The code of ethics was
developed to give a guide to practitioners, students and customers of
forensic scientists. It sets down in plain English what is expected of
a forensic practitioner in examining evidence, giving results and providing evidence in court.
Scientific Method
- Accepted scientific principals and methods should be
utilised unless a particular investigation requires the use of a novel
method.
- Appropriate methods should be used having regard to the standard of proof that is required and that can be reasonably achieved.
- Objectivity
should be maintained at all times, from when examining scenes and
collecting items for further examination, to reaching conclusions based
on available evidence.
- Relevant experimental controls should be used and, where
appropriate, results verified by retesting or by the application of
additional or alternative techniques.
- Examination should not be taken beyond the limits of one's expertise.
- Where
applicable, the physical results of tests, field notes, test notes,
reports and photographs should be retained for as long as possible or
at least during the currency of any relevant legal proceedings.
Reporting
- Distinctions should be made between the results of tests and
examinations, and opinions based on these. Any pertinent limitations to
the test results and conclusions should be explained.
- Opinions should be expressed in simple, precise and unambiguous terms.
- Where
test results or conclusions are capable of being interpreted to the
advantage of either side in a legal proceeding, each result or
conclusion should be given weight according to its merit.
- There should be a preparedness to concede that other
opinions, being contrary to or at variance with one’s own can be
honestly held.
- Reference should be made in the report to all items examined or tested.
- The nature and character of all tests and examinations should be available to the court.
- Reports
will be signed only by the persons who have either carried out the work
described or have directly or indirectly supervised it.
Pre-Trial Conduct
- Every endeavour should be made to produce the report in
sufficient time before the relevant legal proceedings so as to enable
proper consideration of it, provided that sufficient notification of
the date of legal proceedings has been received.
- On the understanding that there is no property in expert
scientific witnesses, the prospective witness should be reasonably
available for discussion with professional representatives of all
parties involved with the proceedings.
- Any retainer offered should be refused if it is suspected
that a purpose of the offer is to prevent relevant evidence being
presented to a Court.
Conduct in Court
- As far as possible, simple terms should be used when giving evidence.
- Any attempt made to press the witness to testify as to matters beyond and/or outside their expertise should be firmly resisted.
- An objective and moderate manner in giving evidence should be cultivated.
- In
the conduct of giving evidence the witness, upon request, is under an
obligation to disclose all tests and experiments performed, subject to
the directions of the presiding judicial officer.
- The witness should plainly state opinions as such and take care to distinguish them from statements of fact.
- The
witness should appeal to presiding judicial officer (in the absence of
the jury if the trial be by judge and jury) if they believe that the
manner in which evidence is being elicited is such to prevent the
disclosure of a significant relevant matter or circumstance.
General Matters
- It is proper to advise a lawyer concerning the reports and
evidence of another expert even though such advice may be used in the
cross-examination of that expert. To this end, co-operation in the
provision of notes/records should be given with, if desired, the
proviso of open consultation and discussion with the reviewing expert.
- Confidential information received should not be inappropriately disclosed.
- Media
association of an expert’s name with specific cases or accomplishments,
or association of one’s name with developments, publications or
organisations with which that expert played no significant part, should
be discouraged.
- Professional and personal behaviour consistent with
membership of a skilled profession should be observed and colleagues
treated with due respect and inappropriate criticism of them avoided.
- No services should be rendered where the fee is dependent on the outcome of the examination.
- Errors or omissions discovered prior to, during or after any hearing should be disclosed.
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