Chamber and committees

Both the initialidentification of the scene of crime mark and the subsequent verification weremade on less than the standard of 16 points. As indicated in the answer toquestion S2W-3412 on 12 November 2003, because of this, the case was referred to the qualityassurance manager who confirmed the identification. All answers to written parliamentaryquestions are available on the Parliament's website, the search facility forwhich can be found at:http://www.scottish.parliament.uk/webapp/search_wa.

The Scottish Executive is in regular contact with the UK Government on a wide range of issues,including the implications for devolved matters in Scotland ofits legislative programme. This contact reflects the approach, set out in DevolutionGuidance Note 1 in accordance with the principles set out in the Memorandum ofUnderstanding, that the administrations normally consult each other from anearly stage on the development of relevant legislative proposals.

The review, which is beingled by the Association of Chief Police Officers in Scotland, isexpected to report in the New Year. We will consider the future provision of police forensic science services in the light of that report.

The quality assurance managerconfirmed the identification in accordance with the operating procedures of thebureau. These procedures stipulate that an identification made by an expert andindependently verified by two other experts on less than the existing standardof 16 characteristics is forwarded to the bureau quality assurance manager. Thequality assurance manager will satisfy himself as to the integrity of theprocesses and procedures followed in the identification and verificationprocess, confirm the individualisation of the mark and review the circumstancesand seriousness of the case. On being satisfied on these matters he will makerecommendations to the director, or if unavailable the deputy director, of ScottishCriminal Record Office.

The granting or refusal ofcriminal legal aid is entirely a matter for the Scottish Legal Aid Board insummary criminal cases and for the courts in solemn criminal cases. Scottish ministersare expressly prohibited by the terms of section 3 of the Legal Aid (Scotland)Act 1986 from intervening or giving guidance to the board about applicationsfor legal aid.

A move to a non-numericstandard, in line with international practice, requires careful preparation,including training of those involved, to ensure that evidence given is of thenecessary quality. This preparation is being taken forward by the Associationof Chief Police Officers in Scotland (ACPOS). The adoption of such a standard inScotland is a matter for ACPOS and the Scottish Fingerprint Service, but the Lord Advocatewould require to be satisfied that he would be able to rely on fingerprintevidence presented using that standard before such evidence was led in criminalproceedings.

Fire Service Circular 4/2003dated 3 April 2003, issued by HM Fire Service Inspectorate for Scotland, advisedfire authorities that the Executive, as part of its proposals for developing theservice, supported the introduction of a risk-based method of intervention throughthe development of integrated risk management plans (IRMP). A further fire servicecircular, 7/2003, dated 8 September 2003, published draft guidance on the production of IRMPs.The development of the guidance was aided by consultation seminars for all thekey stakeholder interests conducted during 2003 outlining the IRMP planningprocess and timescale for action. Comments on this guidance were sought by 1 December 2003. Responsesto the consultation are being assessed prior to re-issuing a revised version ofcircular 7/2003. The inspectorate are currently visiting brigades to assesswhat preliminary progress has been made on implementation. It is too soon toassess the financial implications of the IRMP approach.

A non-numeric standard offingerprint evidence has not yet been adopted in Scotland. A non-numeric implementationgroup, led by the Association of Chief Police Officers in Scotland,has planned a series of information forums with all stakeholders in the criminaljustice system prior to a decision to adopt the non-numeric standard in Scotland.

I refer the member to the answer given to question S2W-4511. All answers to written parliamentaryquestions are available on the Parliament’s website, the search facility forwhich can be found at http://www.scottish.parliament.uk/webapp/search_wa.

A non-numeric standard offingerprint evidence has not yet been adopted in Scotland. The adoption of sucha standard is a matter for the Scottish Fingerprint Service and the Associationof Chief Police Officers in Scotland, although the Lord Advocate would require to besatisfied that he would be entitled to rely on fingerprint evidence presentedusing that standard before such evidence is led in criminal proceedings.

The Scottish Executive is in regular contact with the UK Government on a wide range of issues,including the implications for devolved matters in Scotland ofits legislative programme. This contact reflects the approach, set out inDevolution Guidance Note 1 in accordance with the principles set out in theMemorandum of Understanding, that the administrations normally consult eachother from an early stage on the development of relevant legislative proposals.