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Prelims

Karen McGregor Richmond (University of Copenhagen, Denmark)

Marketisation and Forensic Science Provision in England and Wales

ISBN: 978-1-83909-124-7, eISBN: 978-1-83909-123-0

Publication date: 14 November 2022

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Citation

Richmond, K.M. (2022), "Prelims", Marketisation and Forensic Science Provision in England and Wales, Emerald Publishing Limited, Leeds, pp. i-xii. https://doi.org/10.1108/978-1-83909-123-020221010

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Emerald Publishing Limited

Copyright © 2023 Karen McGregor Richmond

Half Title Page

Marketisation and Forensic Science Provision in England and Wales

Title Page

Marketisation and Forensic Science Provision in England and Wales

BY

KAREN MCGREGOR RICHMOND

University of Copenhagen, Denmark

United Kingdom – North America – Japan India – Malaysia – China

Copyright Page

Emerald Publishing Limited

Howard House, Wagon Lane, Bingley BD16 1WA, UK

First edition 2023

Copyright © 2023 Karen McGregor Richmond. Published under exclusive licence by Emerald Publishing Limited.

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No part of this book may be reproduced, stored in a retrieval system, transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without either the prior written permission of the publisher or a licence permitting restricted copying issued in the UK by The Copyright Licensing Agency and in the USA by The Copyright Clearance Center. Any opinions expressed in the chapters are those of the authors. Whilst Emerald makes every effort to ensure the quality and accuracy of its content, Emerald makes no representation implied or otherwise, as to the chapters’ suitability and application and disclaims any warranties, express or implied, to their use.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

ISBN: 978-1-83909-124-7 (Print)

ISBN: 978-1-83909-123-0 (Online)

ISBN: 978-1-83909-125-4 (Epub)

Dedication Page

This work is dedicated to my father, Gordon Black Richmond.

Contents

List of Abbreviations xi
Preface and Acknowledgements xii
Chapter 1: The Forensic Market 1
Introduction 1
Forensic Science Provision in England and Wales 3
Marketisation and Privatisation in England and Wales 4
Forensic Science Marketisation and Privatisation 5
Forensic Science Provision in Northern Ireland 8
Police Force Forensic Science Provision in the UK 12
Chapter 2: Forensic-Scientific Processes 17
DNA and Epistemological Privilege 17
Probability and Statistical Evidence in Criminal Proceedings 21
Standardisation through Probabilistic Evidence Techniques 22
The CAI Method 27
Chapter 3: Exploring the Forensic Field 33
Methods 34
Science and Technology Studies (STS) and Forensic-Scientific Knowledge 40
STS and Studies of Expertise and Experience (SEE) 47
The Common Origins of Law and Science 48
Auopoiesis and the Systems Theory of Interdisciplinary Knowledge 51
Chapter 4: The Commodification of Forensic Science 53
Chapter Summary 53
Introduction 54
Forensic Science Provision in England and Wales 55
Economic Rationalisation in the UK 56
The FSS: Transition and Closure 56
Restructuring and DNA Analysis 57
The Forensic Science Market 60
Procurement and the National Forensic Framework Agreement (NFFA) 61
The National Policing Improvement Agency (NPIA)/NFFA 64
Forensic Productisation – Implementation and Resistance 64
Triaging of Forensic Investigations 67
Conclusion 70
Chapter 5: Constructing Forensic Expertise 73
Chapter Summary 73
Pre-codification Forensic Analyses within the Public Sector 74
Triaging and the Privileging of DNA-profiling Techniques 75
Case Fragmentation and Quoting 78
Mixtures and Low-Template DNA 80
Commercialisation and the Restructuring of Forensic Expertise 83
Triaging and Forensic Science Provision in the Public Sector 88
The Contest and Communication Narrative – Silos and Transfer of Expertise 96
Interdisciplinary Theories of Expertise 97
Chapter 6: Swift and Sure Justice? 103
Chapter Summary 103
SFR and Abbreviated (or ‘Staged’) Forensic Reporting 104
Background: The Ministry of Justice (MoJ) Efficiency Programme 106
CrimPR 108
Supporting Case Law 109
SFR – Outline 110
Lawfulness of SFR Under the European Union (EU) Directives 125
Conclusion 128
Chapter 7: Objectivity – ‘The View from Nowhere’ 129
Chapter Summary 129
The Forensic Science Regulator (FSR) 130
FSR’s Regulatory Responsibilities: International Standards 131
Accreditation 131
Professional and Commercial Standards 132
Forensics Procurement Framework 132
Forensic Regulator’s Code of Practice and Conduct and Investigation of Complaints 132
Quality Assurance and Daubert Criteria 133
Regulation and the ‘Enhanced Daubert’ Criteria 136
Accreditation and DNA Profiling 137
DNA Profiling and the Declaration of ‘Non-compliance’ 137
Regulatory Objectivity 139
The Normative Basis of Forensic Science 145
Chapter 8: From Biological Substrate to Digital Analyte 147
Chapter Summary 147
Research Challenges: DNA Mixtures, Transfer, and Persistence 148
DNA Mixtures, Transfer, and Persistence 149
Summary of Conclusions 154
Standardisation 155
Expertise 156
Efficiency 157
Regulation and Autonomy 158
Contribution of this Study to the Literature 160
From Biological Substrate Towards Digital Analyte 160
References 163
Government Reports and Regulatory Guidance 164
Legislation and Cases 164
Index 165

