Legislating Forensic Integrity: Bridging the Gap Between British Standards and Pakistani Procedures

Keywords: crime scene; preservation; investigation; evidence.

Abstract

Crime scene preservation is a crucial part of criminal investigation and evidence collection. This research appeals to the principles and techniques of crime scene preservation with an analytic comparative vision when it comes to Pakistan and UK. This study demonstrated that in spite of modern and rapidly developing forensic investigation procedures, the requirement is still high for appreciating the worth of these contemporary technologies, such as forensic science and digital evidence documentation, that serve to help supply criminal investigations with evidential integrity. There is a well-integrated legal system as also standard practices with the support of advanced forensic procedures in UK while the challenges faced by Pakistan are those cricketing up on account of its age-old investigation techniques, lack of resources and lesser training. The key laws considered in a local setting are the UK’s Police and Criminal Evidence Act (PACE) to applicable places of Pakistan’s CrPC that were never prohibited but have to be institutionalized and reformed by the second. Recommendations revolve around adoption of modern forensic techniques, keeping law enforcement perpetually in-service as well as resource allocation for management of crime scenes. Meeting these disparities will enhance the efficiency, transparency and trustworthiness of criminal justice systems. In particular, it will focus on curbing the damage done to public trust and justice.

Introduction

A crime scene is a place where a variety of illicit acts have occurred. In order to keep the area free and safe from such offenders, it is crucial to investigate how and why such activities may have occurred in the first place. Scene preservation, which is carried out by law enforcement organizations or units in charge of keeping an eye on the scene, is an extremely important phase in the investigation process about the incident that has taken place Arifi, Besim (2015). With the advent of technologies that allow the analysis of even the most subtle physical characteristics, such as DNA tracking and computer systems for fingerprints, the fundamentals of crime scene investigation have significantly evolved. However, it is accurate to state that the first and most crucial step in evaluating any forensic evidence that may emerge from the lab or in any criminal justice system is still crime scene investigation. In order to ensure that every piece of evidence is gathered and preserved for the benefit of justice, the investigation is typically conducted in a rational and flexible manner based on basic presumption Miller 2010. The location where the incident occurred or where evidence relevant to the incident is found is known as the crime scene, or place of occurrence. The first person on the scene, typically a police officer, is known as the Fist Responding Officer (FRO). They make sure the location is secure and that precautions have been taken to prevent contamination by erecting barricades and limiting access to only essential personnel. They are responsible for finding, securing, and safeguarding fundamental evidence as well as doing the preliminary job of documenting the scene. Before the crime scene investigators arrive, the FRO may be obliged to do basic evidence retrieval if they determine that evidence is likely to be lost. FROs need to be well trained on how to handle evidence in order not to compromise the investigation process. (Zannin & Huber, 2017).

Objectives: The followings are some goals of crime scene preservation:

1. To Prevent evidence from being contaminated, altered, or lost so that it can be investigated in its original state.
2. Emphasize the antiquated techniques employed by Pakistani investigative agencies and their impact on the legal system.

iii. Emphasize the contemporary techniques employed by UK investigative agencies and their beneficial effects on the legal system.

1. To Encourage state investigative agencies to employ cutting-edge methods and tools, such as ballistic science, video recording, and forensic science,
2. to enhance the integrity and dependability of evidence gathered at crime scenes

Literature Review:

Investigation

A crime scene can be defined as the site or location where criminal activity has taken place, which calls for an examination to find out what happened and which causes and mechanisms enabled it to occur. Careful consideration of the crime scene is paramount in the investigative process as well as in the prosecution process where by all means possible; the evidence must be left intact and, in a position, fit for analysis. The law enforcement agencies keep the site secured in its original condition to preserve any samples and physical evidence discovered. Proper preservation blocking or prevention of effects of elements is very important as evidences are keys in tracking and arresting offenders. It also protects the perimeter from any compromises of the investigative processes that take place within that area as well as the evidence collected. (Miller, 2010).

