Registration requirements and assessment procedure Drugs Analysis and Interpretation Version 1.0 (April 2011)

Transcription

1 005.1 Version 1.0 (April 2011)

2 Registration requirements and assessment procedure Drugs Analysis and Interpretation The quality requirements formulated in the second paragraph of Article 12 of the Decree on the Register of Court Experts in Criminal Cases in The Netherlands (Besluit register deskundige in strafzaken: Brdis) constitute general criteria on which the assessment of forensic experts by the Netherlands Register of Court Experts (Nederlands Register Gerechtelijk Deskundigen, NRGD) is based. On the basis of the aforementioned general criteria The Board of Court Experts (College gerechtelijk deskundigen, the Board) formulates additional requirements which are specifically tailored for each particular area of expertise. In addition, the Board also specifies the assessment procedure for each area of expertise. This document clarifies the professional requirements which have to be met by Drugs Analysis and Interpretation experts and the specific assessment procedure used by the Advisory Committees for Assessment to evaluate experts who apply for registration in the NRGD. The assessment for all fields of expertise takes place on the basis of information, including documents (such as case reports and evidence) which are, in principle, complemented by an oral examination. In circumstances where the candidate's expertise has already been clearly demonstrated, the oral examination may not be considered necessary. A. Requirements for registration as an expert The general requirements of the second paragraph of Article 12 Brdis are summarized below (in italics) with reference to their respective sub-section. Each general requirement is followed by additional, specific requirements for the field of expertise of Drugs. When no additional specifications are given, the general requirements as stated in the second paragraph of Article 12 of the Brdis are to be considered sufficient for that part of the Article, and no further specific requirements are necessary. Article 12(2) of the Register of Court Experts in Criminal Cases Decree: An application to be registered as an expert in criminal cases in the Register will be granted only if the expert, in the opinion of the Board: 12(2) a. ( ) has sufficient knowledge of and experience in the field of expertise to which the application relates. - function to the equivalent level of a person possessing a University master Degree (for example in chemistry, pharmacy, pharmaceutical science); NRGD April 2011 Page 2 of 9

3 - possess a University master Degree which should contain minimally both Organic Chemistry (12 ECTS 1 ) and Analytical Chemistry (12 ECTS) or an equivalent qualification from a College of Higher Education which should contain minimally both Organic Chemistry (12 ECTS 2 ) and Analytical Chemistry (12 ECTS); - have knowledge of the most prevalent: o drugs as stipulated in list I and II of the Dutch Opium Act (Opiumwet) (occurrence, effects, use); o cutting agents; o (medicinal) products appearing in the drug users market; - thorough knowledge of analytical techniques (both in quality and in quantity) including gas and liquid chromatography, mass spectrometry, infrared spectroscopy and be able to apply these techniques adequately while being acquainted with other related analytical techniques; - have knowledge of the synthetic routes for common synthetic drugs and precursors and the by-products and waste streams deriving therefrom; - have knowledge of the manufacturing of cocaine and heroin, the by-products deriving therefrom and other plant extracts; - have, in the four years preceding the application, interpreted and reported on at least 12 cases, preferably diverse (e.g. research type, different substances which ideally have been reviewed ; In practice, review includes the shadowing/co-signing by another expert who is competent in this field. The other expert does not need to be employed by the same institution. - be familiar with the proposed literature and guidelines (see Annex A) and must keep up to date with developments inter alia regarding new drugs, analytical techniques, the law; - have recent experience in interpreting and reporting cases at the time of applying for registration, which means that the candidate has reported in this field of expertise at least once over the past year. - be able to reply to questions of production process examination and comparative examination in the interpretation stage (see the document Demarcation 3b and 4b); - be able to reply to questions of identification and quantification, trace examinations, production process examination and comparative examination in the stage of the chemical-physical examination (1a, 2a, 3a and 4a); - have knowledge of the possibilities and limitations of the answers to questions within the framework of the interpretation stage of the trace examination. 12(2) b. ( ) has sufficient knowledge of and experience in the field of law concerned and is sufficiently familiar with the position and the role of the expert in this field. - The generic requirements extend to the following: A candidate should have adequate knowledge of Dutch criminal law: o context of criminal law 1 European Credit Transfer and Accumulation System, 1 ECTS = 28 study hours. NRGD April 2011 Page 3 of 9

