Streamlined Forensic Reporting: Frequently Asked Questions, Study Guides, Projects, Research of Quality Management

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Document Title: Streamlined Forensic Reporting: Frequently Asked Questions Reference FCN-SP-MGT-GUI- 0005 FCN Pillar Science Pillar Version: 2.0 Document Owner: Director of Science Issue Date: 02 / 02 / 2022 Reviewed by: Deborah Sharp – Lead Scientist UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL

Streamlined Forensic Reporting:

Frequently Asked Questions

Document Title: Streamlined Forensic Reporting: Frequently Asked Questions Reference FCN-SP-MGT-GUI- 0005 FCN Pillar Science Pillar Version: 2.0 Document Owner: Director of Science Issue Date: 02 / 02 / 2022 Reviewed by: Deborah Sharp – Lead Scientist UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL

Document Control

Document status Streamlined Forensic Reporting: Frequently Asked Questions Author Paul Roberts, Scientific Officer, FCN Approved By Christopher Davies

Update History

Version Issue date Reason for issue Updated by 1 19/08/ This document has been published to help answer any questions and provide clarification regarding the newly published National Guidance for SFR FCN Science 2 02 /0 2 /2022 Revision of guidance FCN Science

Grey shaded sections will denote changes from previous version

Document Title: Streamlined Forensic Reporting: Frequently Asked Questions Reference FCN-SP-MGT-GUI- 0005 FCN Pillar Science Pillar Version: 2.0 Document Owner: Director of Science Issue Date: 02 / 02 / 2022 Reviewed by: Deborah Sharp – Lead Scientist UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL

1. How are negative or neutral findings reported through the SFR

Process?

All wholly negative or neutral outcomes should be reported using the MG22A,

‘Forensic Information Report’. Where the SFR process has been adopted, no other

report format or document should be used in these cases. However, an MG22B can be

used to report the negative or neutral aspects of a case (on the ‘status’ page) which

has some positive findings reported on the front page. If a package of work provides

no information on which the prosecution will seek to rely, then the MG22A should be

used.

2. Is it necessary to use the SFR Process on every occasion?

No. 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. The Court may also order a full

statement to be provided in certain circumstances.

3. What templates should I use if SFR is not approved for a

discipline?

If SFR is not approved for a discipline, a result report or full statement should be

provided. As per Senior Presiding Judge and Forensic Science Regulator guidance,

abbreviated statements are not appropriate to be used.

4. It has been documented that there is a ‘variance of opinion’ on

the fingerprint SFR I have been sent.

• Does this mean someone has made a mistake?

No, this does not mean there has been an error made by an examiner in the

comparison process. It simply means that one examiner does not believe the

comparison has reached their own identification threshold. However, because a

fingerprint identification is always reported on a consensus result, 2 other examiners

have concluded it does reach their threshold for identification and can therefore be

reported as such.

• Do defence need to be aware of this information at Stage 1?

Yes, because this threshold decision potentially undermines the prosecution case and

assists the defence, this information should be disclosed to defence as they may wish

to appoint their own expert to review the material.

Document Title: Streamlined Forensic Reporting: Frequently Asked Questions Reference FCN-SP-MGT-GUI- 0005 FCN Pillar Science Pillar Version: 2.0 Document Owner: Director of Science Issue Date: 02 / 02 / 2022 Reviewed by: Deborah Sharp – Lead Scientist UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL

5. The status of related exhibits page shows the outcomes of the

other fingerprint exhibits. Do these relate to the other persons

of interest (POI) submitted at the same time as the POI that has

been identified?

No, the ‘status’ page results relate to the person named at the top of the SFR only.

Any results relating to additional POIs will be reported either in their own SFR (if

identified) or in line with your specific Bureau procedure (if excluded)

6. The other fingerprint identification outcomes reported are

‘excluded’, ‘inconclusive’, insufficient’ – what do these

outcomes mean?

• Exclusion - The opinion two areas of ridge detail were not made by the same

person

• Insufficient - The opinion an area of ridge detail is of such poor or low quality as

to render any comparison as unreliable or not suitable

• Inconclusive - The opinion that the level of agreement and/ or disagreement is

such that it is not possible either to conclude that the areas of friction ridge

detail originate from the same donor, or to exclude the particular individual as a

source for the unknown impression

7. I don’t think the identified mark is the most evidentially valuable

to the case, what should I do?

Look at the status page and see what the reported outcome of the other marks in the

case is. If excluded, inconclusive or insufficient is reported then the identified exhibit is

the only identified mark. If the outcome is ‘not progressed’ or ‘not compared’, contact

the author of the SFR at the Fingerprint Bureau and request additional comparison

work against the other mark/marks in the case.

