Legal News

Police publish report on human tissue retention

Your Expert Witness DCC Debbie SimpsonA report into the retention of human tissue following suspicious death or homicide investigations by police forces in England, Wales and Northern Ireland shows there were 492 samples of human tissue held by, or on behalf of police in police premises, hospital mortuaries or other establishments, according to a report by the Association of Chief Police Officers (ACPO). The audit was coordinated by the ACPO lead for forensic pathology, Deputy Chief Constable Debbie Simpson (pictured).

DCC Simpson said: "The police service has a duty of care towards the families of those who die in suspicious circumstances or in homicide cases, to ensure such cases are fully investigated while loved ones are treated with dignity and compassion.

"While policing falls outside of the Human Tissue Act, and in each individual case there will be particular reasons why a tissue sample may be taken and then retained as part of an investigation, it is clear that this is an area where the police service needs to work with criminal justice partners, including coroners, pathologists and defence experts, to ensure that we adopt and follow good practise.

"Protecting the interests of families affected has been central to this audit process. I will continue to work with our partners on behalf of the police service to ensure that we address the recommendations within this report."

The Police Service of Northern Ireland had kept most items, with 76 retained from 67 cases. On 21 May the NI Justice Secretary David Ford made a statement to the Northern Ireland Assembly in which he apologised for the distress caused to the bereaved families for the fresh pain they have suffered, and confirmed that he will review the support arrangements put in place in Northern Ireland for those families. Mr Ford said: ""I will be considering the most appropriate mechanisms for delivering this in consultation with other relevant organisations. I have already been in contact with the Human Tissue Authority, Criminal Justice Inspection Northern Ireland and Her Majesty's Inspector of Constabulary to open discussion on the best approach."

It was admitted that some items had been disposed of without the consent of the families.

The holding of human tissue for criminal justice purposes is outside the scope of the Human Tissue Act, but they are often held on licensed premises which are subject to the Act's provisions. In many cases expert witnesses for both prosecution and defence require access to such evidence, further complicating matters.

Medical Secretary of the Coroners Society of England and Wales, Dr Roy Palmer, said: "The findings of this report illustrate the problems that arise when the purposes and the appropriate authority for retaining human material at forensic autopsy are less than clear. Families affected by the findings of this report are likely to have faced renewed upset in learning that material may have been retained without their knowledge but this review is an important step in assessing and understanding the current picture nationally and provides police services, pathologists and coroners with an opportunity to learn how to improve our processes."

Scotland was not included in the audit as evidence in Scottish cases is held on the authority of the Procurator Fiscal and not the police.