FP66 Response Accepted

Unable to exclude findings

Recommendation

Before a finding of 'unable to exclude' is led in evidence, careful consideration will require to be given to (a) the types of mark for which such a finding is meaningful and (b) the proper interpretation of the finding.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
The Crown Office and Procurator Fiscal Service (COPFS) updated its guidance on the interpretation of fingerprint evidence, ensuring careful consideration is given to 'unable to exclude' findings before they are led in evidence. This reformed practice reflects the Inquiry's finding that fingerprint evidence is opinion, not fact, as reported in 2016. No further published evidence has been identified since 2016.
How was this assessed?
Assessed by gemini-2.5-flash on 24 Mar 2026
Checked data held on this site (government responses, progress updates, independent evidence)
External sources searched: www.gov.uk, www.gov.scot, www.legislation.gov.uk, hansard.parliament.uk
This recommendation asks for cultural or behavioural change, which is difficult to verify objectively. The assessment is based on policy commitments, not measured outcomes.
Jurisdiction
Scotland
Response
Accepted
Accepted Scottish Government
15 Dec 2011

Justice Secretary Kenny MacAskill responded on 15 December 2011, the day after the Fingerprint Inquiry report was published. The Scottish Government accepted the inquiry's recommendations. MacAskill stated: "I am confident that the recommendations from this Inquiry will further enhance these services." The Scottish Police Services Authority began drawing up an action plan to implement improvements in time for integration into the new Police Scotland in 2013.

Published Evidence

Published assessments of implementation progress from inspectorates, select committees, official progress reports, and other sources. Check the source type badge to see whether each assessment is independent or government self-reported.

Confirmed Completed
31 Dec 2016
Crown Office and Procurator Fiscal Service Other

Careful consideration now given to 'unable to exclude' findings before they are led in evidence. COPFS updated guidance on interpretation of fingerprint evidence.

View detailed findings

Reformed practice reflects the Inquiry's finding that fingerprint evidence is opinion evidence, not fact. Both COPFS and SPA Forensic Services adapted practices following the Inquiry.

Fingerprint Inquiry Report and subsequent impleme… View Source
Source
Inquiry Fingerprint Inquiry
Report The Fingerprint Inquiry Report 14 Dec 2011
View Source
Responsible Bodies
COPFS Primary
Themes & Tags
Clinical negligence harms learning Evidence Court Interpretation
Recommendation age 14.3 yrs
Last formal update 5214 days ago