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The Fingerprint Bureau: Primary Inspection 2000

3.10 Impact of Operational Decision Making on SCRO

3.10.1 The impact of decisions made in the course of operational policing, such as policy decisions by senior investigating officers (SIOs) in major crime or decisions by operational commanders to have a divisional crime initiative can have significant impact upon SCRO resources. HMIC found that SCRO can be at the mercy of such activity in terms of workload and forces should be ever mindful of the impact such decisions can have at the other end of the process. An example was given of a recent case where many hundreds of crime scene marks had been lifted in the vicinity of a murder. A policy decision had been taken by the SIO in the case not to submit these for examination immediately but to hold them on file pending other lines of enquiry. SCRO staff is aware that this collection of marks is there and might at some stage be submitted for examination but meanwhile they are continuing with other priority work. This is an example of constructive decision-making on the part of the SIO. Similarly, HMIC would support SCRO in their request that forces give consideration to notifying SCRO of decisions to host local crime initiatives, which might significantly increase the SCRO workload. This would allow some form of negotiation and planning to take place. (There are examples where this has happened to good effect.) HMIC recommends that a protocol is agreed between SCRO and forces to ensure that due consideration is given during the planning stages of operations and initiatives, to managing the impact these can have on SCRO.

3.11 Equipment

3.11.1 Fingerprint experts require relatively little equipment to undertake their work, eye-glasses being the basic and most often used piece of equipment. Other important pieces of equipment are less frequently used but are nonetheless necessary to the process. The comparator machine is one such item. The use of this piece of equipment is discussed in some detail in Chapter 5 of this report (paragraph 5.12). HMIC was told that new comparator machines had recently been purchased and staff spoke positively about the enhanced features of the new equipment.

3.11.2 One piece of equipment which staff did raise concern about was the charting Personal Computer (PC), a desk based stand alone, system which had been purchased in 1996 at a cost of £30,000. The purpose of this PC was to assist in the presentation of fingerprint evidence for court purposes. Visual aids are used to explain fingerprint evidence to the court. These visual aids routinely comprise an album containing photographic enlargements of the crime scene mark and the particular fingerprint of the accused, which has been identified as having made that mark. In some cases use is made of a generic display of fingerprints but more commonly these are case specific. Any requests for visual aids in cases involving SCRO fingerprint experts therefore necessitated a request to the Identification Bureau of Strathclyde Police for staff there to develop photographic enlargements of the marks and prints in question. These would then be "marked up" by the fingerprint experts to show the sixteen characteristics, which were identical in sequence and agreement in both the mark and the fingerprint. These sixteen identical "points" would then form the basis on which the identification was founded. Police forces that employ scenes of crime staff, or photographers, and fingerprint experts produce their own photographic enlargements for court purposes.

3.11.3 In order that this process could be undertaken by SCRO staff and reduce the workload of the Strathclyde Police Identification Bureau, the charting PC was purchased for this purpose. The machine produces a digital image of the original photographs and experts "chart" the sixteen points on which the identification is based, by digitally drawing numbered red lines which point to each of the sixteen characteristics.

3.11.4 The concept is sound and should be an efficient means of producing what is simply a visual aid or illustration for use in court. (These enlargements, whether photographic or digital, do not represent the best evidence, which will always comprise the actual crime scene mark or photograph of this mark and the original fingerprint form taken from the person identified as having made the mark.) Experience has shown however that the quality of the digital image produced by the charting PC is not as sharp as a good photographic enlargement would be. As a result, fingerprint experts have found themselves being challenged in court on the quality of the images produced in the photograph album. Lack of detail has led to comments about "pixelling" and the fact that some of the red lines which are intended to indicate "points" actually appear to stop in mid air. This does not mean that the "point" does not exist but results from the digital image not replicating the depth of detail existing in the original mark or print.

3.11.5 As a result of these challenges, HMIC found that some experts have lost confidence in the charting PC and would be reluctant to use it again, preferring to return to the truer image produced in a photographic enlargement. HMIC agrees that staff should be provided with the most accurate representation available to assist them to explain their evidence. Although there now seems to have been a suspension of the use of the PC, HMIC considers it a matter of importance that those responsible for the prosecution case ensure that the best means of producing the most accurate representations are agreed for future cases.