8. Can the author of the MG22A or MG22B (SFR1) report be warned

for court?

No, the MG22A is a forensic information report and the MG22B is a summary of the

evidence and neither is a statement nor an expert’s report of the type that needs to

comply with Crim PR 19.4. As such, they are not admissible except where an MG22B

is accepted as agreed fact. The author may only be reporting the findings and may not

be the person who has conducted the examination. Therefore, they may be unable to

testify as to the process or accuracy of the conclusions at court.

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

Document Title: Streamlined Forensic Reporting: Frequently Asked Questions Reference FCN-SP-MGT-GUI- 0005 FCN Pillar Science Pillar Version: 2.0 Document Owner: Director of Science Issue Date: 02 / 02 / 2022 Reviewed by: Deborah Sharp – Lead Scientist UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL

Should the underlying reason for an author being called to court on production of an

SFR1 be a ‘no comment’ by the defence, then the information contained within the

SFR1 should be converted into an SFR2 format and submitted as evidence so that it

meets the requirements for court. This may remove the necessity for attendance of the

witness.

9. Defence have stated they do not accept the findings in the

MG22B report, what should I do?

The MG22B report states that, should there be a real issue in relation to the forensic

evidence, such that the defence cannot accept the findings, 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 report, as it is accepted that at this

point, they will not have the benefit of their own expert witness. The author of the

MG22B report should be notified of the issues the defence has raised and these will

then be specifically addressed in an SFR2 report.

10. Can I use the MG22B (SFR1) report to charge or at PTMH?

The MG22B (SFR1) is suitable for arrest, interview, charge and pre-trial management

hearings but is not suitable for trial if the defence disputes any of the findings.

11. Where multiple accredited methods are used how should these

be declared?

The author should select the appropriate declaration from the options listed in section

24 of the SFR Guidance document within the report. If the author declares any non-

compliance with the FSR Codes at SFR 2 stage, the Annex B Mitigation Table should

also be produced. If declaring accreditation, it is a requirement that any results that are

not accredited are clearly identified within the report.

12. What should I do if a case builder or investigating officer has

requested a full statement following receipt of an MG22A or

MG22B prior to any engagement with the defence?

Case Builders and Investigators should be reminded that SFR is a court case

management tool. The intention is to reach an agreement of the findings, so that they

can be admitted as fact, or alternatively, to enable the defence to identify the real

issues for trial.

Production of an MG22C, MG22D or MG11 should only be requested where contested

issues have been put forward, and/or the contents of the MG22B have not, or cannot,

be accepted.

Document Title: Streamlined Forensic Reporting: Frequently Asked Questions Reference FCN-SP-MGT-GUI- 0005 FCN Pillar Science Pillar Version: 2.0 Document Owner: Director of Science Issue Date: 02 / 02 / 2022 Reviewed by: Deborah Sharp – Lead Scientist UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL

13. CPS will request an MG22C (SFR2) regardless of the process in

place based on the defence providing no response or challenge.

In what circumstances should this request be actioned?

It will depend at what stage the case has reached within the court system – if the trial

is imminent then an MG22C (SFR2) should be completed if there is a risk that critical

scientific evidence cannot be used in the trial, or the case may be discontinued as a

result. If there is no urgent requirement as above, the CPS should be contacted and

asked to establish, from the defence, what issues they are raising.

14. When using the mitigation table at stage 2, do you need only

declare an unaccredited method that is part of the SFR

response?

Declarations should only refer to the results/methods referred to in the report you have

provided, with the mitigation table.

15. Can the ‘Seizing Officer’ box be left blank if it is unknown, not

relevant or if multiple Officers have seized the relevant exhibits?

Yes, there will be cases where the seizing officer is not relevant, there may be multiple

seizing officers, or the officer is unknown at the time at writing, so it can be left blank

where necessary.

16. Can the ‘Relates to (person)’ box be left blank, for example, if

there has been a drugs raid at an address and there are multiple

suspects but the submitted exhibits are not specifically linked

to any one individual at the point of examination?

Yes, although relevant details should be added on every occasion where possible.

17. The Report Number box is no longer present. How should you

refer to the fact the report is further to a previous report?

This box has been intentionally deleted as it has the potential to cause confusion when

there are multiple reports relating to the same suspect, issued by different forensic

disciplines / service providers working independently (and all starting at report #1).

Each SFR report should be a stand-alone document. If there is a need to link two or

more SFR reports together to formulate conclusions, a full evidential statement may be

more appropriate.

18. Is the ‘Range of Opinion’ declaration paragraph only required for

fingerprint SFRs?

