UK Parliament / Open data

Forensic Science Regulator and Biometrics Strategy Bill

It is a great pleasure to follow my hon. Friend the Member for Montgomeryshire (Craig Williams). Before I address the provisions of the Bill, I would like to echo the words of the Minister in his point of order before the debate. As I have said in the House before and no doubt will say again, my father served in the Metropolitan police for more than 30 years. He was able to retire to his family. After last night’s events, one police officer will not be able to do that. That hurts our country, it hurts this House and it hurts the police family, of which I am a part. It also underpins what we are talking about today. We send police officers out in all circumstances for all sorts of reasons, and they deserve a criminal justice system and a Forensic Science Regulator that underpin what they do and the risks they take.

I very much welcome the Bill, and I congratulate the hon. Member for Bristol North West (Darren Jones) on promoting it. I also thank my hon. Friend the Member for Bolton West (Chris Green) for his work and welcome the cross-party debate and work to get this Bill into law. I welcome the establishment of the Forensic Science Regulator as a statutory office holder, which underpins the service very effectively. Cost is a valid issue to debate, but the value of this to victims and also to the accused, where we can adduce evidence to prove their innocence, is worth an investment of some magnitude, particularly given the advancement of science in this area.

I welcome the fact that the regulator will be able to exercise its functions across the justice system in England and Wales, and that the Bill includes a power for the Secretary of State to extend its remit by regulations if

necessary. I also welcome the fact that the regulator will be required to publish and keep under review a code of practice, subject to the approval of Parliament, which of course is very important in itself. Among its other powers, the regulator will be able to investigate and take enforcement action in relation to forensic science activities carried on in a manner that risks prejudicing the course of legal proceedings.

As I say, I am the daughter of a police officer. My dad did not really get involved in forensics, but he was involved in the technicalities, I suppose, of trying to solve crime. I remember him telling me about a man who was accused of murdering his mother. The man said he was at work at the time; that was his alibi. My father had to test that alibi by doing the relatively simple thing of finding a similar car and driving around, from the man’s workplace to the murder scene, to see whether it was possible to for that to be a workable alibi. He said it was not. The accused was never convicted, but my father always took the view that he got away with it on that occasion.

I think it is clear to us all that technology is advancing so much that the legislative framework needs to move, too. The point was made that biometrics is a whole new issue that perhaps needs to be included in a wider study. There are studies going on, and I welcome the fact that we will look at biometrics—the risks, the opportunities and the management of the data associated with it; the issues of privacy and civil rights that go along with that—in another forum and bring this all together in another Act.

As I say, I have had experience as a magistrate, albeit not as much as I would if I were sitting in the Crown court. Forensics has a fine history in this country, and we see it in our courts every day. It surprises me that fingerprint evidence was first accepted in British courts as long ago as 1901, which seems very early, although I suppose in the scheme of things it is almost unbelievable that we have moved on as far as we have.

The “jigsaw murders” were the first complex case solved by DNA evidence, back in the 1930s. The accused was the improbably named Buck Ruxton of Lancaster. The details of the case are not pleasant—although perhaps they are not as grisly as the Minister’s German hands incident—but it serves to emphasise how long this has been an issue. Forensic techniques were used in examining the cadavers; the life cycle of maggots was adduced to help prove where and when the victims were murdered, and other forensic techniques were able to prove that the victims were linked and that Dr Ruxton had killed them both. I am told that that case is very well known in forensic circles and that it is quoted often.

Let me fast-forward 50 years to the 1980s and a case that is much more famous for us all: the terrible story of two 15-year-old girls. The first girl took a shortcut on her way home from babysitting instead of her normal route home. She did not return. After a long search by her friends and neighbours, she was found raped and strangled on a deserted footpath. Using the techniques available at the time, police found that a sample taken from her body would match only 10% of males, but there were no other leads. As the Minister pointed out, good policing is still at the core of what we do, but there was a dead end for the police at that point.

Not long after, a second 15-year-old girl went missing. Two days later, her body was found in a wooded area, also savagely beaten, raped and strangled. The DNA evidence matched that of the first attack. At that point, a suspect was identified—a 17-year-old boy with learning difficulties who, under questioning, admitted to one of the murders.

Just after that, Alec Jeffreys, a genetics researcher at the University of Leicester who had developed DNA profiling with Peter Gill and Dave Werrett of the Forensic Science Service, did some more analysis. Using their techniques, Jeffreys compared samples from both murder victims against a blood sample from the 17-year-old boy and conclusively proved that both girls were killed by the same man, but not by the young suspect. He became the first person ever to have his innocence established by DNA fingerprinting. We cannot under estimate how important that is to the justice system. It is not just about convicting the guilty; it is about proving the innocence of people who might not otherwise have the capacity to do so themselves.

In an interesting twist, about a year later a lady overheard a man in a pub boasting that he had given a sample. Men in the area had been asked to offer samples and 5,500 men did so. The man said, “I did it for my mate because he didn’t want to get involved.” She reported that to the police and that man was the perpetrator. He was convicted of a double murder and, thankfully, is still in prison to this day.

DNA fingerprinting and forensic science have a long and esteemed history in our justice system. Long may it continue, and long may it continue underpinned by this Bill. Even yesterday, we could read in the paper about a burglar who was recently convicted of burgling an elderly man’s house. The police found a half-eaten biscuit at the scene of the crime. Who leaves a biscuit half eaten anyway? I don’t understand that! [Interruption.] The greed of the perpetrator meant that not only did he steal from the elderly gentleman, but he raided the cupboard and left a biscuit on the side. That enabled the police to capture his DNA and to capture another prolific burglar. It is a terrible, violating crime. The burglar was imprisoned just a couple of days ago because of that good work.

Type
Proceeding contribution
Reference
680 cc1286-8 
Session
2019-21
Chamber / Committee
House of Commons chamber
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