1. Collection of evidence

Once the work at the crime scene is finished, the next stage is collection of evidence in which appropriate attention is given to delicate items. Most of the evidence is packed inside paper tissue; fluids are packed inside sealed, non-spill containers, while fire setting related evidence is put in sealed containers. Any moist evidence should be allowed to dry in the open within a period of about two hours in order to minimize damage to it. Items that are likely to be contaminated include several items that are packaged and labeled. Investigators often employ a vertical approach ensuring they collect very important evidence e.g. fingerprints in a complete manner because more often than not, they have only one go at the scene. (Asiva Noor Rachmayani, 2015).

• Forensic science

While forensic science has made remarkable progress, crime scene investigation is still the most vital activity that augments effective utilization of the evidence. It is important to control and examine the crime places in the pursuit of justice. Good investigation consists of a series of organized steps and allows for the inclusion of all evidence in the scene, its documentation, collection, preservation, and reconstruction. Every particular scene is grateful for the balanced step by step process improved with practice and experience in order to get the desired results. (Miller, 2010).

The proper and timely collection and preservation of microbial forensic evidence is essential for the successful investigation and attribution of the evidence. On the other hand, careless handling, contamination or spoilage may put such analyses to risk. The importance of evidence preservation to the point of over-exaggeration supplants the need for emphasizing the characterization and attribution aspects. The present paper reviews sample handling practices and provides strategies aimed at enhancing microbial forensics, with relevance to NBFAC and other users. (Budowle et al., 2006).

2. Evidence

This scholarly paper focuses on several important concerns relating to the forensic evidence collection from the crime scene. It is posited that the crime scene is perhaps the most important component of an investigation, for it is the starting point of sound forensic science. The article portrays how high-quality evidence which is useful in achieving equity in the criminal justice process can only be tried to reconcile if the scene is attended to properly and professionally. The second explanation regards the fact that the more serious cases tend to involve many more people, and those people are more likely to be from different disciplines (such as law enforcement, medicine, law, and forensic science) and more than one organization (such as health, justice, private legal or medical, and the police). Most of these people tend to have different practices of work and different ideas about what their roles are, or ought to be, when it comes to investigations and court procedures. Based on primary resources gained through conducting interviews with crime scene examiners, police, forensic experts, barristers, and judges from several states in Australia, the article elaborates on the organization of the crime scene. (Julian et al., 2012).

3. The Jurisprudential Evolution of Evidence Integrity

The notion of evidentiary integrity has always been central to adversarial systems of criminal justice administration. In times when English common law depended greatly on oral testimonies, physical exhibits played merely corroborative role. Yet, with a revolution in forensic science brought about by developments in DNA testing, automated fingerprint identification systems (AFIS), et al., a complete change has occurred. Judicial reliability was once ensured through reliable witness accounts and has become dependent on the reliability of tangible or digital items. Consequently, the term “crime scene,” which used to refer to a geographical point of crime occurrence, has acquired a legal significance of a site of scientific truths.

It is argued by the proponents of forensic law that the very admissibility of the forensic evidence depends on its spatial-temporal purity at the stage of collecting such evidence. If the crime scene integrity gets spoiled, the potential value of the evidence collected there decreases dramatically, thus setting the process of judicial mistake irreversibly into motion. Accordingly, the need for legislation on forensic integrity implies transforming crime scene integrity maintenance into something more than just police routine; it should become part of the due process.

Chain of Custody Protocol: A Comparative Legal Safeguard

Chain of custody can be defined as the legal link between a physical piece of evidence collected from the scene of crime and its introduction to the court of law. Every person handling, moving, analyzing or storing the piece of evidence must be recorded. According to modern Anglo-American law, any gap or breach in chain of custody results in the presumption of tampering with the evidence, making the exhibit inadmissible in the eyes of law.

In the United Kingdom, the chain of custody is regulated by strict statutory requirements governing logging, sealing, and monitoring of exhibits. In contrast, chain of custody tends to be seen in developing legal systems as a mere procedural nicety as opposed to a strict legal necessity. The result is the creation of serious flaws in the system. If a lawyer succeeds in showing that a blood sample or a firearm, for example, had been left unguarded in a police lock-up pending lab analysis, then the prosecution fails to establish a scientific basis for its case.