It is available for any forensic discipline, but the wording can be amended as

appropriate (or deleted) depending on the evidence type.

Document Title: Streamlined Forensic Reporting: Frequently Asked Questions Reference FCN-SP-MGT-GUI- 0005 FCN Pillar Science Pillar Version: 2.0 Document Owner: Director of Science Issue Date: 02 / 02 / 2022 Reviewed by: Deborah Sharp – Lead Scientist UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL

19. Why is the SFR Process dictating the way I declare accreditation

and become so complicated?

The SFR Process has been designed to enable compliance with the FSR Codes and

UKAS requirements. The FSR Codes and UKAS dictate what is required in terms of

accreditation/FSR Codes declarations. In recent years, there has been a significant

change to the requirements around declaring accreditation/compliance to the FSR

Codes, which has resulted in a significant reactive change to the SFR Guidance. The

requirement set by the FSR and UKAS apply to all report types not just SFR.

20. If an organisation is accredited but a method used does not need

to be accredited (e.g. an infrequent method) which declaration

be used on the MG22B?

The options listed in section 24 of the SFR Guidance document will assist with

selecting a compliant option for declaring this. However, it is acknowledged that not all

specific scenarios can be covered by the generic guidance provided in section 24 of

the SFR Guidance and there may be a need to adapt the declarations in some

circumstances. In this specific example, if the infrequent method is not accredited and

there are no other results contained within the report that are accredited the following

declaration is a suggested option that could be used based on section 24 of the SFR

Guidance but adapted for this specific example – ‘The accreditation deadline stated in

the FSR Codes of Practice and Conduct has passed for the results provided in this

report. However, these results originate from an infrequently used method, meaning

that according to the FSR Codes there isn’t a requirement for these results to be

accredited. The results contained within this report are not UKAS accredited.’

21. In the section entitled ‘Status of Related Exhibits’ on the MG22B,

is there a requirement to list all exhibits here, even those

detailed in the main results section?

This is not always necessary, although it can be used to disclose additional information

about exhibits described in the main results section, particularly where this may

undermine the prosecution or assist the defence.

22. In the section entitled ‘Status of Related Exhibits’ on the MG22B,

do you need to list every exhibit submitted for that evidence type

in the entire case? For large cases with multiple submissions

this could be a huge number of exhibits

No, it is only a requirement to list the exhibits submitted for examination at the same

time as those detailed in the main results section.

23. The MG22B does not include the role of the person producing

the report. Should this be added under name?

No, it is sufficient to state the name and organisation. However, for some disciplines, it

has been accepted that the name of the author will not be included on an MG22B and

Document Title: Streamlined Forensic Reporting: Frequently Asked Questions Reference FCN-SP-MGT-GUI- 0005 FCN Pillar Science Pillar Version: 2.0 Document Owner: Director of Science Issue Date: 02 / 02 / 2022 Reviewed by: Deborah Sharp – Lead Scientist UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL

in this case, the role will often be included as an alternative. Should the case progress

to SFR2, then qualifications and experience are required.

24. On the MG22C, where should the response to the defence

issue(s) be written?

The response should be provided immediately after the issue. Examples are provided

to demonstrate this.

25. Does a CSI have to provide an MG22A or can local processes

determine how findings are reported?

The use of the MG22A for CSI's is optional and local established procedures can be

used to ensure Officers are signposted to relevant Information.

26. Should a CSI only provide the MG22A if required rather than

automatically completing one when a number of investigations

are not progressed therefore making the completion of the

MG22A and MG22D unnecessary?

In terms of the MG22A, local Force procedures can be adopted, and this does not

necessarily have to involve automatic production of an MG22A report following every

scene attendance. However, the MG22D should only be provided to respond to

identified issues that have been raised by the defence.

27. When is it appropriate to request the MG22C (SFR2)?

The MG22C is produced when any scientific findings, upon which the prosecution

intend to rely, has not been admitted as fact. This can include occasions when:

• the suspect offers an alternative explanation and the scientist is required to

consider this;

• the suspect/defence team do not accept the evidence on the MG22B, even if

they do not clearly outline why;

• The scientist is required to give evidence in court.

In some circumstances, particularly if the issues under discussion are complex or there

is evidence relating to more than one individual, it may be deemed that an MG

statement would be a better format to report the evidence.

28. If a CSI writes only an MG22A, how can their photographs be

introduced as evidence?

Photos can be exhibited and introduced using the MG22D. An example of this is

provided in the CSI section.

