Review of Resource Needs in the

Forensic Science Laboratory and

the Wider Scientific Context in Ireland

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CONTENTS

Preface3.

Section 1.Introduction, Key Recommendations and

Findings4.

Section 2.Background and Current Status of the Laboratory12.

Section 3.Resource Needs of the Forensic Science Laboratory

(Current Functions)18.

Section 4.Resource Needs of the Forensic Science Laboratory (Introduction of the DNA Database) 27.

Section 5.Non-staff Resource Requirements31.

Section 6.Liaison with An Garda Síochána32.

Section 7.Enhancing links with Academic Science and

the promotion of forensic science38.

Appendices

Appendix AEstimate of Sample Throughput in the

proposed DNA Database42.

Appendix BModel of Staff Required to process

DNA Samples45.

Appendix CBreakdown of non-staff costs associated

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with DNA Database48.

PREFACE

Based on my experience as director of the Swedish National Forensic Science Laboratory during 18 years and my extensive experience from international co-operation over a number of decades, I have noted the following significant changes in the field of forensic science, which are of direct relevance to this Review.

The demand for forensic science continues to increase. Not only have the number of cases in traditional fields increased, but also an abundance of cases relate to new areas. New analysis possibilities, such as DNA analysis, have come into use and instrument techniques have improved markedly resulting in improved possibilities to obtain forensic evidence. Some entirely new areas are also emerging. The most important are forensic investigations concerning computers and environmental crime. The intelligence potential of forensic results have also been realised in a number of countries.

These developments have put more pressure on the forensic science laboratories to keep up. It is not enough to broaden the investigative areas and to keep the same efficiency with increasing case numbers. The laboratories have to rationalise their operations by working more cleverly and to learn from industry and other areas of society and invest in modern tools of logistics, automation and computer support. The emphasis has been moved from scientific investigations to professional production using tools like quality and competence assurance to ensure that a high scientific standard is maintained. It is also increasingly accepted by financing bodies that demand for more production necessitates more personnel.

Concerning FSL, my Review concludes that the laboratory is well prepared to take the steps needed to follow these development trends, but it has been seriously hampered by the very apparent discrepancy between the demands put on the laboratory and the available personnel.

It has also been recognised that the developments in forensic science affect all involved in the forensic science process from the scene of crime to the court proceedings. From my experience one can infer that the best value is obtained from forensic science laboratories when the whole justice system is well acquainted with the area. There is a need for more forensic awareness at all levels of the police crime investigation organisation, the prosecutors, defence lawyers and the courts. Especially important is that the co-operation between the police and the laboratory is improved. To make possible rationalisation at the laboratory the computer systems of the police and the laboratory have to allow for a direct exchange of information using secure communication channels. Moreover there has to be a tight co-operation in important cases. More generally, the police and the laboratory have to develop a common strategy for the forensic science area.

Professor Ingvar Kopp

5 April, 2007

1Introduction, Key Recommendations and Findings

1.1Background

As part of a series of anti-crime measures instituted by the Government in December, 2006, the Tánaiste appointed Professor Ingvar Kopp to carry out an immediate review of the resource needs of the Forensic Science Laboratory and the wider scientific context in Ireland[1].

To assist Professor Kopp in his work a steering group was also put in place, comprised of Dr. Sheila Willis, Director Forensic Science Laboratory, Professor David J. McConnell, Professor of Genetics at Trinity College Dublin, Detective Chief Superintendent Noirín O’Sullivan and Doncha O’Sullivan, Department of Justice, Equality and Law Reform.

1.2Detailed Terms of Reference

The purpose of this review was to provide for an external and expert assessment, by reference to best international practice, so as to ensure the Laboratory is in a position to provide a world-class service into the future.

Then specific terms of reference were to;

  • Carry out an assessment of the resource needs of the laboratory, taking into account the impact of increased Garda activity and the needs arising from the anticipated establishment of a national DNA database. In doing so consideration will be given to staffing numbers and structures, IT and other equipment needs as well as the Laboratory's internal governance arrangements generally.
  • Examine the scope for improved liaison with An Garda Siochana
  • Clarify issues concerning use of evidence with legal stakeholders, mindful that the quality standards adhered to by the Laboratory are in line with international best practice.
  • Review means of promoting forensic science in Ireland including the scope for enhancing academic links and undertaking joint research.
  • Produce a report for the Tánaiste’s information by end March, 2007.

1.3Working Methods and Information Gathering

Professor Kopp gathered relevant benchmark data from a range of private and published international sources. In addition, he carried out a number of information gathering visits to Irelandand met with the full Steering Group on 5 occasions. In addition, extensive bilateral meetings took place with the Director of the Laboratory and with other individual members of the Steering Group as necessary. The Steering Group also visited the Swedish Forensic Science Laboratory with Professor Kopp and reviewed in particular the DNA database operations in place there. Consultation also took place with the IMPACT and PSEU Unions who together represent the majority of technical and administrative staff at the Laboratory. Written submissions were also received from both unions.

