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Forensic Evidence and Terrorist Trials in the United Kingdom

Published online by Cambridge University Press:  16 January 2009

Clive Walker  and
Russell Stockdale
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Extract

The issue of miscarriages of justice1 has been at the heart of much recent discourse—legal, political and social—concerning the English criminal justice system. Indeed the crisis of confidence in the system has prompted attempts to re-establish legitimacy, which include such tried and tested methods as changes of personnel,2 and the appointment of a wide-ranging Royal Commission 3 which followed the attempt to quell the disquiet by the more focused May Inquiry.4 Much of the concern has arisen from the conduct of terrorist trials in Britain in the mid-1970s, the most important and significant 5 of which for the purposes of this paper were the trials of groups of terrorist suspects commonly known as the Birmingham 6,6

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The Cambridge Law Journal , Volume 54 , Issue 1 , March 1995 , pp. 69 - 99
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Copyright © Cambridge Law Journal and Contributors 1995

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References

NOTES

1. For definitions of “miscarriages”, see Walker and Starmer, op. cit., ch. 1; Greer, S., “Miscarriages of Justice Reconsidered” (1994) 57Google Scholar M.L.R. 58; Report of the Inquiry into the circumstances surrounding the convictions arising out of the bomb attacks in Guildford and Woolwich in 1974, Final Report (H.C. 449 of 1993–94) para. 21, 3.

2. Lord Lane C.J., who was associated with the rejection of the Birmingham 6 appeals (see R. v. Callaghan (1988) 88Cr.App.R. 40) was succeeded by Lord Taylor in 1992.

3. The Royal Commission on Criminal Justice, set up in 1991, reported in 1993 (Cm. 2263).

4. Report of the Inquiry into the circumstances surrounding the convictions arising out of the bomb attacks in Guildford and Woolwich in 1974, Interim Report (H.C. 556 of 1989–90), Second Report (H.C. 296 of 1992–93), Final Report (H.C. 449 of 1993–94).

5. There were several other cases around that time. For a full list, see Walker, C.P., The Prevention of Terrorism in British Law, 2nd ed. (Manchester 1992), ch. 11.Google Scholar

6. See R. v. Hill (1975) The Times 16 August p. 1, (1976) The Times 31 March p. 9; Mcllkenny v. Chief Constable, West Midlands [1980] 2 All E.R. 227; Hunter v. Chief Constable, West Midlands [1981] 3 W.L.R. 906; R. v. Callaghan [1988] 1 W.L.R. 1, (1988) The Times 29 January p. 5, (1988) The Times 22 March p. 1; R. v. Callaghan (1988) 88 Cr.App.R. 40, (1991) The Times 1 April; R. v. Mcllkenny [1992] 2 All E.R. 417. Commentaries include Gibson, B., The Birmingham Bombs (Chichester 1976);Google ScholarYahuda, J., “The Birmingham Bombers” (1988) 152 J.P. 230;Google ScholarHilliard, B., “Soldiers of Nothing” (1990) 140 N.L.J. 160;Google ScholarDunne, D., The Birmingham Six, 2nd ed. (Dublin 1989);Google ScholarMullin, C., Error of Judgment, 3rd ed. (Dublin 1990).Google Scholar The prosecutions of three of the detectives involved in the case was abandoned; R. v. Read, Morris and Woodwiss (1993) The Times 8 October pp. 1, 3.

7. See R. v. Hill (1975) The Times 23 October p. 1, (1977) The Times 28 February p. 2, (1989) The Times 20 October; Kee, R., Trial and Error (London 1986);Google ScholarMcKee, G. and Franey, R., Time Bombs (London 1988);Google Scholar Lords Devlin and Scarman, “Justice and the Guildford Four” (1988) The Times 30 November p. 16; A. Scrivener, “The Guildford Four” (1989) Counsel November p. 15; B. Hilliard, “The time bomb goes off” (1989) 97 Police Review 2174; Hill, P. and Burnett, R., Stolen Years (London 1990);Google ScholarConlon, G., Proved Innocent (London 1990).Google Scholar Three police officers were acquitted of conspiracy to pervert the course of justice: R. v. Bow St. Slip. Mag., ex p. D.P.P. (1992, D.C.); R. v. Attwell. Donaldson and Style (1993) The Times 20 May p. 1; Bennett, R., Double Jeopardy (London 1993);Google ScholarLogan, A., “In the Name of the Father” (1994) 144 N.L.J. 294.Google Scholar