List of Abbreviations

CAI Case Assessment and Interpretation
CJINI Criminal Justice Inspectorate Northern Ireland
CJS Criminal Justice System
DNA Deoxyribonucleic Acid
EGPS Early Guilty Plea Scheme
ERU Evidence Recovery Unit
FSNI Forensic Science Northern Ireland
FSP Forensic Science Provider
FSR Forensic Science Regulator
FSS Forensic Science Service
LCN-DNA Low Copy Number DNA
NDNAD National DNA Database
NIDNAD Northern Ireland DNA Database
PSNI Police Service of Northern Ireland
RMP Random Match Probability
SFR Streamlined Forensic Reporting

Preface and Acknowledgements

The boundaries between this book and my ongoing research are not so rigidly demarcated that I can easily list those to whom I owe thanks. It would not have been possible without the engagement of staff at Edinburgh, Strathclyde, and Dundee, universities in Scotland, and research projects within the Leverhulme Research Centre for Forensic Sciences, Technical University Graz, and my current institution, iCourts (the Danish National Research Foundation’s Centre of Excellence in International Courts, University of Copenhagen). I am grateful for their encouragement.

Special thanks, however, are due to Dame Professor Sue Black, Vice Chancellor at Lancaster University and Senior Member of the Royal Society of Edinburgh, for setting me on the right track; to Professor Nicolette Priaulx of Cardiff University for her continued inspiration; and to Professor Mikkel Jarle Christensen of University of Copenhagen, for opening new doors.

For their enduring interest, and enthusiastic participation in my research, I am grateful to: the Royal Society, the Royal Society of Edinburgh, Her Majesty’s Inspectorate of Constabulary, the United Kingdom Accreditation Service, the Crown Prosecution Service, the Metropolitan Police, and the Office for the Forensic Regulator. Thanks also to the Scottish Police Authority, Scottish Institute for Policing Research, and the Faculty of Advocates. Greatest thanks are due to the staff of the forensic science providers in all four corners of the UK for sharing so freely of their time and expert knowledge.

I am likewise grateful to fellow doctoral students, researchers, and academics for the encouragement and engagement they offered, having enlisted their help in reading – and commenting on – early drafts and research papers. Thanks also to the Institute for Advanced Legal Studies, the Law and Society Association, the Socio-Legal Studies Association, the Chartered Society of Forensic Sciences, and the Society of Legal Scholars, for helping me to disseminate my research. And I owe a special debt to all those who took an interest in this project and who attended workshops and conferences to hear me speak about the results of my research.

The greatest thanks must go to my father, Gordon Black Richmond, who passed away before this book could be published, but who never doubted my potential, and whose hard work, resilience, and faith continue to inspire me. This work is dedicated to him.

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