3.11.6 SCRO staff are looking to the early introduction of the electronic means of capturing palm impressions. This facility is not available through the Livescan technology currently in place in Scotland. This is a constant source of frustration to experts. One gave an example of a recent shooting where five out of seven marks were judged to be palm impressions which, currently cannot be searched electronically in SCRO. Such systems exist in other jurisdictions with various levels of effectiveness. A business case for acquisition of a system will need to be established to progress this issue.

3.12 Automatic Fingerprint Recognition (AFR) Terminals

3.12.1 The Automatic Fingerprint Recognition (AFR) System consists of two distinct databases, one of which contains tenprints i.e. fingerprints taken from people who have been arrested, the other containing crime scene marks. Search facilities include:

• Tenprint to tenprint
• Mark to tenprint
• Tenprint to mark
• Mark to mark

There are ten AFR workstations in Scotland. Six are located at SCRO, one at Grampian Police Headquarters in Aberdeen, two at Tayside Police Divisional Headquarters, Perth* and one at Lothian and Borders Police Headquarters in Edinburgh. (See Figure 9).
*Postscript: SCRO has informed HMIC that since the inspection, consultation has taken place with Scottish forces regarding relocation of one of the AFR workstations currently located in Perth and this matter is now receiving attention.

3.12.2 HMCIC was informed that SCRO fingerprint experts sometimes carry out mark to mark checks on AFR in respect of fraud cases or where specifically requested by the investigating officer. Otherwise however, it was stated that the current workload, and backlog, is such that there is insufficient staff to conduct these searches as a matter of routine. It follows that important intelligence and investigative material is being 'lost'. This is an unacceptable position and HMIC suggests that a resource audit is undertaken to determine the appropriate number of AFR terminals for Scotland. While that would provide a basis for a bid for an increased number of terminals, HMIC recommends a review of the current locations of AFR terminals in Scotland with a view to securing improved access. Such action has a clear linkage to the staffing required to undertake the searches and subsequent identification.

Figure 9 - Current locations of AFR terminals in Scotland

3.13 Livescan Terminals

3.13.1 There is now a total of 33 Livescan terminals in operation in Scotland. Table B on page 51 shows their distribution around Scotland. See paragraph 5.4 for discussion of Livescan and its impact on SCRO.

3.14 Fingerprinting Policy

3.14.1 The statutory provision for the taking of fingerprints is given in the Criminal Procedure (Scotland) Act 1995 as amended by the Crime and Punishment (Scotland) Act 1997. Section 18 of the 1995 Act gives constables the authority to take fingerprints from persons in custody and those detained under section 14 of the same Act. The restriction of this authority to the office of constable was unhelpful in that significant police time could be saved if this power was extended to include members of police support staff. Following the introduction of the Crime and Punishment (Scotland) Act 1997, which amended the 1995 Act, Strathclyde Police sought clarification from the Crown Office to ascertain whether this amendment permitted the taking of fingerprints by police support staff. The opinion of the Crown Office was that it did. Section 18(2) of the 1995 Act, as amended, provides that where a person is in custody or detained, "a constable may take from the person, or require the person to provide him with, such relevant physical data, etc..." The words in italics were added by the 1997 Act. The opinion of Crown Office, notified to Strathclyde Police in a letter dated 27 May 1998 was that the word "take" may be interpreted to cover the requirement of an arrestee by a constable to submit him/herself to the process of being fingerprinted. Crown Office regarded the amendment of the 1995 Act to include the words "or require a person to provide him with" as supporting this argument.

3.14.2 Crown Office opinion was stated in the following terms, "Crown Counsel has reached the view, endorsed by the Lord Advocate, that, provided the requirement to provide fingerprints is made by a constable, as defined by the Act, civilian employees may take fingerprints. Any "reasonable force" required in terms of the section, must, however, be exercised by a constable."

3.14.3 Following this opinion, Strathclyde Police notified the ACPOS Crime Standing Committee and the secretariat for that committee circulated the relevant papers in June 1998 to all police forces in Scotland through their representatives on both the Crime Committee and the ACPOS General Purposes Standing Committee which was also considering the need for extending the powers of police support staff in other areas.

3.14.4 This prompt response by ACPOS to receipt of clear Crown Office guidance should have enabled forces to clarify their own fingerprinting policy on the involvement of support staff. HMIC found that staff in all forces remain unclear about the position and most do not use support staff for this function in the belief that there is no legislative authority to do so. HMIC suggests this matter receives renewed attention by all forces.