8. See R. v. Maguire (1976) The Times 5 March p. 1; R. Kee, op. cit.; (1977) The Times 28 June; [1992] Q.B. 936.

9. R. v. Ward (1974) The Times 5 November p. 4, (1992) The Times 12 May p. 1, (1992)96Cr.App.R. 1.

10. A commentary on many is provided by C.P. Walker and K. Starmer, op. cit.; Sanders, A. and Young, R., CriminalJuslice (London 1994).Google Scholar

11. The interrogation of terrorist suspects is often aimed at the production of a confession, but this is not invariably the aim. In particular, the Prevention of Terrorism (Temporary Provisions) Act 1989, s. 14, by design allows intelligence-gathering, as recognised in R. v. Officer in charge of Police Office. Castlereagh, ex p. Lynch [1980] N.I. 126.

12. See, for example: R. v. Silcott (1991) The Times 9 December; R. v. Darvell (1992) The Times 15 July pp. 1, 3; R. v. Miller. Paris, and Abdullahi (1992) The Times 11 December p. 7.

13. See Kirchheimer, V., Political Justice (Princeton 1961);Google ScholarAllen, F.A., The Crimes of Politics (Harvard 1974).CrossRefGoogle Scholar

14. See Packer, H., The Limits of the Criminal Sanction (Stanford 1969);Google ScholarKing, M.; The Framework of Criminal Justice (London 1981).Google Scholar

15. See Review of the Operation of the Prevention of Terrorism (Temporary Provisions) Act 1976 (Cmnd. 8803, 1983) paras. 207, 208.

16. (1990) The Times 17 August p. 14.

17. See further Cruise O'Brien, C., “Legal buffers needed when ethnic groups collide” (1991) The Times 27 07 p. 12.Google Scholar

18. Roberts, P. and Willmore, C., “The role of forensic science evidence in criminal proceedings” (R.C.C.J. Research Study no. 11 1993) at p. 1.Google Scholar

19. See R. v. Goldenberg (1988) 88 Cr.App.R. 285; R. v. Crampton [1991] Crim.L.R. 277.

20. See Pattenden, R., “Should Confessions be Corroborated?” (1991) 107 L.Q.R. 319;Google ScholarGudjonsson, G.H., The Psychology of Interrogations, Confessions and Testimony (Chichester 1992).Google Scholar

21. See R. v. Keenan [1990] 2 Q.B. 54.

22. Loc. cit. note 4 above, para. 21.8.

23. For some of the arguments; see Walker and Starmer, op. cit. ch. 7.

24. Loc. cit. note 3 above, ch. 4 paras. 77, 85, 87.

25. See Home. Office Circular 72/1992; Williamson, T., “Investigative Interviewing” (1992) 8 Policing 286.Google Scholar

26. See Hogan, G. and Walker, C., Political Violence and the Law in Ireland (Manchester 1989) pp. 123–126;Google ScholarCarrington, K. et al. , Travesty! (N.S.W. 1991), ch. 11.Google Scholar

27. Sargant, T. and Hill, P., Criminal Trials (London 1986), p. 4.Google Scholar

28. See ibid., p. 10; McConville, M. et al. , The Case for the Prosecution (London 1991).Google Scholar

29. See R. v. Christou [1992] Q.B. 979.

30. R. v. Murphy [1965] N.I. 138.

31. R. v. Mealey and Sheridan (1974) 60 Cr.App.R. 59; R. v. Ranuana and Gill [1989] Crim.L.R. 358.

32. See Amnesty International, Killings by Security Forces and Supergrass Trials (London 1988).Google Scholar

33. The NIFSL is larger in proportion to the police force served by it than any other laboratory in the UK: House of Lords Select Committee on Science and Technology (hereafter cited as “H.L. Select Committee”), Forensic Science (H.L. 24 of 1992–93), para. 2, 15.

