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9 THE PATHOLOGIST AND THE DEFENCE
9.1 Standard
The pathologist will:
a) make a reasonable attempt to attend any additional autopsy made by a pathologist retained on behalf of any person charged in relation to the death (the 'defence pathologist')
b) make available to that defence pathologist a copy of any locus or autopsy report if requested, unless otherwise instructed by the Procurator Fiscal
c) ensure that the existence of all the material in the pathologist's possession and any report arising from any further pathological investigation is, on request, and with the knowledge of the Procurator Fiscal, disclosed to any defence pathologist
d) where necessary, advise the Procurator Fiscal and the police on any necessary measure which should be taken to preserve the body.
9.2 Code of practice
Although this code has been written primarily from the standpoint of the pathologist acting for the prosecution, practitioners should also be aware of the needs of lawyers who may be called upon to defend an accused person.
Where a second autopsy is to be carried out, pathologists acting on behalf of the COPFS should, if requested, share all the information that they have obtained, whether or not they have concluded that it provides an explanation for the death. The initial autopsy may have caused changes to the body that will obscure findings made during the course of that examination. It may also prevent the observation of other significant features. There is also a clear responsibility to avoid any interference with the body unless it is necessary to reach a proper understanding of the death.
In order to facilitate an autopsy examination conducted on behalf of the defence, pathologists acting on behalf of the COPFS must ensure that all pathological specimens retained following the first autopsy have been preserved under the best possible circumstances. These specimens must be made available to the defence pathologist. If they are retained after any defence examination, possession of these productions must remain with the pathologist acting on behalf of the COPFS unless otherwise directed by the Court or by agreement with the Procurator Fiscal.
If, during the second autopsy, a previously unrecognised finding is discovered by the defence pathologist, this should be recorded as appropriate and discussed with the pathologist who carried out the first autopsy.
Forensic pathologists acting on behalf of the COPFS will themselves, on occasion, be called on to act for the defence. While the circumstances may be different, in that the pathologist will usually be examining a body on which an autopsy has already been performed, as far as possible the same high standards must be applied to any examination undertaken.
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