3.14.5 Many forces now have a policy of fingerprinting everyone taken into police custody. This is good practice. HMIC was aware however that such a policy is not always followed in reality with individual custody officers sometimes deciding which prisoners are fingerprinted. Documenting force policies and raising awareness among officers would assist in highlighting the value of such an approach, which increases the opportunity for detecting crimes that might otherwise remain unsolved.

3.14.6 As discussed in paragraph 3.10, police policies and operational decision making can have a significant impact on SCRO. This is one area where the decision to fingerprint all persons in custody, instead of the more selective policy previously applied, resulted in a substantial increase in the workload of the SCRO Fingerprint Bureau.

3.15 Role and Workload of Force Bureaux

3.15.1 Fingerprint experts are employed by all police forces except Strathclyde Police and Dumfries and Galloway Constabulary. Fingerprint services are provided to both these forces by the staff of the SCRO fingerprint bureau.

3.15.2 As discussed in Chapter 3 (paragraph 3.2.1) of this report, all police forces contribute to the funding of SCRO on a formula determined by the number of crimes recorded in the force area.

3.15.3 As six out of the eight Scottish forces employ their own fingerprint experts to deal with local cases, this results in the funding contributions by forces being disproportionate in terms of the service they receive.

3.15.4 While Strathclyde Police makes the largest contribution, this is proportionate in that this force records the largest number of crimes. Its contribution is not proportionate however in terms of the service it receives from the SCRO Fingerprint Bureau. The force provides only 47% of the contributions from police forces while 94% of the cases submitted to SCRO and 51% of the total tenprints received by SCRO are from Strathclyde Police. Strathclyde Police and Dumfries and Galloway Constabulary therefore rely on the SCRO Fingerprint Bureau to deal with 100% of their cases while the other six forces deal with 100% of their own cases. Northern Constabulary is in the unique position of having only one fingerprint expert. Although this expert performs an expert role for all local cases, his work is passed to SCRO for verification. In that respect this force receives more service from SCRO than the other five, which employ sufficient fingerprint experts to be self-reliant in respect of fingerprint identification. With that exception in respect of Northern Constabulary, the service received by the other forces is limited to the provision and maintenance of the Livescan and AFR service and a paper based national fingerprint collection.

3.15.5 Details of the number of fingerprint experts and their location in Scotland are shown in Figure 2 on page 21 of this report.

3.15.6 The following is a brief summary of the structure and workload of the force bureaux:

Central Scotland Police

The officer in charge of the Identification Branch in Central Scotland Police is a detective sergeant who is also responsible for the Force Intelligence Section. The officer currently in post is a fingerprint expert who continues to perform the expert role. There is a total of four experts in the force. The other three fingerprint experts, all support staff, perform the role of scenes of crime officer in addition to their expert role. The force also has one trainee fingerprint officer with three years experience. In 1999 these fingerprint experts dealt with 1854 marks and made 150 fingerprint identifications (including 76 on AFR).

Dumfries and Galloway Constabulary

This force does not employ fingerprint experts and relies on the SCRO Fingerprint Bureau for this service. In 1999 SCRO dealt with 1238 Dumfries and Galloway Constabulary marks and made 146 fingerprint identifications relating to Dumfries and Galloway cases. The force has a small team of scenes of crime officers under the management of a scens of crime supervisor who is a member of support staff. This is a relatively new role and post. The supervisor is not only responsible for the management of the department but is also trained in the role of crime scene manager, a role previously undertaken by a detective officer. HMIC noted that the supervisor was clearly in charge and acknowledged as such by the senior CID manager. It was also noted that the scenes of crime officers in this force were particularly well trained and qualified. The force had clearly invested in this respect and HMIC acknowledges the commitment to this important area of work. Staff in this unit spoke positively about the service received from the SCRO fingerprint bureau

Fife Constabulary

Fife has a team of three fingerprint experts, all support staff. A senior fingerprint officer who is also a qualified crime scene manager, is in charge of the team. Although located in close proximity to the scenes of crime officers, who come under the charge of a detective sergeant, there is otherwise clear separation between the two functions. The senior fingerprint officer was clearly in charge of the section and again referred to as such by the senior CID officer. At the time of the inspection one of the experts had just transferred to the force from the Royal Ulster Constabulary. A new trainee fingerprint officer had also been recently appointed. HMIC noted the particularly high standards maintained within the identification branch in this force. While assisted by the relatively new facilities and amount of space available, the level of orderliness within the department was a credit to the staff. In 1999 the fingerprint bureau had dealt with 5408 marks and had made 216 fingerprint identifications.