34. See especially R. v. Maguire [1992] Q.B. 936; R. v. Mcllkenny [1992] 2 All E.R. 417.

35. See H.L. Select Committee (H.L. 24–1 of 1992–93) p. 17. Zander (“The Royal Commission Crown Court Survey” (1992) 142 N.L.J. 1730) suggests its use in a third of cases surveyed and challenges in a quarter of those, but these data are dubiously drawn from the impressions of participants rather than court records. More reliable, less impressionistic data suggests that the overall usage of forensic services in criminal investigations is relatively rare (Steer, D., Uncovering Crime (Royal Commission on Criminal Procedure Research Study No. 7, HMSO, 1980)),Google Scholar though this may reflect police ignorance as much as limited utility (Ramsay, M., “The Effectiveness of the Forensic Science Service” (Home Office Research Study No. 92, 1987) ch. 2).Google Scholar

36. Candidates for this title have been alleged to include Dr. Skuse, whose evidence was described as in “grave doubt” in the Birmingham 6 case (R. v. Mcllketnny above at 432) and as “valueless” in the Ward cast (1992) 96 Cr.App.R. 1 a t 53). A World in Action programme along similar lines prompted an action for libel which was later dropped: Skuse v. Granada TV (1994) The Times 18 October p. 5.

37. Consider the treatment of DNA profiling, the results of which seemed to be accepted without question at first but later came under scrutiny: A. Hall, “DNA Fingerprinting” (1990) 140 N.L.J. 203; W.C. Thompson and S. Ford, “Is DNA fingerprinting ready for the courts?” (1990) New Scientist 31 March p. 38; P.M. Macdonald, “DNA profiling” 1990 S.L.T. 285; C. Fennell, “Beyond Reasonable Doubt” (1990) 8 I.L.T. 227; S.J. Young, “DNA evidence” [1991] Crim.L.R. 264; J. Sufian, “DNA in the Courtroom” (1991) LAG Bull. 7 Feb.; Easteal, S., McLeod, N., Reed, C., DNA Profiling (Reading 1991);Google Scholar P. Alldridge, “Recognising Novel Scientific Techniques” [1992] Crim.L.R. 687; Jakobetz v. U.S. (1992) 113 S.Ct. 104.

38. Loc. cit. note 33 above para. 1, 33.

39. Walker and Starmer, op. cit. pp. 76–82.

40. See also Phillips, J.H. and Bowen, J.K., Forensic Science and the Expert Witness (Sydney 1985);Google ScholarKind, S.S., The Scientific Investigation of Crime (Harrogate 1987);Google ScholarHodkinson, T., Expert Evidence (London 1990) ch. 14;Google ScholarAitken, C.C.G. and Stoney, D.A. (eds.), The Use of Statistics in Forensic Science (Hemel Hempstead 1991).Google Scholar

41. H.L. Select Committee, para. 1, 5.

42. The House of Lords Select Committee, loc. cit. para. 1.26, found that the Forensic Science Service provided conclusive evidence in 61 per cent, of the cases in which it is involved and strong evidence in a further 14 per cent.

43. See Whitehead, P.H., “Ten Years of Forensic Science 1974–83” [1984] Crim. L.R. 663.Google Scholar

44. See Robertson, B. and Vignaux, G.A., “Expert Evidence” (1992) 12 O.J.L.S. 392.Google Scholar

45. (1992)96Cr.App.R. 1 at 51.

46. The Forensic Science Service (H.C. 26 of 1988–89).

47. Ibid. vol. II at p. 1.

48. Forensic laboratories were formalised in 1931 as a common service (see now Police Act 1964 s. 41).

49. Other relevant organisations are the Laboratory of the Government Chemist (established as a Next Steps agency in 1989 and dealing with the analysis of drugs, documents and chemicals), the Central Research and Support Establishment (described below), the Defence Research Agency (which tests explosives; it was given agency status in 1991 and superseded the Royal Armament Research and Development Establishment) and the Northern Ireland Office Forensic Science Laboratory (see above).