4 Trias Politica; distinction between civil law, administrative law and criminal law. o criminal law procedure actors in the criminal justice system; (tasks/powers/responsibilities); stage of the proceedings; pre-trail investigation, coercive measures; course of the criminal hearing and decision-making process of the judge; position of the expert in the court procedure. o substantive criminal law Sanctions and grounds for exemption from criminal liability (roughly). o positioning of an expert as a professional Professional codes and related regulations in relation to the NRGD Code of Conduct. - In addition to the general requirements, candidates should have knowledge of the Dutch Opium Act, the European guidelines referring to the Abuse of Chemical Substances (Prevention) Act or a substance related to those legally defined in this legislation (such as designer drugs and cutting agents, chemicals used in production process) the Dutch Medicines Act (Articles 1,18,40) and to keep up to date with relevant case law and related developments. For (foreign) experts considering an application for registration, Article 19 of the Decree regarding the registration of experts in criminal cases, is important. In accordance with the provisions of this article it is possible to obtain a conditional registration should the candidate fail to meet the criteria specified in article 12(2)b. 12(2) c. ( ) is able to inform the commissioning party whether, and if so, to what extent the commissioning party s question at issue is sufficiently clear and investigable in order to be able to answer it on the basis of his or her specific expertise. - have knowledge of the limitations of his own examination and must know when another expert in the same or a different field of expertise should be asked for advice or when follow-up examination must be recommended; - have knowledge of other fields of expertise such as dactyloscopy/dna and the aspects which may affect the own field of expertise (such as the order and planning of the examination). 12(2) d. ( ) is able on the basis of the question at issue, to prepare and carry out an investigation strategy in accordance with the applicable standards. NRGD April 2011 Page 4 of 9

5 - have knowledge of the pros and cons of the various scientific methods applied in the field of expertise, be aware of the possibilities and limitations of these methods, be able to explain them; - have knowledge of the (current) guidelines (see Annex A). 12(2) e. ( ) is able to collect, document, interpret and assess investigative materials and data in a forensic context in accordance with the applicable standards. - be able to take samples in a responsible manner (e.g. safety, contamination and technical protocol such as Drug Sampling (zie Annex A)); - be able to evaluate samples according to the guidelines and the possibility of contamination; - have knowledge of the logistic processes regarding the material for examination (chain of custody). 12(2) f. ( ) is able to apply the current investigative methods in a forensic context in accordance with the applicable standards. - have knowledge of quality and controlling systems for the examination; - have knowledge of the uncertainty of the measurements of his own quantitative examination; - have knowledge of selection procedures for sampling; - be able to modify existing examination methods while preserving validity. 12(2) g. ( ) is able to give, orally and in writing, a verifiable, well-reasoned and welldocumented report on the assignment and any other relevant aspects of his or her expertise in comprehensible terms to the commissioning party. - be able to report to a layman on the interpretation and conclusions (both orally and in writing) and to provide statistical evidence insofar as relevant, on the basis of the results; - be able to formulate hypotheses and interpret results; - be able to indicate the evidential value of the examination (supporting information, assumptions and limitations); - In addition to the required administrative data (principal s name, date of the assignment, date of the report, references of the principal, own references, number and nature of annexes, etc.) a report must contain the following items: o a description of the received material, including information on the date and manner of delivery; o a detailed description of the material under investigation; o any and all relevant background information possibly affecting the interpretation of the results of the examination with notification of when taken and from whom and this information comes; NRGD April 2011 Page 5 of 9

6 o the questions asked by the commissioning party, if at all possible by means of hypotheses, and where relevant the related connected communication; o the examination method(s) applied; o the results of the examination; o the interpretation of the results of the examination; o the conclusions, including the probability scale applied. 12(2) h. ( ) is able to complete an assignment within the stipulated or agreed period. 12(2) i. ( ) is able to carry out his or her activities as expert, independently, impartially, conscientiously, competently and trustworthy. B. Assessment procedure for experts of the field of Drugs Analysis and Interpretation To evaluate whether an expert meets the requirements for Drugs Analysis and Interpretation and is eligible for registration in the register, the NRGD Board prescribes an assessment procedure. To assess the competence of a candidate on the above mentioned requirements the assessment procedure consists of both mandatory and optional elements. In the latter case, the Advisory Committees for Assessment have discretionary power as to which optional elements to be included in the assessment. Mandatory elements: The assessment takes place on the basis of: - general elements as submitted by the candidate as part of the application package; and - evidence of competence as submitted by the candidate, including: A. On all occasions: o a list of at least 12 case reports drawn up in the past 4 years in which the candidate minimally indicates: reference number; type of inquiry: trace examination, comparative examination, or production process examination; type drugs/substances; the main question; the number of additional questions; whether the expert gave evidence regarding this matter in court; which unusual factors were found and made known; whether the report was subject to review; NRGD April 2011 Page 6 of 9