1.4 Issues Outside Capacity of this Review

Professor Kopp found that a number of issues arose during the course of his examination which were very pertinent to the management and future of the Laboratory as well as to aspects of the terms of reference but which, in view of the limited timeframe and his own areas of expertise, he felt would be better addressed in subsequent discussions.

These issues include;

  • Certain detailed questions relating to grading and work management within the Laboratory itself, which could not be fully considered in the context of this report but which will require further examination, including of course discussion with staff representative bodies.
  • Specific proposals to improve awareness within the prosecutorial and judicial process of the role of forensic evidence, with particular relevance to forming realistic assessments of the potential evidential value of certain types of analyses.
  • The specification of the case management systems required to support an efficient DNA database and in particular to facilitate transfer of data between the Gardaí and the Laboratory.

1.5Overview, Chief Findings and Recommendations

The Review report commences by identifying certain pertinent developments in the field of forensic science generally and by providing an overview of the Forensic Science Laboratory’s current organisation and staffing (Section 2). This is followed by separate analyses of the demand for services, and consequent resource needs, of the Laboratory’s current functions (Section 3) and those arising from the introduction of a DNA Database (Section 4). Non-staff resource needs are also addressed (Section 5). This is followed by an examination of means by which liaison with the Gardaí can be enhanced (Section 6) and an analysis of means of strengthening links with academic science and promoting forensic science generally (Section 7).

The chief findings and recommendation of the Review are set out over;

Findings and Recommendations relating to the FSL’s Operations Generally

1.Based on comparison with the analysis carried out in an EU funded comparative study of productivity in forensic labs (QUADROPOL), the FSL compares well in terms of productivity with similar forensic science labs of good standing.

2.It is evident that a significant proportion of administrative and scientific time is taken up in meeting documentation requirements relating to the chain of evidence and, in particular, in attending Court to certify as to the chain of evidence. This is in marked contrast to the experience in Sweden and many other European countries where less resource intensive approaches to evidence management appear to be adopted, without any diminution in the effective rights of individuals. It is recommended that the Law Reform Commission or some other suitable body be charged with evaluating the practical impact of Irish law and practice in managing the chain of evidence and with studying the scope for less wasteful processes.

3.In the interim, it is recommended that the Gardaí and the FSL work together to improve the arrangements for handling of receipt and return of samples. In the medium term, IT solutions are required to facilitate more efficient transfer of data and case tracking between the two organisations.

4.The Laboratory is currently carrying a significant number of vacancies. Steps should be taken to accelerate recruitment of staff to approved levels. In the event that the staffing proposals below at point 8. are approved,specific arrangements should be put in place to ensure that the proposed recruitment can be achieved in the minimum timeframe.

5.FSL has in place effective quality control mechanisms and has achieved accreditation on a high proportion of its processes. The programme to accredit the remaining processes should be completed within the next three years. FSL should also move to incorporate competence assurance mechanisms,having regard to the model being developed by ENFSI and emerging best practice in this regard.

Findings and Recommendations Relating to demand for services and resources needs based on (a) current functions and (b) introduction of the DNA database

6.FSL has traditionally not had the resources to satisfy the forensic demand of the Gardaí. In particular, approximately 33% of all cases submitted between 2000 and 2006 were not reported on. Furthermore, there are good grounds for concluding that there is suppressed demand for certain FSL services, particularly in the areas of drug and DNA analysis. Finally, a number of areas are emerging where FSL should be providing a service but are constrained from doing so due to limitations on resources.

7.The consequences of the current inability to meet actual and suppressed demands are serious. Investigations and prosecutions which could benefit from forensic analysis are being deprived of additional insight and this has inevitable consequences in the fight against crime.

8.In order to meet the current unmet demand at total of 73 scientific staff are required (4 more than currently sanctioned). To meet conservative estimates of suppressed demand for DNA a total of 86 staff are required. 2 further staff would also be required to meet the demands for new services. An additional 3 administrative staff are required, primarily to ensure that cover is available in case reception when core staff are absent in Court or on leave etc. Demands on the Laboratory should be monitored carefully over time and steps taken to keep resources in line with actual needs.

9.The introduction of the DNA database will also require additional resources, on a phased basis. Initially, a team of up to 6 additional staff including at Deputy Director and IT Manager level should be appointed to develop implementation plans which would cover research & process development, procurement planning, system testing and liaison with the Gardaí and other stakeholders.

10.Once established, the DNA database will develop over time. A key factor will be the extent to which crime scene samples are submitted for DNA analysis. Assuming a relatively modest rate of submission initially, which would be in keeping with the international experience, the total staff required to operate the DNA Division within FSL would be 64 initially, of which 35 would be staff already within FSL, assuming the staffing is provided to meet the suppressed demand identified above. If a more aggressive programme of sample submission is implemented, additional staff will be required.