50. See Home Affairs Committee, loc. cit. note 46 above; The Forensic Science Service (Cm. 699, 1989). The FSS operates at six different sites and employs about 40O scientists.

51. The MPFSL is possibly the largest single forensic establishment in Europe, with over 300 scientists.

52. May Inquiry, Final Report, loc. cit. note 4 above, paras. 14.32, 14. 33, 21, 9.

53. See further Stockdale, R., “Running with the Hounds” (1991) 141 N.L.J. 772.Google Scholar

54. Current proposals make no reference to this deficiency: Lord Chancellor's Advisory Committee on Legal Education and Conduct, Review of Legal Education: The Initial Stage (1994). The H.L. Select Committee, para. 5. 3, and the Royal Commission, loc. cit. note 3 above, ch. 8 para. 89, both call for more training for lawyers.

55. Memorandum of the Forensic Science Society to the H.L. Select Committee, p. 67.

56. H.C. 556 of 1989–90.

57. H.C. 296 of 1992–93, paras. 1.6–1.8.

58. Serious Crime Units in the MPFSL and NIFSL allow their scientists to work alongside police collectors of evidence. Scientists from FSS laboratories have attended major crime scenes as a matter of course for many years.

59. See Ramsay, op. cit. note 35 above, p. 32.

60. See T. Sargant and P. Hill, op. cit. note 27 above, p. 18

61. H.L. Select Committee, para. 2.1.

62. The Forensic Science Society offers Diplomas on Document Examination and Scenes of Crime Examination. It also compiles (as does the Law Society) a register of experts, though makes no inquiry into their competence.

63. Hadley, K., “Vocational Qualifications in Forensic Science” (1994) 34 Journal of the Forensic Science Society 5.CrossRefGoogle Scholar

64. See Walker and Starmer, op. cit., ch. 6.

65. Assurance requires more in the way of publication of results and oversight: H.L. Select Committee, para. 3.13.

66. Loc. cit. paras. 2.48, 2.15.

67. Agency status was approved by the Home Affairs Committee, loc. cit. note 46 above, para. 101.

68. The appointment of Scientific Support Managers within police forces has the potential for benefits in terms of efficiency and the raising of standards, but the fear is that the trend is mainly motivated by rationing and cost-reduction: H.L. Select Committee, paras. 2.11, 2.17.

69. Between April and September 1991, the FSS suffered a 13 per cent, drop in case referrals by the police and about one half of police forces have expressed criticisms of the FSS on cost grounds: H.L. Select Committee, pp. 58, 181, 182. Before 1989, the Home Affairs Committee, loc. cit. note 46 above, had reported increasing case-loads because of t he growth in reported crime, new police powers, new forensic techniques and t he demands of t he Crown Prosecution Service.

70. See M. Ramsay, op. cit. note 35 above, ch. 2.

71. See Pereira, M., “Forensic Science: our Changing World” (1993) 33 Journal of the Forensic Science Society 117.CrossRefGoogle Scholar

72. See Home Office, Memoranda to the Royal Commission (Cm. 2263 of 1991) Annex E para. 5.

73. H.L. Select Committee, para. 4.26.

74. Ibid. para. 4.13.

75. Loc. cit. note 3 above, paras. 14–17; Laboratory of the Government Chemist, Annual Report (H.C. 809 of 1992–93), p. 12.

76. Loc. cit. note 3 above, ch. 9 paras. 22, 23.

77. There was a sharp fall in items submitted to the FSS in 1991–92, which was mainly reversed in 1992–93 (Annual Report, H.C. 761 of 1992–93, p. 12), but demand is still depressed given the background increase in crime rates.

