be scientific or technical in nature, but it would assist the process if some context as to the nature of the disagreement were provided. This will allow a more appropriate and targeted response to the issues raised. Please see discipline specific examples. Where the defence do not identify any specific issue(s) with the forensic evidence, it may be necessary to produce the findings outlined on the MG22B (SFR1) by way of an MG22C/D (SFR2) such that the evidence can be presented at trial.
Where unrepresented defendants are participating in the SFR process, care should be taken to ensure they understand what it is they are being asked to agree or provide a response to. Where appropriate, advice and assistance should be sought from the court or appointed legal representative.
Document Title: National Guidance for Streamlined Forensic Reporting Reference FCN-SP-MGT-GUI- 0003 FCN Pillar Science Version: 3 .0 Document Owner: Science Director Issue Date: 02 / 02 / 2022 Reviewed by: Vickie Burgin – Science Director UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL expressing evidential value, thus greatly assisting the CPS in reaching charging decisions and the courts in managing cases. The photographs assist the interpretation of why the SFR forensic information is important and relevant. For example, in moveable object cases, photography may be used to demonstrate not only the forensic link to the exhibit but also the relationship of the exhibit to the scene. Photographs allow CPS to see the relevance of the evidence in a pictorial way and puts the defence in a more informed position by allowing them to see the relevance of the forensic evidence at the earliest opportunity. This ensures that the appropriate plea can be entered, and that the defendant receives the appropriate sentence discount for an early guilty plea. Crime scene photographs showing the relevance and positioning of the SFR evidence at the crime scene assists in allowing the courts and juries to visualise the forensic evidence and enables that evidence to be presented in a short and clear way. Photographs can also assist the judge or magistrate to decide on the most appropriate sentence.
Disclosure is not an adjunct to an investigation. It is the investigation, and there is a requirement for all parties to consider their obligations at the earliest stage. In 2020, the Attorney General’s Guidelines on Disclosure, the Criminal Procedure and Investigations Act (CPIA), Code of Practice, Director’s Guidance on Charging and the National File Standard were updated. However, it has now been confirmed that no changes are required to the SFR process and/or templates in order to fully comply with current guidelines. Note: SFR forms do not deal with disclosure (by way of unused material) responsibilities. Unused material relevant to the investigation must be revealed by the police through completion of the MG form (or equivalent) regardless of reporting format employed within a case. The disclosure of unused material is governed by the CPIA and by “common-law” disclosure in circumstances where the CPIA does not apply. The obligation to disclose undermining unused material and unused material that may assist the defence under CPIA applies after a not guilty plea has been entered (in magistrates’ court cases) or after a case has been sent to the Crown Court (s.1 CPIA). An MG22B (SFR1) is prepared and served before plea or sending. At that early stage of proceedings, the CPIA does not apply, but “common-law” disclosure, as defined in R v DPP ex parte Lee [1999] 2 All ER 737, does apply. This provides that information that would assist the accused in the preparation of the defence case, including the making of a bail application, must be disclosed by the investigator to the prosecutor, who will immediately disclose it to the defence if they consider it meets the test for disclosure. Examples of what should be disclosed are:
Document Title: National Guidance for Streamlined Forensic Reporting Reference FCN-SP-MGT-GUI- 0003 FCN Pillar Science Version: 3 .0 Document Owner: Science Director Issue Date: 02 / 02 / 2022 Reviewed by: Vickie Burgin – Science Director UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL The investigator or disclosure officer must also reveal to the prosecutor any material that is relevant to sentence (for example, information which might mitigate the seriousness of the offence or assist the accused in laying some blame upon a co-accused or another). The purpose of an MG22B (SFR1) is to provide a summary of an expert’s conclusions, addressing the key issues in a case concisely and accurately. In cases where those preparing the MG22B are aware of further information that might meet the test for “common-law” disclosure set out above, that information should be communicated to the investigator and by the investigator to the prosecutor using form MG6 (or its equivalent).