11.The scale of additional administrative support required above that recommended at 8. above will best be assessed following the preparation of a detailed implementation plan and after the extent to which automation in sample management has been fully explored.

12.The IT and other equipment costs of the DNA database have been tentatively estimated at in the region of€3m, with consumable costs in year one of approximately €1.5m, rising in line with the volume of samples tested. The Laboratory would also benefit from a more systematic approach to the replacement of major pieces of equipment generally.

Findings and Recommendations relating to liaison with the Gardai with particular reference to the implementation of the DNA database

13.A framework for utilisation of forensic services by the Gardaí should be put in place, incorporating mechanisms at the strategic, tactical and operational level. This would be governed by the Service Level Agreementbetween the Garda Síochána and the Laboratory, backed up by Regional Forensic Investigation Seminars, a quarterly Advisory Forum, Forensic Management Teams in major investigations and the institution of a Crime Scene Co-ordination unit.

14.As part of this approach, a forensic investigation and awareness training strategy needs to be delivered at various levels throughout the Garda and FSL organisations. Awareness raising should also be promoted more broadly within the criminal justice system with training, seminars, conferences etc. targeted at lawyers and members of the judiciary.

15.If the DNA database is to deliver the detection and prosecution benefits it promises, Garda processes must be developed to make the best use of this new tool. A significant degree of preparation will be required within Garda systems to achieve this and this work needs to be prioritised well in advance of the database coming on stream.

16.The implementation of the DNA database will also give rise to IT development needs within the Gardaí as well as within the FSL and, if anything, the needs within the Garda organisation will be more extensive. It is therefore essential that financial provision be made for these and that they be incorporated into Garda ICT planning generally.

17.It is recommended that an implementation team be established, comprised of the Department of Justice, Equality and Law Reform, the FSL and the Gardaí and tasked with putting in place an implementation plan for the DNA database by the end of 2007. This team should consult with all relevant stakeholders in the criminal justice system.

Findings and Recommendations relating to promotion of forensic science and undertaking joint research

18.The links between FSL and academic research should be strengthened through the creation of an academic partnership founded on the sponsorship by the Department/FSL of a lectureship, to be awarded to a candidate with an interest in forensics following a public competition. In light of the emergence of DNA as a central tool in forensic investigation it is recommended that the first such lectureship should be in genetics. This partnership arrangement would be complemented by promotion of joint research and internships.

2.Background and Current Status of the Laboratory

2.1Overview of international developments in Forensic Science management

Forensic science has become an increasingly important element in criminal justice systems throughout the world. The requirement for forensic evidence has growninternationally,causing the caseload of many laboratories to double or treble in recent decades. There has also been rapid development of new techniques and methods givingimproved possibilities to obtain forensic evidence. At the same time the demands on the laboratories from customers (mainly the police) and the financing bodies have risen. There is pressure to improve timeliness and provide more “science for money”.

There is also increased recognition that forensic science should be an integral part of the investigation and justice process. The work of a forensic laboratory does not only concern evidence for the courts but should also give impulses to the investigation process. The findings of the laboratory can often give valuable information that can assist the investigation or can be used as intelligence. Thus there is a need to improve the co-operation between the forensic science laboratory and the police and to improve the forensic awareness in all levels of the police.

With increasing pressures on the forensic scientists to produce more within shorter timeframes the risk of failure has increased. International best practice has been to manage this risk by introducing quality assurance systems and accreditation from appropriate external bodies. Many laboratories have also understood that with the increased demands and laboratory size there is also a need for competence assurance systems and important developments on this front are being championed by the European Network of Forensic Science Institutes (ENFSI)[2].

Another noteworthy area of development is the increased use of IT and automation in order to rationalise workflow and improve its quality. In several countries systems have been developed where the information from the crime scene and the police is transferred in digital form to the laboratory where all the analyses results and other laboratory information is added. The information that is pertinent for the laboratory report is transferred by the system to form a preliminary report that is amended by the expert. The report is sent in digital form with a digital signature to the police and can then be forwarded to the prosecutor and the court.

Automation has been introduced in areas where a large number of samples are analysed by the same method. Automation greatly limits the impact of human error in the analysis and has been especially prevalent in the areas of drug and DNA analysis.

During recent decades there have also been important developments in how forensic evidence is evaluated. A new approach has emerged, beginning in the UK but also spreading to manyother European countries, especially those having adversarial justice systems. The details of this new perspective are outside the scope of this review but in simple terms the new approach weighs the likelihood of a particular forensic result, based on stated hypotheses about the case, rather than in a supposedly ‘pure’ scientific vacuum. The significance of this approach, which is increasingly seen as giving more meaningful evidence, is that precisely because the analysis in not taking place in a vacuum, greater dialogue with all stakeholders in the justice system is necessary.