78. See JUSTICE, A Public Defender (London 1987), p. 10.Google Scholar

79. Loc. cit. note 46 above, para. 80.

80. Loc. cit. note 18 above, p. 139.

81. Annual Report, H.C. 761 of 1992–93, p. 10.

82. Roberts, P., “Just Science?” (1994)Google Scholar 21 Univ. of Notts. Research Papers.

83. Research Study no . II, loc. cit. note 18 above , p . 135.

84. See notes 6 and 8 above.

85. Interim Report, loc. cit. note 4 above, ch. 11, 12.

86. Second Report, loc. cit. note 4 above, para. 1.6.

87. In the case of Anne Maguire, the traces were on the plastic gloves used by her: May Inquiry, Interim Report, loc. cit. ch. 7.

88. Second Report, loc. cit. ch. 7.

89. Loc. cit. ch. 9.

90. Ibid., para. 9.5. The latter point was already well known to the prosecution scientists, some of whom had carried out further tests and even proclaimed them to the world (Twibell, J.D., Home, J.M., Smalldon, K.W., and Higgs, D.G., “Transfer of nitroglycerine to hands during contact with commercial explosives” (1982) 27 Journal of Forensic Sciences 783).Google ScholarPubMed The matter had first been considered by them in 1977: Second Report, he. cil. para. 11.17.

91. Loc. cil. paras. 3.3, 3.6.

92. Loc. cit. para. 3.7.

93. See R. v. Mclikenny [1992] 2 All E.R. 417 at p. 422.

94. See C. Mullin, op. cit. note 6 above, ch. 27.

95. Skuse v. Granada TV (1993) The Independent 2 April.

96. Similar tests had been undertaken by World in Action in 1985: C. Mullin, op. cit. ch. 37.

97. R. v. Mcllkenny above at 432.

98. See May Inquiry, Interim Report, loc. cit. note 4 above, para. 6.1.

99. Ibid. paras. 11.22, 11.28.

100. See C. Mullin, op. cil. note 6 above, pp. 239, 297.

101. May Inquiry, Interim Report, loc. cit. ch. 10.

102. May Inquiry, Interim Report, loc. cit. paras. 6.8, 11.23.

103 Loc. cit. para. 3.10.

104. May Inquiry, Second Report, loc. cit. note 4 above, para. 11.20.

105. May Inquiry, Interim Report, loc. cit. para. 10.8.

106. May Inquiry, Interim Report, loc. cit. ch. 10.

107. Ibid. para. 10.17.

108. [1992] 2 All E.R. 433 at 444.

109. Loc. cit. para. 3.9.

110. See Jakobetz v. US (1992) 113 S.Ct. 104; R. v. Deen (1994) The Times 10 January; R. v. Gordon (1994) The Times 27 May; G. Cooke, “The length of the genetic string we can't yet measure” (1992) The Times 19 May p. 27; J. Ames, “DNA Evidence under Scrutiny” (1992) L.S.Gaz. 16 Dec. p. 7.

111. See Jakobetz v. US, above; J.C. Hoeffel, “The Dark Side of DNA Profiling” (1990) 42 Stan.L.R. 465; B. Robertson and T. Vignaux, “Why the NRCC Report on DNA is Wrong” (1992) 142 N.L.J. 1619.

112. (1994) The Times 10 January.

113. See R. v. Borham and Hammond (1992, reported in 1992 L.S.Gaz. 16 Dec. p. 7, D. Farrington, “Unacceptable Evidence” (1993) 143 N.L.J. 806, 857).

114. Compare Mills, B., “Justice for AH” (1994) 144 N.L.J. 1670.Google Scholar

115. See also Steventon, B., The Ability to Challenge DNA Evidence (RCCJ Study no. 9, 1993) pp. 40, 42.Google Scholar

116. The same complaints are, of course, often made by solicitors dependent on legal aid payments. See Law Society, Response to the Legal Aid Efficiency Scrutiny (London 1986), p. 10.Google Scholar

117. Loc. cit. note 3 above, paras. 49, 55.

118. For details, see Walker and Starmer, op. cit. pp. 90–97.

119. It is a general requirement that the essential facts to establish a case against the accused be based on evidence derived from more than one source. See Sheehan, A.V., Criminal Procedure (London 1990)Google Scholar para. 2.03.

