I understand there is a formal complaint currently with the IAI over their technical abilities. Clearly the findings last week show that the IAI will have to take appropriate action. I am fully aware that the IAI have a ‘Code of Conduct’ under which professional incompetence can be dealt.
I got to thinking how these actions will have in effect a domino reaction. Let me highlight the names of individuals who are currently members of various Forensic bodies, all of whom have their own specific ‘Codes of Conduct’ for their own members.
I believe once the IAI knock down that first domino the effect will be felt worldwide. Organisations who for too long have tried to avoid the issues or done everything in their power to avoid dealing with complaints will have no option. Well that’s untrue; they can continue to ignore the issues and severely damage the reputation of their very members.
International association for Identification
• Martin Leadbetter
• Peter Swann
Council for the Registration of Forensic Practitioners (CRFP)
Members
• Martin Leadbetter
• Peter Swann
• Alister Geddes
• Terry Foley
http://www.crfp.org.uk/NR/rdonlyres/C93 ... ne2007.pdf
The Fingerprint Society1. Recognise that your overriding duty is to the court and to the administration of justice:
it is your duty to present your findings and evidence, whether written or oral, in a fair and impartial manner.
2. Act with honesty, integrity, objectivity and impartiality: you will not discriminate ongrounds of race, beliefs, gender, language, sexual orientation, social status, age, lifestyle or political persuasion.
3. Comply with the code of conduct of any professional body of which you are a member.
4. Provide expert advice and evidence only within the limits of your professional competence and only when fit to do so.
5. Inform a suitable person or authority, in confidence where appropriate, if you have good grounds for believing there is a situation that may result in a miscarriage of justice. In all aspects of your work as a provider of expert advice and evidence you must:
6. Take all reasonable steps to maintain and develop your professional competence, taking account of material research and developments within the relevant field and practising techniques of quality assurance.
7. Declare to your client, patient or employer if you have one, any prior involvement or personal interest which gives, or may give, rise to a conflict of interest, real or perceived; and act in such a case only with their explicit written consent.
8. Take all reasonable steps to ensure access to all available evidential materials which are relevant to the examinations requested; to establish, so far as reasonably practicable, whether any may have been compromised before coming into your possession; and to ensure their integrity and security are maintained whilst in your possession.
9. Accept responsibility for all work done under your supervision, direct or indirect.
10. Conduct all work in accordance with the established principles of your profession, using methods of proven validity and appropriate equipment and materials.
11. Make and retain full, contemporaneous, clear and accurate records of the examinations you conduct, your methods and your results, in sufficient detail for another forensic practitioner competent in the same area of work to review your work independently.
12. Report clearly, comprehensively and impartially, setting out or stating:
a. your terms of reference and the source of your instructions;
b. the material upon which you based your investigation and conclusions;
c. summaries of your and your team’s work, results and conclusions;
d. any ways in which your investigations or conclusions were limited by external factors; especially if your access to relevant material was restricted; or if you believe unreasonable limitations on your time, or on the human, physical or financial resources available to you, have significantly compromised the quality of your work.
e. that you have carried out your work and prepared your report in accordance with this Code
13. Reconsider and, if necessary, be prepared to change your conclusions, opinions or advice and to reinterpret your findings in the light of new information or new developments in the relevant field; and take the initiative in informing your client or employer promptly of any such change.
14. Preserve confidentiality unless:
a. the client or patient explicitly authorises you to disclose something;
b. a court or tribunal orders disclosure;
c. the law obliges disclosure; or
d. Your overriding duty to the court and to the administration of justice demand disclosure.
15. Preserve legal professional privilege: only the client may waive this. It protects communications, oral and written, between professional legal advisers and their clients; and between those advisers and expert witnesses in connection with the giving of legal advice, or in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings.
Members
• Martin Leadbetter
• Peter Swann
• Robert Mackenzie
• Fiona McBride
http://www.fpsociety.org.uk/membership/rules.html
(see above)‘The Fingerprint Society fully supports the aims and ideals of the CRFP.
The Fingerprint Society is happy to adopt the CRFP Code of Conduct that all members should adhere to.’
In addition The Rules of the Fingerprint Society state
The Academy of Experts13. Expulsion of Members
13.1 If at any time the Committee considers that the interests of the Society require it they must invite a member to resign from the Society, by a letter specifying the time before which the withdrawal should be made.
13.2 If the member concerned does not withdraw the Committee must submit the question of his/her expulsion to the Annual General Meeting or a Special General Meeting to be held within eight weeks after the date of the letter.
13.3 Not less than 14 days’ notice of the meeting must be given to the members.
13.4 The Secretary must inform the member in question of the time and place of the meeting and the nature of the complaints against him/her in sufficient time to afford him/her a proper opportunity of offering an explanation.
