Prof Simona Francese, (Professor of Forensic and Bioanalytical Mass Spectrometry at Sheffield Hallam University); Prof Ruth Morgan (Professor of Crime and Forensic Sciences at University College London); Prof Gillian Tully (Professor of Practice for Forensic Science Policy and Regulation at King’s College London); Prof Angela Gallop (Professor of Practice/Director of Forensic Science at University of Strathclyde/Forensic Access); Dr Stephen Bleay (Senior Lecturer in Forensic Science at London South Bank University; Prof Paul Kelly (Professor of Inorganic Chemistry at University of Loughborough); Prof Kim Wolff (Director King’s Forensics at King’s College London; Prof Melanie Bailey (Professor at University of Surrey); Dr Susan Pope (DNA expert – chair of the Forensic Science Regulator DNA Specialist Group & is an assessor for the Netherlands Register of Court Experts at Principal Forensic Services — Written evidence (NTL0024)
 

I am submitting this evidence as Lead and on behalf of a sub-group of members from the Transforming Assessment of Criminal Evidence (TrACE) consortium (indicated by the signatures on the on line form), specifically under the guidance "Respondents are equally welcome to flag the importance of other issues related to the inquiry that are not covered in the questions below but which they think the Committee should consider in its work".

I wish to bring to your attention the continual and substantial underfunding of forensic science, even after the inquiry and the recommendations of the House of Lords Science and Technology Committee's report published in 2019 (hereafter the HoL report[i].

The justification for such a submission is that new, emerging and cutting-edge technologies (as included in our proposed programme TrACE) are unexploitable if funding is not secured to develop them into practical tools to fill fundamental gaps in forensic science. Specifically, new technologies have significant potential to address emerging challenges in forensic science such as the interrogation, evaluation and storage of large datasets, the enhanced detection and classification of traces, and the evaluation of materials within a justice context. These gaps have been very well documented in the 2019 HoL report and they continue to negatively impact the Criminal Justice System.

The situation is urgent, we need to end 20 very dark years of consistent under-funding of Forensic Science research if we are to enable new technologies to be effectively used in the justice system.

TrACE will be used as a "case study" to highlight to this committee the ongoing absence of a recognisable funding stream for Forensics Science in the England and Wales.

TrACE mission and community

TrACE represents an unprecedented effort to build critical mass and bring key and diverse expertise to deliver a broad research programme that targets both technological advances and foundational research for the detection and interpretation of science evidence in the justice system. Globally, misinterpretation of evidence has resulted in thousands of miscarriages of justice including missed opportunities to identify the actual perpetrators.  The HoL report discloses evidence given by an academic group from Northumbria University stating that, where miscarriage of justice could be traced back to the use of forensic science to interpret the evidence, “the scientific evidence was relied upon to answer “activity level” questions when, infact, it was unable to do so”. The ability of scientists to most effectively interpret and explain the meaning of evidence is hindered by undeniable gaps in scientific knowledge at the activity level to the extent that, in some cases, it would be far better to avoid use of forensic science at all than risk presenting misleading interpretations of it. Choosing to avoid the use of forensic science signifies a return to the Dark Ages.

The scope of TrACE represents a path forward to address some of the recommendations for research and development made in the HoL report.

We have brought together world leading academics, the UK key forensic service providers, policing, the (then), Forensic Science Regulator, relevant government agencies, including The Forensic Capability Network, the Defence Science and Technology Laboratory (Dstl) and NIST, and academic institutions at the forefront of forensic science delivery in order to build TrACE. Not only have we achieved a broad community from the UK but also it is clear that the international forensic science community is highly supportive of TrACE. Their keen interest stems from seeing the value of TrACE for achieving a greater good that will assist justice systems at the global scale (Appendix 1 includes a list of these International partners).

TrACE journey

We have worked tirelessly over the last 3 years to put together a proposal for forensic science translational research; we include a brief chronology of the TrACE journey:

•        The programme was initiated by Prof. S Francese in October 2018 and submitted in February 2019 to the EPSRC Big Ideas call [https://epsrc.ukri.org/research/ourportfolio/epsrcbigideas/].

•        Against the backdrop of the HoL report in 2019, which made a specific recommendation for funding forensic science research that addresses technological innovation and foundational science to underpin the evaluation of science and its application to the justice system, TrACE was evaluated by UKRI over several phases between October 2019 and October 2020. During this time the consortium expanded, with the inclusion of key stakeholders (Appendix 1); the content of the proposed programme was further developed to address the Science, Engineering and Technology Board's (SETB) feedback.

•        In December 2020, EPSRC/UKRI informed that TrACE had been introduced within the Science for the Justice System funding framework.

•        In July 2021, EPSRC/UKRI informed that there was no funding available for initiatives such as the Science for the Justice System piece.

•        In August 2021, when queried, EPSRC/UKRI stated that the Science for the Justice System never had an allocated budget and that, as a result of the 2020 spending review there was insufficient headroom to progress new activities such as funding research in the area of ‘Science for the Justice System’.

We are deeply concerned that there has been no progress since the House of Lord’s Science and Technology Select Committee’s report setting out the urgency of the crisis in forensic science, the importance of ensuring funding for research to underpin forensic science and ensure science is able to assist the justice system.

