Ethics and Law

• Summary offences- magistrates court


  Less serious cases such as low level motoring offences, disorderly behaviour, TV licence payment evasion and minor assaults
• Either-way offences- magistrates or crown


  Cases such as theft, burglary and drug offences that can vary greatly in seriousness
• Indictable only offences- crown court


  The most serious cases such as murder, rape and robbery
• Magistrates' decision on either-way offences


  1. Decide whether an offence is more suitable for trial in the magistrates' court or the Crown Court

  2. Decide whether, if the defendant was to be convicted in the magistrates' court, their sentencing powers would properly reflect the seriousness of the case
• The maximum penalty the magistrates' court can impose is six months in prison for a single offence
• Private Member bill


  A bill introduced into Parliament by a private member rather than by the government
• Stated case


  A procedure where a court refers a point of law to a higher court for a definitive ruling
• Case law


  The law as established by the outcome of former cases
• Public authority


  A body that carries out public functions
• Remand


  The detention of a defendant in custody before trial or sentencing
• Compliance notice


  A notice served by the Forensic Science Regulator requiring a person to take steps to comply with the Forensic Science Regulator's Code of Practice
• The Forensic Science Regulator Act 2021 is the first legislation in the world to give statutory powers to enforce compliance with codes and investigate quality issues in forensic science
• The Forensic Science Regulator's code of practice is admissible in evidence in criminal and civil proceedings in England and Wales
• The first version of the Forensic Science Regulator's statutory code of practice was approved by the House of Lords on 1st March 2023 and came into force on 2nd October 2023
• PACE Act & Its Codes

  • Stop & Search (Code A)
  • Entry, Search & Seizure (Code B)
  • Arrest (Code G)
  • Detention (Code C, H)
  • Questioning & Treatment of Persons by Police (Code D, E, F, H)
  • Documentary Evidence in Criminal Proceedings (Code VII)
  • Evidence in Criminal Proceedings (Code VIII)
  • Police Complaints & Discipline (Code IX)
• Police and Criminal Evidence Act 1984


  Passed 1984, into force 1 Jan 1986
• DNA sample


  An individual's biological material, containing all of their genetic information
• DNA profile


  A string of 16 pairs of numbers and 2 letters (XX for women, XY for men) to indicate biological sex
• NDNAD


  National DNA Database, began in 1995, oldest national forensic DNA database, largest database with >8.2% of UK population, <1% of recorded crime detected using NDNAD, but rate of crimes solved using DNA matches is higher than crimes without, only accredited labs can load to the NDNAD, ISO17025 FSR-COP
• PACE

  Police and Criminal Evidence Act 1984, covers stop and search, arrest, detention, investigation, identification (inc. DNA samples)
• Intimate sample


  Blood, semen or any other tissue fluid, urine or pubic hair, dental impression, swab taken from genitals (including pubic hair), swab from an orifice other than the mouth
• Non-intimate sample


  Hair other than pubic hair, sample taken from a nail or under a nail, saliva, a swab taken from any part of the body other than intimate locations
• How DNA samples are obtained


  Crime-scene samples, Reference samples (Suspects: no permission needed, Non-intimate samples, Intimate samples: taken only on the authority of a police officer with at least the rank of inspector and with the 'appropriate consent', Elimination & Volunteer cards, Victims of crime, Those who think they become a victim of crime, SEDs, Missing persons
• Protection of Freedoms Act 2012 (PoFA)


  Act to provide instructions for destruction, retention, use of evidential materials including DNA, only those convicted will have DNA profiles retained indefinitely, outlines time forces can retain case material and records depending on offence, extensions for keeping samples can be sought in exceptional circumstances
• Requirements for destruction of DNA samples


  All DNA samples to be destroyed within 6 months of being taken - allows sufficient time analysis and upload, if not processed before 6 months deadline, samples are destroyed without testing, since implementation destroyed >1.7 million forensic DNA profiles from "innocent" individuals, >7.7 million DNA samples
• Human Tissue Act 2004


  Regulates activities concerning the removal, storage, use and disposal of human tissue, new offence of DNA 'theft': unlawful to have human tissue with the intention of its DNA being analysed, without the consent of the person from whom the tissue came or of those close to them if they have died, forensic samples are being stored 'for a criminal justice purpose' they are exempt from HTA
• Main Associated Laws


  • Police & Criminal Evidence Act 1984 (PACE)
  • Protection of Freedoms Act 2012 (PoFA)
  • The Criminal Procedure and Investigation Act 1996
  • The Human Tissue Act (2004)
• Module Learning Outcomes (MLOs)


  • MLO1
  • MLO2
  • MLO3
  • MLO4
  • MLO5
  • MLO6
  • MLO7
  • MLO8
  • MLO9
  • MLO10
• Retain


  According to the guidance on the retention of materials, all material & documentation generated
• Reveal & make available


  All their material & everything recorded to the Disclosure
• Cannot refuse to disclose material to other experts including: Training records, Software and datasets used to analyse information, Accreditation documentation
• Disclosure


  Providing the defence with copies or access to all material that is capable of undermining the prosecution case and/or assisting the defence
• Disclosure obligations begin at the start of an investigation, & police have a duty to conduct a thorough investigation, manage all material appropriately & follow all reasonable lines of enquiry, whether they point towards or away from any suspect
• Expert Evidence: Guidance & Required Reading


  • CPS Guidance on Expert Evidence
  • Criminal Practice Directions 2023 Part 7
  • CrimPR Rule 19
• Hearsay


  Statement not made in oral evidence that is evidence of any matter stated
• Types of statements


  • Statement of Fact
  • Statement of Opinion
  • Interpretation of fact or exhibit by an expert
• MG05


  Investigators use this form to give details of the case for the first court hearing at a magistrate's court
• MG06


  Gives prosecutor all relevant background information so that they can review the case effectively
• MG06A


  Tells the prosecutor about any sensitive or non-sensitive material that undermines the prosecution case or assists the case for the defence
• MG11


  Gives the CPS & witness service information about, & contact details for, each witness