In this first episode of the second series of the Today's Family Lawyer podcast host David Opie discusses drug and alcohol testing with Paul Hunter, Technical Director of Forensic Testing Service, and Sarah Branson, a Barrister at Coram Chambers.
The discussion centres around the risks associated with over-reliance on testing data; which may seem a strange topic of discussion for a testing service but as Paul Hunter points out, in many case the evidence provided through testing services simply isn't being appropriately challenged because it isn't fully understood.
Both Sarah and Paul warn against considering testing evidence as an exact science. There are so many factors which can impact test results, we must be careful to use testing results as part of a case, not necessarily as the silver bullet.
In a recent case Sarah identified a range of environmental factors which ultimately impacted the result of a hair strand test. A father was contesting the result of a test which indicated recreational drug use and was at risk of losing his child to foster care. In the case the use of heat to treat hair, in this example hair straighteners, resulted in the appearance of indicators suggesting the use of crack cocaine. The case was successfully defended once it could be proven that heat treatment had caused the appearance of this marker.
Similarly demographics, hair types and colours all impact the adhesion of markers to air so that when it is tested results will vary. Paul points to factors including where the hair is taken from (front, rear or side of head), the length of the sample, the extent to which the strand is protected from the external environment in transit to testing and others as all part of the chain of evidence which can impact the final analysis.
Paul and Sarah are keen to provide greater education around this fast-changing area of science and highlight the risks of testing being considered an exact science, which can ultimately result in miscarriage of justice.
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