§ Lord Lester of Herne Hillasked Her Majesty's Government:
What standards are prescribed for fingerprint identification to he used in evidence in criminal trials. [HL2699]
§ Lord RookerThe current standard prescribed for fingerprint identification is the non-numerical system which was introduced from 11 June 2001. This was after extensive consultation with the Lord Chancellor, the Attorney-General and other criminal justice system stakeholders.
Although there is no set numerical standard to be satisfied before experts make a decision that a mark or impression left at a crime scene and a fingerprint were made by the same person, there are objective criteria which must be satisfied and must be capable of demonstration, eg in a court, before any such decision 173WA is made. There are also prescribed verification procedures which must be adhered to at all times before that decision is communicated to an investigating police officer and eventually to the courts.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
What qualifications are prescribed for individuals to become fingerprint examiners for the purpose of giving evidence of identity in criminal trials. [HL2700]
§ Lord RookerAll fingerprint experts commence their training with a foundation course of four weeks. They then need to complete five modules which should normally be completed within 12 to 18 months and are followed by a short assessment. Twelve months later, after a consolidation of skills and work experience on the job, they attend a two-week advanced course in which the emphasis is on court presentation and preparation of evidence. Even after the advanced course has been passed successfully, which is usually not less than three years after entering the training programme, the person will be permitted to attend court to give expert testimony only with the approval of their head of fingerprint bureau and chief constable.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they consider that the determination that a fingerprint examiner makes when comparing a latent fingerprint with a known fingerprint for the purpose of establishing identity in criminal proceedings is a subjective determination in that no objective standard has been scientifically tested and no subjective process has been objectively tested; and. if not, what is the objective standard that is applied. [HL2701]
§ Lord RookerIn determining whether or not a latent mark or impression left at a crime scene and a fingerprint have been made by the same person, a fingerprint examiner must apply set criteria in carrying out their comparison. The criteria are objective and can be tested and verified by other experts. It is the method which is of universal application by practitioners on behalf of either prosecution or defence, and has been in use from the first application of fingerprint/mark identification. Once the first fingerprint examiner has reached a conclusion that the mark or impression at the crime scene and a fingerprint have been made by the same person, that decision is subject to verification by two other fingerprint experts before the investigating officer is informed of the result. Any identification evidence presented in court will have been subject to these procedures.
Instructing solicitors or barristers representing defendants can and regularly do ask that finger identification evidence be subjected to scrutiny by nominated fingerprint experts from outside the Police Service. Details of those experts can be obtained from registers maintained by the Law Society, the Expert 174WA Witness Institute or through the services of private companies who undertake independent forensic examinations. This is an external examination of Police Service practice and procedures which has been on going for many years.