Summary and Conclusions

Translational Research in Forensic Science, is still not a funded area within UKRI, nor has the research strand of the Government’s Forensic Science Reform Programme resulted in any new funding being made available. We ask that the Justice and Home Affairs Committee considers the wider issue of funding in this inquiry and works with relevant individuals and bodies to:

• explore how investments into new and cutting-edge technologies can be capitalised on with further funding in order to ensure their effective and reliable exploitation in the Criminal Justice System, including presentation in court of safe interpretations and conclusions based on scientific evidence from existing technology

• technologies are not necessarily developed in the first instance for use in forensic science service provision or for crime reconstruction activities. Therefore, translational work is almost always necessary to ensure they are fit for purpose within the justice system and able to answer specific forensic questions robustly and transparently.
• data to inform interpretation of evidence from new technologies must be collected to ensure that the outputs are interpreted in a way that is robust and reliable.

• identify mechanisms through which forensic science research can be prioritised.
• suggest clear and transparent mechanisms to fund translational Research in Forensic Science
• propose mechanisms to empower Research Councils with the resources needed to fund strategic forensic science research

4 September 2021

Appendix 1-Full list of TrACE consortium members

1. ORIGINAL TEAM and EXPERTISE

•       Sheffield Hallam University (Lead, Prof. S. Francese) - (fingermarks and bodily fluids imaging and characterisation, mass spectrometry imaging, analytical and bioanalytical chemistry)

•       University College London (Prof. R. Morgan)- (interdisciplinary expertise, science and social sciences, virtual reality, AI, science in policy)

•       University of Surrey (Prof. M. Bailey)- (mass spectrometry imaging, analytical and bioanalytical chemistry including molecular identification and structural elucidation)

•       University of Loughborough (Prof. P. Kelly, Dr J. Reynolds, Dr P. Goddard) - (mass spectrometry imaging, analytical and bioanalytical chemistry including molecular identification and structural elucidation, synthesis, including explosive materials, computer modelling)

•       National Physical Laboratory (Prof. J. Bunch) (mass spectrometry imaging, analytical and bioanalytical chemistry including molecular identification and structural elucidation, AI)

•       Dstl - Security Systems Programme (mass spectrometry, explosives, toxicology, operational constraints)

•       YHRSSS - Peter Arnold, Head of Operations

•       NIST (US) Dr Greg Gillen

2. Stakeholders/partners joining the original team after first round of EPSRC panel evaluation

•       CENTRIC - Prof. B Akhgar, Dr H. Gibson - (cybercrime, software engineering)

•       EUROFINS -Dr Jim Thomson (Science Network Lead)

•       Key Forensics - Steve Harrington Strategic Operational Lead for Biology and DNA

•       CellMark - Sue Woodrooffe (introduced by dhartshorne@cellmark.co.uk)

•       Foster and Freeman (Dr Roberto King) (fingermarks and biofluids visualisation, instrument manufacture)

•       CCL - Dr Matthew Tart (cell site analysis)

•       Forensic Access - Dr Philip Avenell

•       CCI - Prof. Itiel Dror, human factors

•       Principal Forensic Services Dr Sue Pope (DNA expert)

•       Aston University - Dr Roberto Puch-Solis, now Uni of Dundee) (statistical modelling, AI)

•       University Of Teesside - Dr Graeme Horseman, (computer/digital forensics)

•       University of Portsmouth - Dr Helen Earwaker, (human factors)

•       LSBU - Dr Steve Bleay (ex CAST Home Office), (fingerprint enhancement and imaging, materials science)

•       University of Surrey - Dr Patrick Sears (former DSTL) (analytical chemistry, explosives)

•       Kings' College - Prof. Kim Wolff, Prof. Denise Syndercombe-Court, Dr Nunzianda Frascione (drug testing, forensic toxicology biological fluids, genetics, statistics and fingermarks)

•       Alan Turing Institute - Dr Anjali Mazumder (AI).

•       Dstl – Security Systems Programme(digital forensics)

•       Scottish Police Authority- Chris Gannicliffe (Lead Biologist)

•       Dr Gillian Tully (former Forensic Science Regulator, now Professor at King's College)

•       Forensic Capability Network ( Dr C. Lovell, Dr V. Burgin, D. Sharp) 

•       INTERNATIONAL:

•  Netherlands Forensic Institute (Prof. M. DePuit and C. Gibbs)

•  University of Lausanne (Prof. Christophe Champod) (fibres, glass) and Prof. Eoghan Casey (digital forensics)

•        Prof. Max Houck (ex FBI) Global Forensic Portfolio Innovator at Florida               International University, Forensic Justice Centre, US

•        NIST (Dr Marcela Najarro, US, Director of MML Forensic Science Research Program)

•        Australia New Zealand Policing Advisory Agency - Dr Linzi Wilson, Wilde OAM –               Director, National Institute of Forensic Science; Mr Dean Catoggio, Assistant               Director, National Institute of Forensic Science

3. Advisory roles

1. Prof. Angela Gallop, Director of the Forensic Science Centre Strathclyde University

2. Prof. Niamh Nic-Daed, Director of the Leverhulme Centre for Forensic Science Research