Digital Forensics and Contemporary Challenges in Scene Preservation

The crime scene, in today’s era, has transcended its geographical boundaries into the digital realm. Every crime scene investigation carried out in the present times has volatile data that needs to be collected from smartphones, servers in the cloud, laptops, desktops, or even digital surveillance footage. Isolation of the digital crime scene brings about an entirely different challenge when compared to that of conventional crimes. The digital evidence can easily be deleted, manipulated, or encrypted in just a few moments if the scene is not secured right away.

It becomes mandatory to preserve the digital crime scene according to internationally recognized guidelines. One such guideline includes that the device should immediately be kept inside a Faraday bag to block any network signal immediately after the confiscation of the device. Moreover, the extraction process should always be carried out through means which can ensure that the same data is recovered, such as computing cryptographic hash values to validate data. In the case of countries like Pakistan, where the judicial system is developing, there is often an absence of any statutory guidelines that lead to loss of electronic evidence.

Preservation of crime scenes in Pakistan

The Criminal Procedure Code (CrPC) states that “investigation works on the evidence that requires increasingly scientific tools and modern techniques for collection.” Organizing investigations to crime scenes and refining their scientific methodologies and chain of custody to secure evidence for the perpetrator’s identification will strengthen investigations. Proper investigation is essential to success in criminal proceedings, and effective crime scene investigation is crucial to their resolution. Nonetheless, the majority of local police personnel in Pakistan still lack the tools and training required to properly and methodically analyze crime scenes, including gathering and identifying evidence. As a result, it is critical to adopt and enhance the nation’s crime scene handling practices through capacity building. This page offers an explanation of the existing situation, the techniques that have been implemented, and a recommendation for improving the field. Because forensic involvement in criminal investigations is rare in poorer nations like Pakistan, poor crime investigations cannot always be held accountable. Traditionally, crime scene investigation has been seen as trivial and underappreciated. The lack of contemporary crime-solving tools that are standard in wealthy nations is one of the main causes of Pakistan’s ineffective crime scene processing. However, the situation won’t stay long because the police must now push the bounds of conventional methods due to terrorism, judicial activism, the media, and growing public awareness. Adoption of forensic science is becoming essential to stay up with the developments in crime, even though forensic techniques are not an end in and of itself. Pakistan’s forensic services don’t help the police solve cases.

Impacts on criminal justice system of Pakistan

The predisposition of being beholden to archaic practices of investigation casts a huge question mark on the efficacy of the criminal justice system,” says a nine-page judgement authored by Justice Ayesha Malik. Justice Ayesha was part of a three-member bench presided over by Justice Muhammad Ali Mazhar which rejected a petition against acquittal of an accused in a murder case. “Crime scenes that are not managed adequately and are not based on science will render evidence of poor quality and wrongful acquittal,” it added.

Relevant cases:

1. Saddam Husain vs The State: The Supreme Court of Pakistan’s decision in Saddam Husain v. The State has become a landmark judgment for forensic jurisprudence in Pakistan. This case brought before the court the recurring problem of crime investigation. That is, while the crime itself had taken place, there was no proper securing of the site by the local police and, consequently, there was no taking of immediate photos, nor any handling of crucial biological evidence with necessary protection equipment. Recognizing that this was not an isolated case but rather a widespread trend, the Supreme Court made a set of decisions for the Inspector General (IG) of the Police. Among other things, the Supreme Court has identified the problem with investigation procedures and asked the police to come up with a standardized “Handbook of Investigation” as soon as possible. It was pointed out that the present situation, when oral evidence has been used due to the absence of scientifically secured crime sites, has created a public perception problem regarding the judicial system. The legal implication of Saddam Husain is profound: it signals that the superior judiciary is no longer willing to cover for sloppy, archaic police practices. By demanding a standardized handbook, the court attempted to bridge the gap between the outdated provisions of the CrPC and the modern reality of scientific investigation. However, as this research notes, an administrative handbook cannot fully substitute for parliamentary legislation; it lacks the punitive teeth found in statutory frameworks like the UK’s PACE. (Sadam Hussain.Pdf, n.d.)
2. M. Niaz versus state (2018): In a similar vein, G. M. Niaz v. State (2018) is a prime example of how failure to follow basic forensic preservation procedures leads to the total collapse of the case presented by the prosecution. This happened in a public setting, where the crime occurred inside a local tea shop, making it necessary to preserve the crime scene in spite of the difficulties involved. The defense was able to demolish the prosecution’s case through the discovery of three major failures on the part of the investigative authority: Failure to Collect Contextual Information: The police failed to call and document the statements of the owner and workers of the tea shop, leaving an information gap on the context of the physical evidence. Loss of Integrity in the Chain of Custody: Though the deceased had died two days following a post mortem examination, there was no documented proof of where the bloodstained clothes were kept and by whom they were handled throughout that period. Failure to Collect Baseline Physical Evidence: Failure on the part of the investigating officer to collect and preserve the blood-splattered dirt. (Lawyers, 2016)

