Date 2007.08.21

Letter from the FSS

Destruction of Samples

Investigating officer. Stuart Prior

A  –  Perishable samples.

Certain samples constitute a potential health risk. With the concurrence of the Home Office, it has been decided that such samples will not be submitted to the courts unless specifically requested by the Defence. (This is an extension of the procedures for the disposal of blood samples previously agreed by the Lord Chief Justice, the Director of Public Prosecutions and the former Chief Metropolitan Magistrate.

The laboratory has examined one or more of the samples listed below. They will not be returned to you but will be destroyed in due course unless we are requested by the Defence to preserve them. You should notify the Defence solicitors in accordance with Home Office circulars 40/73 and 74/82 which allow a period of 21 days in which notice in writing must be given, by the defendant or his legal representative to the laboratory to prevent the samples being destroyed.

– Blood samples.
– Saliva samples.
– Swabs from body orifices.
– Other swabs bearing potentially hazardous material.
– Vomit, faeces, urine, etc.

The above list includes perishable personal samples, the destruction of which is required by Section 64 of the Police and Criminal Evidence Act (1984).

B  –  Non-Perishable samples

The destruction of other, non-perishable personal samples is required by Section 64 of the Police and Criminal Evidence Act. These include:

– Control head hair samples.
– Control pubic hair samples.
– Finger nail samples.
– Casts- e.g of teeth or feet.

Except as below those non-perishable personal samples are returned to you as parts of exhibits for production at court, etc. The laboratory is not responsible for their destruction.

The part of these samples which were removed for examination, will be retained by the laboratory for the period of time as specified in the MOU for Retained Materials (3, 7 or 30 years) from the date of this notice to allow access to other legitimate parties. After this period, in the absence of written instruction to the contrary, the retained samples will be destroyed and a record made of their destruction.

Signed.

Dated 21st August 2007.

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