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17 April 2008
Issue: 7317 / Categories: Legal News , Expert Witness
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Controversial DNA technique given thumbs-up

News

Low Copy Number (LCN) DNA testing is “scientifically robust” according to an independent review, despite the misgivings of scientists and lawyers.
Brian Caddy, professor in forensic science at Strathclyde University, who led the government-commissioned review, said the technique, which draws DNA profiles from microscopic amounts of material, was “fit for purpose” in court.

However he makes 21 recommendations, including setting national standards for forensic training crime scene recovery equipment. He says profiles obtained using the technique should be presented to juries with caveats, and that an advisory panel should guide courts on how to interpret LCN evidence.

The government commissioned the review into the technique after the collapse of the Omagh bombing trial (R v Sean Hoey) in December.
Forensic experts using the technique had wrongly identified a 14-year-old boy from Nottingham (aged six at the time) as having planted the bomb.
The judge in the trial, Mr Justice Weir, expressed doubts about LCN’s “reliability as an evidential tool”.

The Crown Prosecution Service  suspended the use of LCN but has since reinstated it as potentially admissible evidence.
However, Professor Jamieson of the Forensic Institute, an expert witness in the Omagh bombing trial, claims the technique can lead to mistakes. “The samples are too small to be reliable, and there is no way of knowing how the DNA got there.”

Issue: 7317 / Categories: Legal News , Expert Witness
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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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