Adam Scott - matters arising

The recent report by the England and Wales forensic science regulator into the case of Adam Scott, a  teenager charged with rape on the basis of unreliable DNA evidence, raises  concerns about a number of issues; justice, the reliability of forensic evidence, accreditation and a commercial market in forensic science.  

According to the report, Adam Scott, an innocent man, remained in custody for over four months as a result of a series of errors by an ISO17025 accredited forensic science provider, LGC Forensics. The DNA evidence was only called into question because the investigating officer failed to find 'the hoped for supporting evidence'. Had the 'hoped for' evidence been forthcoming then Mr Scott may have spent a good deal longer in custody. 

While this episode supports the policy of not prosecuting on DNA evidence alone it raises the question of charging on that basis particularly when the accused is then remanded in custody; there does seem to be a hint of a presumption of guilt here.

Another consequence of relying on DNA evidence alone is the potential delay to the investigation. For the victim justice is delayed and therefore denied.

Mr Scott has lost four months of his life, and probably more besides. It seem unjust that the organisation that made the errors which led to this miscarriage of justice suffers little or no sanction as a result. The suspicion being that the commercial provision of forensic science in England & Wales is so delicately balanced between success and failure that the application of any meaningful sanction  might tip it towards failure. Having controversially closed the Forensic Science Service for essentially commercial reasons the success of the forensic market is probably of political importance to the UK Government.

A couple of important questions come to mind.

Can it be right for a forensic science provider to continue to provide a service which has led to a miscarriage of justice before satisfying regulators that remedial action has been taken, lessons have been learned and that its product is now conforming?

Is it not right that the  profit seeking, commercial organisation  which caused this miscarriage of justice be called on to financially compensate Mr Scott for his loss of liberty?

One final point. There is an increasing move towards in-house provision of forensic services within the police forces of England & Wales. However, most police providers have yet to gain accreditation to the standard ISO17025 (or similar). If errors such as those identified in this case can be made by an accredited forensic science provider (and some would say one of the best forensic science laboratories in the world) surely the risk of a miscarriage of justice must be increased by the use of non-accredited providers.

It will be interesting to see the impact of this case on the future development of forensic science provision within England & Wales and perhaps elsewhere.  

 

Sean Doyle

Consultant Forensic Scientist

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