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The Code of Ethics
The code of ethics was developed to give a guide to practitioners, students
and customers of forensic scientists. It sets down in plain English what
is expected of a forensic practitioner in examining evidence, giving
results and providing evidence in court.
Scientific Method
- Accepted scientific principals and methods should be
utilised unless a particular investigation requires the use of a novel
method.
- Appropriate methods should be used having regard to
the standard of proof that is required and that can be reasonably
achieved.
- Objectivity should be maintained at all times, from
when examining scenes and collecting items for further examination, to
reaching conclusions based on available evidence.
- Relevant experimental controls should be used and,
where appropriate, results verified by retesting or by the application
of additional or alternative techniques.
- Examination should not be taken beyond the limits of
one’s expertise.
- Where applicable, the physical results of tests,
field notes, test notes, reports and photographs should be retained
for as long as possible or at least during the currency of any
relevant legal proceedings.
Reporting
- Distinctions should be made between the results of
tests and examinations, and opinions based on these. Any pertinent
limitations to the test results and conclusions should be explained.
- Opinions should be expressed in simple, precise and
unambiguous terms.
- Where test results or conclusions are capable of
being interpreted to the advantage of either side in a legal
proceeding, each result or conclusion should be given weight according
to its merit.
- There should be a preparedness to concede that other
opinions, being contrary to or at variance with one’s own can be
honestly held.
- Reference should be made in the report to all items
examined or tested.
- The nature and character of all tests and
examinations should be available to the court.
- Reports will be signed only by the persons who have
either carried out the work described or have directly or indirectly
supervised it.
Pre-Trial Conduct
- Every endeavour should be made to produce the report
in sufficient time before the relevant legal proceedings so as to
enable proper consideration of it, provided that sufficient
notification of the date of legal proceedings has been received.
- On the understanding that there is no property in
expert scientific witnesses, the prospective witness should be
reasonably available for discussion with professional representatives
of all parties involved with the proceedings.
- Any retainer offered should be refused if it is
suspected that a purpose of the offer is to prevent relevant evidence
being presented to a Court.
Conduct in Court
- As far as possible, simple terms should be used when
giving evidence.
- Any attempt made to press the witness to testify as
to matters beyond and/or outside their expertise should be firmly
resisted.
- An objective and moderate manner in giving evidence
should be cultivated.
- In the conduct of giving evidence the witness, upon
request, is under an obligation to disclose all tests and experiments
performed, subject to the directions of the presiding judicial
officer.
- The witness should plainly state opinions as such
and take care to distinguish them from statements of fact.
- The witness should appeal to presiding judicial
officer (in the absence of the jury if the trial be by judge and jury)
if they believe that the manner in which evidence is being elicited is
such to prevent the disclosure of a significant relevant matter or
circumstance.
General Matters
- It is proper to advise a lawyer concerning the
reports and evidence of another expert even though such advice may be
used in the cross-examination of that expert. To this end,
co-operation in the provision of notes/records should be given with,
if desired, the proviso of open consultation and discussion with the
reviewing expert.
- Confidential information received should not be
inappropriately disclosed.
- Media association of an expert’s name with
specific cases or accomplishments, or association of one’s name with
developments, publications or organisations with which that expert
played no significant part, should be discouraged.
- Professional and personal behaviour consistent with
membership of a skilled profession should be observed and colleagues
treated with due respect and inappropriate criticism of them avoided.
- No services should be rendered where the fee is
dependent on the outcome of the examination.
- Errors or omissions discovered prior to, during or
after any hearing should be disclosed.
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Copyright - ANZFSS ABN: 3160 9150 895 Address for Mail: ANZFSS National Branch, Forensic Services Branch, GPO Box 1440, Brisbane Qld 4001
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