Streamlined Forensic Reports (SFR’s) are documents which the CPS must use to present forensic results on exhibits to the Court in Criminal trials.
They come in two forms, SFR1’s and SFR2’s.
SFR’s are typically used for DNA and/or fingerprint evidence but may sometimes be required to address matters in drug and firearm offences.
What is a Streamlined Forensic Report 1 (SFR1)?
An SFR 1 is the initial report produced and does not need to be drafted by the expert who has been instructed.
An SFR1 is simply a summary of evidence which should be provided within the initial details of the prosecution case (IDPC) when somebody is charged.
This will outline what forensic evidence the prosecution intends to rely on should the matter go to trial. It should be served on the defence at the earliest possible opportunity and contain enough detail so the defence can accurately advise their client when taking instructions and deciding if the evidence should be agreed or challenged.
The defence are not expected, at this point, to raise clear scientific issue with the evidence as it is recognised the defence will need instruct their own expert for that, however, any issues raised by the defence need to be thorough enough to allow for an SFR2 to be produced by the prosecution.
For example, there may be issue taken with how DNA was found on a complainant.
This process allows for the defence and prosecution to agree on the forensic issues or, if this cannot be achieved, allows for the contested issues to be highlighted at the earliest possible opportunity. This aims to reduce delays to trials due to evidence not being ready in time.
What is a Streamlined Forensic Report 2 (SFR2)?
If anything is contested, then SFR2’s can be produced with experts instructed by both the defence and prosecution to be used as evidence at trial.
What is contained within an SFR2?
The SFR2 must set out:
- The field in which they are an expert and details of their qualifications, relevant experiences and any accreditations.
- Where the expert provides an opinion based on their own experiences, it is important that they make that clear.
- They must also state what experience they have that allows for them to offer this opinion. If when conducting the report, a matter falls outside of their area of expertise, they must confirm any limitations to their experience.
- The SFR2 must set out the facts and assumptions which the witness relied upon in producing their opinion. This could be any information provided by the party instructing them, information set out in witness statements and any information generated by other experts.
- Finally, the report must contain enough information for the court to determine whether the evidence is sufficiently reliable to be admitted. This information must be presented in terms that can be understood by all parties, in particular, the lay person.
What is the duty of an expert?
The duty of an expert witness is to help the court to achieve the overriding objective by giving opinion which is objective and unbiased, in relation to matters within their expertise. This is a duty that is owed to the court and overrides any obligation to the party from whom the expert is receiving instructions.
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