The template for the MG22A form is available at www.fcn.police.uk/sfr A Forensic Information Report can be used when there is a request for an initial assessment of scenes or forensic exhibits that may help an enquiry, interview or strategy. The purpose of the MG22A is to communicate:
Document Title: National Guidance for Streamlined Forensic Reporting Reference FCN-SP-MGT-GUI- 0003 FCN Pillar Science Version: 3 .0 Document Owner: Science Director Issue Date: 02 / 02 / 2022 Reviewed by: Vickie Burgin – Science Director UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL Opinions and Interpretations Declaration The findings expressed in this Streamlined Forensic Report are matters of opinion, not statements of fact. However, evaluation of forensic evidence such as this is supported by study and experience, applying specialist knowledge and skills to forge reliable opinions and interpretations, which are subjected to peer review (as defined within the organisation’s Quality Management System) before final reporting. The decision-making process may be supported and evidenced through the use of working notes. If there is a range of expert opinion on the matter in question, the report should state where in the range the expert’s own opinion lies^1. In addition, if the laboratory’s accreditation does not cover opinions and interpretations, this must be declared (see section 24 for more details).
The template for the MG22C form is available at www.fcn.police.uk/sfr The purpose of this statement is:
An MG22C must comply with the provisions of Rule 19.4 CrimPR and the relevant sections of Part 19 of the Criminal Practice Directions (CPD). This includes a requirement to apply appropriate declarations and duties of revelation that are not included within the template MG22C. A series of additional templates have been developed for this purpose, and FSPs may wish to adopt these as part of their local quality management procedures. The templates can be accessed at www.fcn.police.uk/sfr.
Annex A is an expert’s declaration to the court that they recognise and will act in accordance with their duty to the court overriding any obligation to the instructing party in the case in accordance with CrimPr Rule 19. This annex shall be provided where the declaration has not been included within the expert’s statement. Included within the Annex A is the Forensic Examination Record which shall be included where an expert has based an opinion or inference on a representation of fact or opinion made by another person. The Forensic Examination Record will detail their name, their relevant qualifications and any applicable accreditation status. By signing Annex A, the expert certifies that the person had personal knowledge of the matters stated in that representation. (^1) FSR-G- 2 00 Forensic Science Regulator Expert Report Guidance
Document Title: National Guidance for Streamlined Forensic Reporting Reference FCN-SP-MGT-GUI- 0003 FCN Pillar Science Version: 3 .0 Document Owner: Science Director Issue Date: 02 / 02 / 2022 Reviewed by: Vickie Burgin – Science Director UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL
Annex B is a mitigation table that shall be used when declaring the method as an infrequently used method that is not within the schedule of accreditation or when declaring non-compliance within the Declaration of Compliance with the FSR Code of Conduct. Annex B should only be used for evidential statements/reports that include a Declaration of Compliance with the FSR Code of Conduct. See Section 24.1.3.2 for guidance on when this should be provided.
Annex C is a self-certificate that an expert should submit to the prosecution confirming that they are aware of their responsibilities as an expert witness to reveal to the prosecution team any information that might undermine their evidence or assist the defence.
Annex D is a disclosure schedule submitted to the prosecution identifying material in possession of the expert. The schedule should confirm the description of all non-sensitive material relevant to the case, material that has not been examined and the location of this material. This Schedule is produced in addition to the MG6C supplied by the Disclosure Officer.
The template for the MG22D form is available at www.fcn.police.uk/sfr The purpose of this statement is:
It should be noted that there may be occasions when a full evaluative statement is the most appropriate format to present the forensic findings. This would be dependent on individual case circumstances and the specific issues that are required to be addressed, but a statement would normally only apply when a more detailed explanation/interpretation of a set of complex forensic findings is necessary; for example, when there are multiple evidence types or evidence relating to multiple defendants that need to be considered as a whole.