120. See [1981] Crim.L.R. 783; P.C.A., Fourth Report (H.C. 191 of 1983–84).

121 Close liaison exists, such as weekly meetings with police Scientific Support Managers and attendance at CID conferences and case briefings. See, for example, HMI, Report on the West Yorkshire Police for 1993 (1994), para. 4.15.

122 See H.L. Select Committee, p. 50. The Chief Constable has revealed that police officers are formally part of the NIFSL's Serious Crime Unit: Annual Report for 1991 (1992), p. 38, The NIFSL rarely acts for the defence, and there is a dearth of independent alternatives in Northern Ireland: Standing Advisory Commission on Human Rights, 17th Report (H.C. 54 of 1992–93) ch. 6, para. 14, p. 275.

123 Loc. cit. note 46 above, vol. II, p. 129.

124 A new defence-oriented forensic service is advanced by the Bar Council (Submission to Royal Commission, para. 16.2), having long attracted the support of JUSTICE as part of its campaign (A Public Defender (1987), para. 55).

125 Loc. cit. note 46 above, vol. II, p. 195.

126 T. Sargant and P. Hill, op. cit. note 27 above, p. 17.

127 Compare T. Sargant and P. Hill, op. cit., p. 28; Howard, M.N., “The Neutral Expert: a Plausible Threat to Justice?” [1991]Google Scholar Crim.L.R. 98; Spencer, J.R., “The Neutral Expert: an Implausible Bogey” [1991]Google Scholar Crim.L.R. 106; “Court Experts and Expert Witnesses” (1992) 46 C.L.P. 213.

128 The Royal Commission rejects the idea of a court-appointed expert, though more for reasons of complexity than principle: loc. cit. note 3 above, ch. 9, paras. 67, 74.

129 H.L. Select Committee, para. 5.31.

130 Loc. cit. ch. 9, para. 73.

131 Ibid. para. 17. The power to appoint experts in the USA has fallen into disuse: Alldridge, P., “Forensic Science and Expert Evidence” (1994) 21 Journal of Law and Society 136 at p. 141.CrossRefGoogle Scholar

132 H.L. Select Committee, paras. 5.18, 5.30; Royal Commission, loc. cit. ch. 9, paras. 43, 44, 63; JUSTICE, Science and the Administration of Justice (1991). There is a great deal of enforced exchange of expert information through the operation of the rules on prosecution disclosure and the Crown Court (Advance Notice of Expert Evidence) Rules 1987 S.I. 1987/716 (pursuant to the Police and Criminal Evidence Act 1984 s. 81). Neither set of rules has operated perfectly in practice: Brayne, H., “Disclosing Expert Evidence and Crown Court Trials (1988) 52 Journal of Criminal Law 64.Google Scholar Prosecution disclosure was at fault in R. v. Ward (1992) 96 Cr.App.R. 1. As for defence disclosure, problems arise for the prosecution as the Rules do not apply when the defence wishes to dispute the prosecution forensic evidence rather than to call further evidence of their own, though to place further duties of disclosure at this point seems again to transcend the normal burden of proof.

133 Loc. cit. note 3 above, ch. 9, para. 65.

134 By the Criminal Justice (Scotland) Act 1980, s. 26, scientists approved by the Scottish Secretary can present evidence by certificate; about 30 forensic pathologists are listed by the Home Office: see Home Affairs Committee, loc. cit. note 46 above, vol. II. p. 181.

135 The Forensic Science Society cannot readily perform this function as membership is based on interest rather than qualification.

136 Medical Act 1983.

137 Solicitors Act 1974.

138 The Service is part of the National Physics Laboratory, an arm of the DTI. See NIS46, Accreditation for Forensic Analysis and Examination (1992), which is being adopted by the FSS but may not be sufficiently comprehensive: HL Select Committee, para. 3.32.

