Putting on my other hat as a magistrate chairman, any results that turn up in court have to be from a Home Office accredited laboratory and with full chain of custody. This is usually filtered out by the prosecuting lawyer at CPS, as they do not want the expense of going to court with a set of results that will be thrown out and incur them costs.This does not stop inexperienced officers going on fishing expeditions.
In 25 years on the bench I cannot recall having any results presented from ordinary DGHs. The lack of a properly validated chain of custody would simply render the case untenable.
Jan
Mrs. J. Still,
POCT Manager,
Biochemistry Dept,
Watford General Hospital. 01923-217998.
The views expressed in this message are personal and do not reflect West Herts NHS Hospitals Trust policy.
--- On Mon, 3/8/09, IAN WATSON <[log in to unmask]> wrote:
> From: IAN WATSON <[log in to unmask]>
> Subject: Re: Police seizure of samples
> To: [log in to unmask]
> Date: Monday, 3 August, 2009, 12:04 PM
>
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> Definitely
> not! The individual concerned
> would need to give their consent and the sample subject to
> Chain of Custody
> procedures and the assay used would need to be
> defensible.
>
>
>
>
> There is a
> conflict if the police claim
> that refusal will affect their investigation of a crime and
> I found recently
> that this resulted in conflict with the RCPath guidelines.
> I resolved this, as I
> have done in the past by requesting that a senior police
> officer obtain a court
> order.
>
>
>
>
> I referred
> this case to the Director of
> Prof Standards at the College, but have still to hear of
> any change in the
> advice offered
>
>
>
>
> Ian
>
>
>
>
>
>
>
>
>
> Dr Ian D
> Watson
>
> Consultant Biochemist
> & Toxicologist
>
> Dept Clinical
> Biochemistry
>
> University
> Hospital
> Aintree
>
> Lower
> Lane
>
> Liverpool
>
> L9
> 7AL
>
> Tel +44 151 529
> 3575
>
> Fax +44 151 529
> 3310
>
>
>
>
> Fundamentals of
> Analytical Toxicology
> recently published:
>
> http://eu.wiley.com/WileyCDA/WileyTitle/productCd-0470319356.html
>
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>
> From:
> Clinical biochemistry discussion list
> [mailto:[log in to unmask]]
> On Behalf Of
> Paul Collinson
>
> Sent: 03
> August 2009 10:31
>
> To:
> [log in to unmask]
>
> Subject:
> Police seizure of samples
>
>
>
>
>
> Here is one for
> general comment
>
>
>
>
> I was contacted
> by the ED as the police wished to add an
> alcohol level to an SST sample for medicolegal alcohol
> measurement and then
> seze the sample and results.
>
>
>
>
> I would
> appreciate knowing what other labs do and has there
> been a change in the law?
>
>
>
>
> With best
> wishes
>
>
>
> Paul
> Collinson
>
> Consultant
> Chemical Pathologist
>
> St
> George's
> Hospital
>
>
> Blackshaw
> Road
>
>
> London SW17
> 0QT
>
> 0208 725
> 5934
>
> sec 0208 725
> 5923
>
>
>
>
>
>
>
>
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