Forensic Tests Suspect : Shock Horror

In astonishing news, it turns out there's evidence of "manipulation" by some of the private companies set up following the privatisation of the Forensic Science Service. This from the BBC website:-

Drug driving cases dropped over forensics

Around 50 drug driving prosecutions have been dropped because original test results may have been "manipulated". More than 10,000 cases involving drugs - including violent and sexual crimes - may have been affected, according to the National Police Chiefs' Council. It looked into Randox Testing Services in Manchester after two men were arrested on suspicion of perverting the course of justice in February. Re-tests will have been carried out on 1,500 cases by the end of the year.

Lawyers for two people convicted over road deaths are now seeking to take their cases to the Court of Appeal. Concerns have also been raised about thousands of drug test results relied on by the civil courts to determine child custody issues and employment cases. A total of 42 police forces across the country sent data to the laboratory for testing. The National Police Chiefs' Council (NPCC) said that of the 10,000 cases that could have been affected, 75% were traffic offences, such as drug driving. Other cases included violent crime, sexual offences and unexplained deaths.

So far, retests on samples involved in sexual offence cases, violence or homicide have showed no change. James Vaughan, from the NPCC, said of 50 cases dropped that were due to go to trial, some were down to no sample being available to retest or the sample being insufficient in quality or quantity. Not every court was sympathetic to requests for proceedings to be adjourned, which in turn led to more cases being dropped, he added.

However, only 70% of the cases sent to the laboratory have been retested so far - which the council deemed the highest priority cases. The other retests should be completed by the middle of 2018. Potential data manipulation at a different facility, Trimega Laboratories, is also being investigated by Greater Manchester Police, according to the NPCC. In these incidents, child protection and family court cases could be affected.

Nick Hurd, the minister for policing, fire and criminal justice, said all tests carried out by Trimega between 2010 and 2014 are currently being treated as "potentially unreliable". He also said due to "poor record-keeping practices", it may not be possible to identify all the customers affected.

The Forensic Services Regulator said it had asked all major centres to carry out an audit of their cases to look at whether the issue was more widespread, but no evidence was uncovered. Gillian Tully, from the regulator, said: "If there was large-scale manipulation going on across the board I do expect it would have been found during that audit."

Nick Freeman, a solicitor who has defended clients who were inaccurately tested for drugs by Randox, said: "It's absolutely imperative that the public have total confidence in a thoroughly reliable forensic science service, because we need to be sure that the results that are produced are 100% accurate. "If they're not, innocent people are going to lose their children, be incarcerated, have their lives destroyed, on the basis of an entirely false premise."

Mr Hurd added: "The government recognises the seriousness of this issue and the potential impact on public confidence in the use of forensic science within the justice system. The senior judiciary are aware and government officials are working with the police to monitor the scale of the issue, as information emerges."

--oo00oo--

The full statement from the MoJ website:-

Forensic toxicology tests

Advice for those concerned about potentially unreliable forensic toxicology tests.

Introduction

The government has been made aware that the police are investigating potential manipulation of forensic toxicology test results at 2 private companies. The test results were used as expert evidence in England and Wales. We are unable to comment on the on-going criminal investigation. As a precautionary measure, we are currently treating test results from the laboratories of these 2 companies as potentially unreliable. Results from other forensic test providers are not believed to be affected. The information below gives examples of where toxicology tests may have been used as part of decision making.

We recognise the seriousness of this issue, and the concerns people who have used the courts may have about its implications for them. The information below is aimed at helping people understand where toxicology tests may have been used as part of decision making in court cases, and to guide them on the next steps.

Family cases involving decisions about children

Hair strand testing for drug and alcohol use was undertaken by Trimega Laboratories Limited between 2010 and April 2014.

Family court proceedings

These are cases where the court was asked to make decisions about a child’s upbringing and may have ordered a toxicology test to be carried out to help it make decisions. Court proceedings may either have been started by the local authority, by parents, or others. A local authority may have made an application to ask the court for an order, for example, to place a child into local authority care or under the local authority’s supervision. A parent (or other person) may have made an application, for example, for a child arrangements order (previously known as a contact or residence order) or special guardianship order.

If you believe that a test by Trimega was carried out in your case and may have materially affected the decisions made in respect of your child(ren), you can:

• contact your local authority
• contact your original solicitor from the original court proceedings

You may also wish to seek legal advice about other options available to you. A legal adviser will be able to tell you about the merits of making any application to the court. Legal Aid may be available to you. Individuals will continue to be assessed for their suitability for legal aid on a case-by-case basis.

Court staff are unable to give legal advice, which includes advice on what type of application you should make and the likelihood of any application being successful. Organisations like Citizen’s Advice may also be able to provide you with assistance.

If you are concerned that the final order made by the court in your case was affected by an unreliable test result you can ask the court to consider changing or setting aside that order.

Local authorities may also have requested tests as part of their decision-making before court proceedings. Local authorities have been asked to review their files to ensure that the basis of decisions about children’s safety and wellbeing is not now questioned.

I want the court to review my final order

If you wish to ask the court to change or set aside your order(s) you can complete a special form C650 ‘Application notice to vary or set aside an order in relation to children’ that has been created specifically for this purpose. The form and any attachments can be sent by e-mail or by post. Details are provided in the form. No fee will be payable if you use this form.

The availability of this specifically created form does not prevent you from making any other application to vary, discharge or appeal your order, that you may wish, or be advised, to make. The relevant court fee will be payable for any other type of application.

Criminal prosecutions and coroners’ cases

These are court cases where Randox Testing Services carried out testing of blood, urine, and other bodily samples for drugs on behalf of the police between 2013 and 2017. Potentially affected cases are being reviewed on a case-by-case basis by individual police forces and the Crown Prosecution Service (CPS). Where it is possible to do so, samples are being re-tested. Priority is being given to cases where individuals are in custody or where court proceedings are on-going. Members of the public do not need to take any action at this time. Those affected will be contacted by the police or CPS in due course.

A similar approach to independent re-testing is being applied to cases which have been referred to the Coroner, in particular following an investigation by the police into a suspicious death. Coroners are reviewing potentially affected cases and will consider the outcome of any re-testing and what steps need to be taken. Members of the public do not need to take any action at this time. Anyone affected by this will be contacted by the coroner’s office in due course.

Civil cases

There is no information that any civil case is affected. However, if you were involved in proceedings where expert evidence following hair strand testing for drug or alcohol use was relied on, and you are concerned, you may wish to obtain legal advice about the available options either from a solicitor or an organisation like Citizen’s Advice.

Other types of cases

If you believe forensic laboratory testing for drug or alcohol use has been undertaken by either of these laboratories (Trimega or Randox Testing Services) which have not resulted in court proceedings as set out above, you should contact the party who commissioned the test and may wish to consult a legal adviser, your union or professional body or an organisation like Citizen’s Advice about the options available to you.

If you have any questions which have not been addressed above about the court process, and do not fall within the remits of legal advice, you can send these by email to forensictesting@justice.gov.uk.