Closure of the Forensic Science Service – will this affect your case?
The imminent closure of the Forensic Science Service (FSS) has been widely publicised. Although last year’s closure of FSS laboratories was barely noticed by criminal defence solicitors, this will not be the case as the FSS closes its doors forever.
During the last twelve months, as their laboratories in Chorley, Chepstow and Birmingham closed, the FSS were able to accommodate defence examinations in their remaining laboratories. In October 2011, however, the FSS advised police forces across England & Wales that it was no longer providing laboratory facilities to host defence examinations, and that examinations would need to be accomodated in appropriate facilities provided by the police or the police force’s new forensic services supplier. As an alternative, we can complete examinations in our laboratories.
For those criminal defence solicitors with cases in which the prosecution forensic work was undertaken by the FSS, extra time will need to be factored in to arrange the defence examination. Our recent experience is that progressing work in FSS cases requires answers to the following questions before the examination can proceed:
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Where will the examination take place?
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Where is the FSS case file and how will this be made available?
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Can the exhibits be released to KBC?
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Who at the police force's new provider should we contact to make arrangements?
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Will there be costs incurred for using the new provider's facility and who will bear them?
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Do any retained materials such as microscope slides or fibre tapings need to be returned for the defence examination and how will they be made available?
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What travelling costs will be incurred (as these will not be known until we can identify where the examination is to take place)?
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To whom does CPS need to grant its permission for our examinations?
Should you choose to instruct us in such cases, we will advise you at the earliest opportunity of the steps to take to minimise disruption in the progress of your case and we will keep you up to date throughout. Although this issue will disappear as the new forensic providers take up the FSS work, as the FSS had an estimated 60% market share, we envisage that the handover period will persist throughout 2012.
See also our earlier article on the implications of the closure of the FSS here.