13.5 At the meeting the member must be allowed to offer an explanation of his/her conduct verbally or in writing and if after that more than half of the members present vote for his/her expulsion he/she will immediately cease to be a member of the Society.
13.6 The voting at any such Special General Meeting must be by ballot.
15. Suspension
15.1 If at any time the Committee consider that the interests of the Society require it they may suspend a member from the Society for a fixed period of time or until further notice.
15.2 A member who is suspended shall not during the period of suspension be entitled to any privileges of membership but may in accordance with Rule 13 attend any General Meeting at which his/her expulsion is sought.
Member
• Peter Swann
http://www.academy-experts.org/codeofpr ... m#re220605
The Forensic Science SocietyCode of Practice pre 22 June 2005
Preamble
This Code of Practice shows minimum standards of practice that should be maintained by all Experts. There are, in addition to the Code of Practice, General Professional Principles with which an Expert should comply.
These include the Expert:
• Being a ‘fit and proper’ person;
• Having and maintaining a high standard of technical knowledge and practical experience in their professional field;
• Keeping their knowledge up to date both in their expertise and as an Expert and undertaking appropriate continuing professional development and training.
The Code
1. Experts shall not do anything in the course of practising as an Expert, in any manner which compromises or impairs or is likely to compromise or impair any of the following:
a. the Expert’s independence, impartiality, objectivity or integrity;
b. the Expert's overriding duty to the Court or Tribunal
c. the Expert's duty having complied with the other sections of this Code and where the law permits, to act in the best interests of those appointing him;
d. the good repute of the Expert or of Experts generally;
e. the Expert's proper standard of work;
f. the Expert’s duty to maintain confidentiality.
2. An Expert who is retained or employed in any contentious proceeding shall not enter into any arrangement to receive a contingency fee in respect of that proceeding nor should he accept any benefits other than his fee and expenses.
3. An Expert should not accept instructions in any matter where there is an actual or potential conflict of interests. Despite this rule, if full disclosure is made in writing the Expert when those concerned specifically acknowledge the disclosure, may in appropriate cases accept instruction. Should an actual or potential conflict occur after instructions have been accepted, the Expert shall immediately notify all concerned and in appropriate cases resign his Appointment.
4. An Expert shall for the protection of his client maintain with a reputable insurer proper insurance for an adequate indemnity. The insurance shall include professional indemnity of not less £500,000.
5. Experts shall not publicise their practices in any manner that may reasonably be regarded as being in bad taste. Publicity must not be inaccurate or misleading in any way.
6. The Expert shall comply with all appropriate Codes of Practice and Guidelines.
Member
• Peter Swann
http://www.forensic-science-society.org ... tution.htm
What exactly do ‘Codes of Conduct’ mean? Are they there as token words to try to fulfil a notion that an organisation is more than capable of self administering, or are they there for a genuine reason?THE CODE OF CONDUCT OF THE FORENSIC SCIENCE SOCIETY
The following Code of Conduct is proposed for Members of the Forensic Science Society by the Council of the Forensic Science Society.
1. This Code of Conduct is applicable to all Members of the Forensic Science Society with the exception of Student Members.
2. All Members with the exception of Student Members have a duty to:
* observe the provisions of the Constitution and Code of Conduct of the Society and any regulations made thereunder;
* conduct themselves honourably in the practice of their profession
* promote to the utmost of their power the interests of the Society.
* maintain the dignity and welfare of the Society.
* have special regard at all times to the public interest and to the maintenance of the highest standards of competence and integrity.
Professional Members must additionally;
* Only undertake any forensic activity commensurate with and in the field within which they are registered or accredited by the Society
3. In order to fulfil their duty under this Code of Conduct Members shall give due attention to any general guidance on the subject of professional conduct and advice on specific questions and shall conform to any rulings thereon that may be approved and issued from time to time by the Council of the Society.
Up until now they have been there for the first of those reasons given the total refusal to deal with those who have knowingly discredited their science.
I find it extremely sad that these very organisations are prepared to take honest money from honest members who join those organisations in good faith.
Let me go as far as suggesting that in some cases this could even amount to fraud, given they openly and knowingly accept members who fail to fulfil their obligations under the ‘Codes of Conduct’.
I would urge any member of any of the organisations I have highlighted to contact your organsiation, and ask what steps they are taking in regard to what is an incredibly serious situation. Ask what steps are being taken to ensure the integrity and professionalism of your organisation is beyond reproach. That when you use the letters of that organisation on your reports that you do so in the knowledge that under cross examnionation you can rightly state that your organisation is a honest and decent one. Not one that openly accepts the names of discredited experts to is on a register along side your name.
It is your hard earned money that keeps these organsiatioons alive. You have a right to question their actions, and also a right to protect your own integrity.
Only time will tell, but I hope the IAI have the conviction to topple that first domino real soon!