139 Annual Report (H.C. 517 of 1993–94), p. 5.

140 The HL. Select Committee recommends that laboratories should make public their quality assessment trials (para. 3.13) and that NAMAS standard setting should extend to sampling processes (para. 3.34).

141 On the latter, see T. Sargant and P. Hill, op. cit. note 27 above, p. 27; Alldridge, P., “Recognising Novel Scientific Techniques” [1992]Google Scholar Crim.L.R. 687; Dauberl v. Merrell Dow (1993) 113 S.Ct. 2786.

142 Section 66(11).

143 Loc. cit. note 46, vol. II, p. 194. The Committee itself, para. 84, was not convinced, though largely because of the then very limited number of independent forensic services.

144 See H.L. Select Committee, loc. cit. However, the FSS rejects the concept of an independent governing body: ibid. p. 15.

145 Loc. cit. paras. 3.52–3.61.

146 See R. v. Siherlock [1894] 2 Q.B. 766; R. v. Robb (1991) 93 Cr.App.R. 161.

147 See Submissions of Amnesty International, para. 4.6; C.P.S., para. 12.3.24; Home Office, p. 8; Law Society, paras. 4.31, 4.35,4.37, 4.38; Liberty, p. 63; Police Service, p. 149.

148 Loc. cit. note 3 above, ch. 9, para. 2.

149 Ibid. para. 30.

150 Ibid. para. 32.

151 Ibid. para. 36.

152 Ibid. paras. 34, 35.

153 Ibid. paras. 75, 76. But a Home Office Policy Advisory Board for Forensic Pathology was established in 1991.

154 Ibid. para. 41.

155 Loc. cit. para. 5.33

156 Loc. cit. note 3 above, ch. 9, para. 79.

157 Police Service, Submission to the Royal Commission (1991) para. 1.1.19.

158 Standards demanded elsewhere are little better: California v. Trombetta 467 U.S. 479 (1984); Arizona v. Youngblood 488 U.S. 51 (1988).

159 See ss. 8, 9, 18, 32, 54, 61–63. The powers to search for property are in general rather better regulated than the powers to take bodily samples, which may reflect the general failure in English common law to recognise a right to privacy: Malone v. M.P.C. (No. 2) [1979] Ch. 344.

160 160 [1988] 3 All E.R. 431; The Times 26 November 1986 pp. 1, 20. His fingerprints were detected on a bin-liner in which bombs had been wrapped. The owners of other prints were not charged. See Woffinden, B., “The Influence of Justice” (1990)Google Scholar Counsel, May, p. 14.

161 See The Times 28 October 1987, pp. 1, 3; R. v. Ellis (1991) The Times 31 October 1991, pp. 1, 3. His prints were taken from electrical equipment found in bombs. He admitted working as an electrician in Dundalk. He later attempted an escape from prison: The Guardian (1994) 12 September, p. 1.

162 Loc. cil. note 3 above, ch. 10; Home Office, Criminal Appeals and the Establishment of a Criminal Cases Review Authority (1994).

163 The Academy introduced a code in 1993 for its members concerning qualifications, laboratory facilities, and record-keeping.

164 See R. v. Castleton (1910) 3 Cr.App.R. 74.

165 See D. Campbell, “Fingerprints” [1985] Crim.L.R. 175; S.S. Kind, op. cit. note 40 above.

166 There is debate as to the extent to which professional cultures can be redesigned in this way.Compare M. McConville, el ai, op. cit. note 28 above; Dixon, D., “Legal Regulation and Policing Practice” (1992) 1(4) Social & Legal Studies 515.CrossRefGoogle Scholar

167 (1992). The booklet followed Home Office Circular 22/1992.

168 See Law Report Commission of Canada, Working Paper 34: Investigative Tests (1984). Compare the unprincipled views of the Home Affairs Committee, Annual Report of the D.P.R. (H.C. 115 ofl990–91) para. 26.

169 McConville, M., “Wanted: more detection, less interrogation” (1993)Google ScholarThe Times 2 March, p. 31.

170 Greer, loc. cit. note I above at p. 73.