Low copy number DNA analysis should only be dangerous for the guilty, says Charles Foster
Until the Omagh bombing case (see R v Hoey [2007] NICC 49), low copy number (LCN) DNA analysis was seen as the magic bullet in the prosecutors’ armoury. But it ricocheted off Sean Hoey, causing damage and alarm in the prosecutorial camp. The internet anarchists are delighted. The failure of LCN is seen as a failure of the entire criminal process—an impression bolstered by Mr Justice Weir’s robust denunciation of some of the investigating officers in Hoey.
LEARNING LESSONS
The authorities moved fast after judgment was given in Hoey. On the same day, the Association of Chief Police Officers wrote to chief constables, recommending an immediate interim embargo on the use of LCN in criminal investigations in and . This was to give time to learn the lessons of Omagh. The Crown Prosecution Service (CPS) reviewed all current cases involving LCN. It completed that review on 21 January 2008, concluding that “the
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