Grampian Police

The Identification Branch is managed by a detective inspector who is not a fingerprint expert. The fingerprint section is led by a senior fingerprint expert who reports to the detective inspector. Because of the dual role of most of the experts as scenes of crime officers there is not a total separation between functions although the head of the fingerprint section clearly had day-to-day responsibility for the management of the section. There were 10 experts in the force at the time of the inspection of whom 7 were working in the fingerprint section. Only one was a police officer. The force has one trainee fingerprint officer. In 1999 the fingerprint bureau dealt with 5497 marks and made 657 fingerprint identifications. It was learned during the visit to Northern Constabulary that the body of a man found in the Highlands had been identified as a result of the painstaking work of one of the Grampian Police fingerprint experts. After circulation of details of the body nationwide, this expert dedicated time whenever possible to the man's identification and, some months after the body was found, succeeded in identifying him as an Inverness-shire man.

Lothian and Borders Police

The Identification Branch is managed by a detective inspector who is a fingerprint expert. The fingerprint bureau has a total of 17 fingerprint experts and 3 trainee fingerprint officers. Fingerprint staff also perform the dual role of scenes of crime officer in this force. In 1999/2000 the fingerprint bureau received 1641 marks and made 519 fingerprint identifications. In 1999 a policy decision was made to fingerprint every person arrested. As a result 17049 people were fingerprinted in 1999/2000 compared with 9915 the year before. The total number of fingerprint identifications rose from 828 to 1336 over the same period. (This total figure includes 817 fingerprint identification made in relation to cheque related cases).

Northern Constabulary

This force employs one fingerprint expert among its scenes of crime team, which is led by a detective sergeant who is not a fingerprint expert. The expert, a member of support staff, also carries out scenes of crime work. In respect of fingerprint comparisons and identifications, his work is verified by staff at SCRO. HMIC found mixed views within the force about the value of employing one expert and the situation is to be reviewed. In 1999 this expert dealt with 935 crime scene marks and made 162 fingerprint identifications which were verified by other experts at SCRO. HMIC found evidence of sound management and leadership within this small department. The detective sergeant, who also performed the role of crime scene manager, had developed an effective performance measurement system, which would allow any drop in performance by staff or by the unit as a whole, to be readily recognised and addressed.

Strathclyde Police

Strathclyde Police Identification Branch is headed by a detective chief inspector who is not a fingerprint expert. The force, as previously discussed, relies on the SCRO Fingerprint Bureau for all fingerprint services. In 1999 SCRO dealt with 31296 Strathclyde Police crime scene marks and made 5248 fingerprint identifications relating to Strathclyde crimes.

Tayside Police

The Identification Branch at Tayside is managed by a detective inspector who is not a fingerprint expert. The force employs 7 fingerprint experts, all support staff, and currently has no trainee fingerprint officers. One of the experts is employed as a scenes of crime officer whose expertise can be called on. The others are full time in the expert role. Five of the present seven experts were previously employed as scenes of crime officers. They do not routinely undertake scenes of crime examination but may be called upon to do so in respect of vehicles which are the subject of crimes reported at Police Headquarters, Dundee and at major incidents. This force has only recently begun to record the number of crime scene marks dealt with, however in 1999/2000 the force's fingerprint experts made 697 fingerprint identifications. This force is the only one to use independent competency testing, namely the United States Collaborative Testing Services Commercial Test, to annually test each expert. They also use the competency tests distributed by SCRO.

3.15.7 There are mixed views regarding a centralised fingerprint service for Scotland (paragraph 2.15 refers). One of the main reasons cited by those opposed to such a move, is the value of having local experts providing a local service and the capacity to prioritise work very quickly. Police officers outwith Strathclyde/Dumfries and Galloway can relate to the situation where local crimes are perceived to have been detected more quickly because of the expediency involved in a local dual-role officer lifting or photographing a crime scene mark, processing it and identifying it within a short space of time.

3.15.8 Such views have to be balanced against the bigger picture where centralisation of all experts could resolve many of the problems faced by SCRO over the last few years. The concentration of resources which centralisation would provide would result in a more resilient fingerprint service at a national level. HMIC considers that rationalisation of the fingerprint service is required and a number of options have been acknowledged (see paragraph 2.15). HMIC supports the view that the benefits of the local provision need to be identified and protected in any change process. This should still be possible by effective management of a centralised structure whether a fully centralised model or a devolved model based on satellite bureaux serving clusters of forces.

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