Introduction of the Non-Numeric Standard for Presenting Fingerprint Evidence in Court
04 September 2006
The Scottish Fingerprint Service (SFS) will today introduce a new approach to the way in which fingerprint evidence is presented in Scottish courts.
The introduction of the non-numeric standard is one of the key commitments delivered under the Scottish Fingerprint Service Action Plan for Excellence, which was published in April 2006.
The key benefits of the non numeric standard are:
- Fingerprint evidence will now be presented in court on every occasion where identity is established
- The fingerprint expert will be able to offer a fuller explanation of how they arrived at their conclusion by discussing all the features revealed rather than simply focusing only on the number of points. This will be more easily understood by the court and where appropriate the jury
- The court will be able to consider all the information presented to it and make an informed decision on the identification
- All fingerprint evidence will be presented across Scotland in a clear and consistent style of reporting agreed with the Crown Office and Procurator Fiscal Service.
The non-numeric standard is a widely established system that has operated internationally for many years. It was adopted in England and Wales in 2001.
Deputy Chief Constable David Mulhern, Interim Chief Executive of the Scottish Police Services Authority announced:
"The introduction of the non-numeric standard today, as part of the Scottish Fingerprint Service Action Plan for Excellence, demonstrates a continuing commitment to improvement and to ensuring the highest professional standard with regard to the presentation of fingerprint evidence.
"Since the creation of the SFS in 2001 we have worked to fully satisfy a number of criteria considered vital in respect of this more qualitative based system. These include the training, certification and competency testing of fingerprint experts, the establishment of robust quality assurance regimes as well as the need for stakeholder consultation.
"Through a process of continuous improvement all of these key elements have now been put in place and we are confident that we are now delivering the processes, procedures, and quality management systems which underpin this standard."
The move to the non-numeric standard is supported by the Scottish Executive and Justice Minister Cathy Jamieson said:
"Expert witnesses have a crucial role in the modern justice system. It is important that the courts are able not just to hear their conclusions, but to understand and scrutinise the reasons for those conclusions. The move to the non-numeric standard, which is already in place in other jurisdictions, will enable a better understanding of fingerprint evidence in Scottish courts.
"This is an important enhancement in the way in which fingerprint evidence is presented in Scottish courts. It has required a great deal of careful preparation and training, taking account of the observations of reports such as those prepared by HMIC. I commend the staff who have embraced this development. It will contribute to securing world-class status for the Scottish Fingerprint Service and is an important step in the delivery of the Scottish Fingerprint Service Action Plan for Excellence."
Chief Constable Ian Latimer, President of the Association of Chief Police Officers in Scotland said:
"ACPOS warmly welcomes the introduction of the non-numeric standard. The move from the numeric to the non-numeric standard will continue to follow the same key principles currently applied by our Scottish fingerprinting experts. However, the experts will not be constrained by numerical thresholds when presenting evidence but will use the unique information available when comparing and evaluating impressions, with the emphasis placed on the quality of the mark rather than the number of points of comparison yielded.
"I am sure this will further enhance the professionalism and expertise of fingerprinting in Scotland."
The Lord Advocate, Lord Boyd of Duncansby QC, said:
"The introduction of the non-numeric fingerprint standard for examination and reporting of fingerprint evidence in Scotland, will assist criminal courts to reach informed decisions on fingerprint evidence presented before them.
"The non-numeric standard is consistent with the approach that has been adopted in other jurisdictions. It was introduced successfully in England and Wales in 2001, and is also used in Canada, America, certain states in Australia, and widely throughout Europe.
"I am confident that the work carried out by the Scottish Fingerprint Service, following various HMIC reports and recommendations, has ensured that the appropriate processes and procedures are now in place to operate the non-numeric standard."
Bruce Grant, Head of Counter Terrorist Forensic Investigation for the Metropolitan Police said:
"Prior to the introduction of the non-numeric standard in England and Wales in June 2001, the 16 point standard had no basis in law, logic or science and indeed had been subject of review and amendment during the course of its existence. The admissibility of fingerprint evidence which did not meet the16 point standard had been considered on numerous occasions by the Courts in England and Wales, including the Court of Criminal Appeal. Theyruled that the question of admissibility is a matter for the Court to determine.
"Fingerprint evidence, like all forensic evidence, is a matter of professional judgement and opinion on the part of the expert. Fingerprint experts do not reach a conclusion by counting the number of ridge characteristics, they identify fingerprints and finger marks by a process of analysis, comparison and evaluation of all friction ridge features."