Document Title: Streamlined Forensic Reporting: Frequently Asked Questions Reference FCN-SP-MGT-GUI- 0005 FCN Pillar Science Pillar Version: 2.0 Document Owner: Director of Science Issue Date: 02 / 02 / 2022 Reviewed by: Deborah Sharp – Lead Scientist UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL

29. What is SFR for Fire?

The SFR process has been approved by the NFCC as a method of recording the

outcome of Tier 2 Fire Investigations. SFR is only for deliberately caused fire where

the findings of the Tier 2 Fire Investigator will enter/be used in the Criminal Justice

System.

30. Will my Police Force be aware of the SFR process and suite of

forms?

SFR is already fully embedded into the investigation processes for all forces. There will

be directed communications sent out to inform relevant parties that SFR is now an

approved discipline for Fire Investigation.

31. What happens if the Police want information about a Tier 1 Fire

Investigation (small fire, shed, fence, car)?

The Tier 1 investigator would have recorded the investigation outcome in the National

Incident Recording System (IRS) and that report can be shared with the Police. If

further information is required then a Police Officer would need to meet with the Tier 1

investigator and take a formal statement (MG 11). Some services may have a process

where MG 11’s are completed in house and then sent to Police.

32. When is a Fire MG22A form required?

An MG22A form must be completed for all deliberate outcome fires attended by a Tier

2 Fire Investigator, if an Inconclusive outcome is reached then the MG22A will still

need to be completed and sent to Police as further investigations will most likely be

taking place.

33. When is a Fire MG22B form required?

An MG22B is required when a person is in Police Custody for their part in the fire

being investigated or on the request of a Police Officer as the crime is being actively

pursued and charging is likely.

34. When is a Fire MG22C form required?

An MG22C is required at the request of the Police or CJS but only in response to

specific issues raised as a result of the production of the MG22B.

Document Title: Streamlined Forensic Reporting: Frequently Asked Questions Reference FCN-SP-MGT-GUI- 0005 FCN Pillar Science Pillar Version: 2.0 Document Owner: Director of Science Issue Date: 02 / 02 / 2022 Reviewed by: Deborah Sharp – Lead Scientist UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL

35. Do I need to provide the Coroner with an MG22A?

No, the scope of the SFR process does not cover Coronial cases. FRSs will still be

required to complete detailed reports for the Coroner on request.

36. What do I do if the scene examination lasts several days?

You can complete and submit an interim MG22A if required and then on the

conclusion of the fire investigation submit a final MG22A.

37. Who will provide the occurrence or crime numbers for the MG

series of forms?

The investigating officer or the Crime Scene Investigator should have these reference

numbers to pass onto you at the scene.

38. Where do I submit the initial MG22A to?

This will be force dependant as it may be direct to the investigating officer or to a

central e-mail address for police teams such as Crime Management or Criminal

Justice. Check with your local forces for how they wish to receive the forms.

39. Why does the Fire Investigation Dog handler only complete a

MG22A?

The Fire Investigation Dog is only used as an indication of accelerants. An MG22A is

completed on each deployment whether the indication is negative or positive. Any

exhibit would be recovered from the scene by a CSI or scientist and would be

submitted to an FSP if required and any subsequent reporting outcome from the FSP

would be on an MG22B.

40. Do we need to use the MG22A External Agencies form?

No. The report form should be used for instances whereby the Fire Investigators report

findings to outside agencies such as insurance companies. It complements the Police

use of the MG22A and so standardises further the reporting procedure. It also saves

time for Fire Investigators as it is the same information as completed on the Police

MG22A. It does however, contain no Police information such as crime, incident or

occurrence numbers, etc.

Document Title: Streamlined Forensic Reporting: Frequently Asked Questions Reference FCN-SP-MGT-GUI- 0005 FCN Pillar Science Pillar Version: 2.0 Document Owner: Director of Science Issue Date: 02 / 02 / 2022 Reviewed by: Deborah Sharp – Lead Scientist UNCONTROLLED WHEN PRINTED OR ELECTRONICALLY SHARED OUTSIDE THE FCN Please always refer to the FCN Quality Management System for latest versions OFFICIAL

41. Supporting Documentation

List of all supporting documentation referred to within this document:

Document name Document reference)

National Guidance for SFR FCN-SP-MGT-GUI- 0003

Supplementary technical Notes for Biology Casework SFR FCN-SP-MGT-GUI- 0004

SFR MG22A January 2021 SFR MG22A

SFR MG22B January 2021 SFR MG22B

SFR MG22C January 2021 SFR MG22C

SFR MG22D January 2021 SFR MG22D

SFR Annex A - Expert Witness Declaration June 2021 SFR Annex A

SFR Annex B - Mitigation Table January 2021 SFR Annex B

SFR Annex C - Expert Witness Self Certification January

SFR Annex C

SFR Annex D - Disclosure Schedule January 21 SFR Annex D