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Australian and New Zealand Forensic Science Society
Code of Ethics
The members of the Australian and New Zealand Forensic Science Society, being resolved that certain standards of conduct are essential for the proper practice and good standing of their profession, and that a Code of Ethics, although not intended to represent an inflexible set of rules, is desirable to guide their practice of forensic science, declare that:
The practice of forensic science requires the application of science and scientific techniques with the object of providing objective and impartial evidence to assist in the administration of the law.
Compliance with the provisions of this Code will in any particular instance ensure a member the support of the Society.
Non-compliance with the provisions of the Code may be regarded as inconsistent with membership of the Society.
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 practicable, 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
Distinction 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 honestly be 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 persons who have either carried out the work described or have directly or indirectly supervised it. The requirements of this clause are not binding for the purposes of signing certificates of analysis under the New Zealand Transport Act 1962 and the New Zealand Misuse of Drugs Act 1975.
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 in 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 the 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 as 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 might be used in the cross-examination of that expert. To this end, cooperation 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 a 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 shall be rendered where the fee is dependant on the outcome of the examination.
Errors or omissions discovered prior to, during, or after any hearing should be disclosed
This code is used by:
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