HC Deb 13 February 1984 vol 54 cc6-7W
Mr. Ashley

asked the Secretary of State for the Home Department how often in the last 10 years a judge has made a criticism, either major or minor, of the evidence given by a forensic scientist from his Department; and if he will list the occasions, giving in each case the names of the judge, the forensic scientist and the defendant; and what action was taken by his Department following the criticism.

Mr. Brittan

This information is not available.

Mr. Ashley

asked the Secretary of State for the Home Department whether it is his Department's policy for a Home Department forensic science laboratory to give, on request, an opinion to the defence on a specimen originally submitted by the police on which an opinion has already been given to the Crown for the use of the prosecution.

Mr. Brittan

The forensic science service provides independent scientific reports and statements on the results of examinations. The standard of work is monitored by means of a quality assurance system. In these circumstances "second opinions" are not provided, but in guidance to the police my Department has stressed that the results of any examination by a forensic science laboratory should be made available to the defence where such results may have any bearing on the case.

Mr. Ashley

asked the Secretary of State for the Home Department on how many occasions in the last four years for which records are available he has permitted two forensic scientists from a Home Office Department laboratory to appear as opposing witnesses, one for the prosecution and one for defence, in a court case.

Mr. Brittan

My permission is not required. With the exception of the hearing in the case of Mr. John Preece in the Scottish High Court of Justiciary in 1981, I am not aware of any case in which Home Office forensic scientists have appeared as opposing witnesses.

Mr. Ashley

asked the Secretary of State for the Home Department if he will revise his Department's procedures so that any convicted person who appeals or petitions him for a review should, if requested, have made available to him or his solicitors, the full text of the original forensic science evidence provided by his Department's forensic scientists to the prosecution.

Mr. Brittan

I should be prepared to agree to such a request if the original report contains information, having a bearing on the case, which has not previously been disclosed to the defence.

Mr. Ashley

asked the Secretary of State for the Home Department whether it is his Department's policy to allow the defence to submit a specimen to a forensic science laboratory for examination without any disclosure of information to the police or the Crown; and whether steps are taken to ensure the confidentiality of any submission by the defence whilst it is examined in a forensic science laboratory.

Mr. Brittan

The long-standing arrangements for the examination of an item at the request of the defence are set out in paragraph 1.17 of the Home Office consolidated circular to the police on crime and kindred matters, a copy of which is in the Library of the House.

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