Response

The Scottish Police Authority has considered your request under the Freedom of Information (Scotland) Act (FOISA).

Our response to each part of your request is provided below.

A. The type of examination (please be specific about the particular technique used).

B. What the results of the examination were (please include the details summarising the findings).

C. The date the examination was carried out.

D. The laboratory where the examination was undertaken.

In terms of parts A to D, the Authority can confirm that information is held by SPA Forensic Services, some of which is provided in the Appendix.

Some of the information is considered exempt from disclosure. The information relates to a specific case and is held by SPA Forensic Services for the purpose of an investigation, which was subsequently subject to criminal proceedings.

This exemption is “class-based”. This means that the exemption applies if the information falls within a particular class of information. Unlike other exemptions we are not required to demonstrate that disclosure would cause harm. However, we are required to apply the public interest test.

Public Interest Test

The public interest in favour of disclosure of the requested information:

• The Authority recognises the public interest in allowing the public to have a complete understanding as to how investigations were conducted.

The public interest factors in favour of maintaining the exemption being:

• The information relates to a specific case which has been subject to court proceedings and appeal. It is considered that the public interest is served through these court hearings under established judicial process.

• To place information detailing the outcome of forensic examination into the public domain, outwith established judicial processes, has the potential to undermine any further review.

• Disclosure of forensic information to third parties, other than in the course of criminal proceedings, could damage public confidence in SPA Forensic Service’s ability to provide an appropriate service to the criminal justice sector in Scotland.

• There are established processes in statute and at common law for the disclosure of evidence in criminal proceedings, for example, the Criminal Justice and Licensing (Scotland) Act 2010, Part 6. SPA Forensic Services also has an established process through the Defence Access Policy to ensure that defence agents and independent forensic science experts have consistent, fair and transparent access to productions and specific information held by Forensic Services. The public interest lies in maintaining and protecting these established routes to support the effective conduct of the criminal justice system and ensure the security of sensitive forensic information.

• The Scottish Criminal Cases Review Commission is a dedicated statutory body which investigates alleged miscarriages of justice. The Commission has significant powers to recover evidence from policing bodies. Where sensitive, case specific, forensic information is sought, it is considered that the public interest is better served by exercise of the Commission’s powers than disclosure of information into the public domain through FOISA.

While we appreciate that you may have a specific interest in the information held, the Authority considers that the wider public interest test does not support the release of case specific forensic information into the public domain outwith the judicial process. Therefore, on balance, our conclusion is that maintaining the exemptions outweigh that of disclosure.

In terms of DNA or fingerprint examinations, SPA Forensic Services does not hold information. At the time of the original investigation such examinations may have been carried out by Northern Constabulary Scene Examinations or outsourced to other forensic service providers. Information may be available by contacting Police Scotland at foi@scotland.police.uk

1. If a forensic examination was planned / requested but not undertaken, please include the reasons why this did not happen.

SPA Forensic Services holds no record of any examination requested that was not carried out.

1. If any forensic examination was carried out in connection with a named law enforcement operation, please state its name (for example, the cold case review of Mr Mahmood's murder was entitled Operation Azure).

Information held by SPA Forensic Services relates to forensic examination carried out for the original investigation, operation name unknown, and the subsequent cold case named Operation Azure.

I would like to request this information from the investigation of Mr Mahmood's murder and any other crimes or enquiries the casing was examined in connection with. This could include crimes that were committed before the murder of Mr Mahmood. It could also includes examinations that took place since the 2008 conviction for Mr Mahmood's murder.

SPA Forensic Services holds no record of forensic examinations of the casing and bullet in relation to other cases.