7 o 3 detailed case reports selected by the NRGD from the list of at least 12 reports representing at least one example of report comparative, fibre analysis and production process; o at the candidate s discretion, one detailed case report to supplement the case reports selected by the NRGD. B. If available: o certification of relevant supplementary and/or post graduate training programmes; o proof of all relevant registration; o evidence regarding the professional review of such case reports; an overview of any relevant published scientific articles written by the candidate. Optional elements: The assessment can also take place on the basis of: - Additional information such as research in public information regarding the forensic performance of the candidate in (recent) case law or other detailed reports, if this is considered essential for adequate assessment. Candidates are assessed by an Advisory Committee for Assessment comprising of at least three people. An Advisory Committee for Assessment consists of a lawyer and two substantively qualified forensic experts. NRGD April 2011 Page 7 of 9

8 Annex A: suggested literature and guidelines Registration requirements and assessment procedure Development of a harmonised method for the profiling of amphetamines, deel I-VI (serie) : Aalberg, L. Andersson, K., Bertler, C. Borén, H. (2005). Development of a harmonised method for the profiling of amphetamines I: Synthesis of standards and compilation of analytical data. Forensic Science International (149) 2-3, p Aalberg, L., Andersson, K., Bertler, C., Cole, M.D. e.a. (2005). Development of a harmonised method for the profiling of amphetamines II: Stability of impurities in organic solvents. Forensic Science International (149) 2-3, p Andersson, K., Jalava, K., Lock, E., Finnon, Y. e.a.(2007). Development of a harmonised method for the profiling of amphetamines III: Development of the gas chromatographic method. Forensic Science International, (169) 1, p Andersson, K., Jalava, K., Lock, E. Huizer e.a. (2007). Development of a harmonised method for the profiling of amphetamines IV: Optimisation of sample preparation. Forensic Science International (169) 1, p Aalberg, L., Andersson, K., Dahlén, J., Lock, E. e.a. (2007) Development of a harmonised method for the profiling of amphetamines V: Determination of the variability of the optimised method. Forensic Science International (169) 1, p Andersson, K., Lock, E., Jalava, K., Huizer H. e.a. (2007). Development of a harmonised method for the profiling of amphetamines VI: Evaluation of methods for comparison of amphetamine. Forensic Science International, (169) 1, p Deursen, M.M. van, Lock, E.R.A., Poortman- van der Meer, A.J. (2006). Organic impurity profiling of 3,4-methylenedioxymethamphetamine (MDMA) tablets seized in the Netherlands. Science & Justice (46), p Donnell jr., C. R. (2003), Forensic Investigation of Clandestine Laboratories. Professional Business Solutions, USA: O'Fallon. International Laboratory Accreditation Cooperation (ILAC) (2002). Guidelines for Forensic Science Laboratories. ILAC, Rhodes, Australia. Moffat, A.C., Osselton, D. M. and Widdop, B., (2011). Clarke s Analysis of Drugs and Poisons: in pharmaceuticals, body fluids, and postmortem material. London: Pharmaceutical Press. United Nations Division of Narcotic Drugs (1986). Recommended Methods for Testing Cocaine. New York: United Nations. NRGD April 2011 Page 8 of 9

9 United Nations Division of Narcotic Drugs (1989). Recommended Methods for Testing Lysergide (LSD). New York; United Nations. United Nation Office on Drugs and Crime (2005). Methods for Impurity Profiling of Heroin and Cocaine. New York: United Nations. United Nation Office on Drugs and Crime (2006). Recommended Methods for the Identification and Analysis of Amphetamine, Methamphetamine and their Ring- Substituted Analogues in Seized Materials. New York: United Nations. United Nation Office on Drugs and Crime (2009). Recommended methods for the identification and analysis of cannabis and cannabis products. New York: United Nations. United Nations in cooperation with the Drugs Working Group of the European Network of Forensic Science Institutes (2009). Guidelines on Representative Drug Sampling. New York: United Nations. United Nations International Drug Control Programme (1998). Recommended Methods for Testing Opium, Morphine and Heroin. New York: United Nations United Nation Office on Drugs and Crime (2005). Methods for Impurity Profiling of Heroin and Cocaine. New York: United Nations. United Nations Office for Drug Control and Crime Prevention (2001). Drug Characterization/Impurity Profiling: Background and Concepts. New York: United Nations. Website: NRGD April 2011 Page 9 of 9