Crime scene preservation in UK

The crime scene preservation in UK is governed by various legal provisions and guidelines that ensure evidence integrity and proper handling during criminal investigations. Here are the key legal frameworks and guidelines relevant to crime scene preservation:

1. Police and Criminal Evidence Act 1984 (PACE); Under section 21 and 22 of the Police and Criminal Evidence Act 1984, retention and management of exhibits for the preservation of evidence from loss or damage while having reasonable access for defense examination. PACE emphasizes a proper chain of custody regarding all evidences from the crime scene.
2. Criminal Procedure and Investigations Act 1996 (CPIA); CPIA then established the evidence-related rules to safeguard a person’s right to a fair trial. In this regard, all relevant material obtained in an investigation must be disclosed, including evidence obtained from crime scenes, to the defense. This act provides for access to materials for use in post-conviction appeals or reviews.

iii. Forensic Science Regulator Act 2021; this is the establishment of the acts within which the forensic science regulation obliges itself. The acts include preparation and publication of a code of practice for forensic science activities. Such a code stipulates quality standards with regards to all forensic science activities that bear relevance to criminal investigation.

1. Management of Police Information code 2023 (MoPI); It deals with police records and their retention and evidence in terms of risk management with known offenders. It is also necessary to keep appropriate information to prevent crime and how police forces should manage information emanating from crime scene activities.
2. National Police Chiefs Council (NPCC) Guidelines; the NPCC has set down rules governing the retention, storage, and destruction of items related to forensic examinations. The purpose of these rules is to manage all forensic materials collected during the course of investigating a case, including how long they are to be kept and how they are to be disposed of when they are no longer required.

Comparative Analysis:

In criminal investigations, crime scene preservation is essential, and its effectiveness has legal ramifications. Significant disparities in legislative frameworks, procedural processes, and institutional problems are shown when crime scene preservation practices in Pakistan and the UK are compared. In the United Kingdom, the Police and Criminal Evidence Act 1984 (PACE) and the Criminal Procedure and Investigations Act 1996 (CPIA) establish comprehensive regulations that control the gathering, storing, and handling of evidence while maintaining a chain of custody and appropriate documentation. These are supplemented by the Forensic Science Regulator’s Guidance, which offers procedures for managing crime scenes and preventing contamination. On the other hand, Pakistan’s legislative structure, which is primarily governed by the Pakistan Penal Code (PPC)1860 and the Code of Criminal Procedure (CrPC) 1898, does not specifically handle modern forensic procedures, necessitating an ad hoc application between law enforcement authorities. In terms of procedure, all law enforcement personnel in the UK are required to follow established best practices, which are reinforced by ongoing training and accountability mechanisms. Regrettably, Pakistan has issues with inconsistent regional patterns, little resources, inadequate training, and inadequate tools for efficient crime scene handling. These won’t solve the problems that are already deeply ingrained in the institution. While Pakistan struggles with corruption that continues to undermine public faith even with its criminal justice system, the UK takes pleasure in the public trust fostered by transparency and sound oversight. Such issues must be addressed with broad and sensible legal reforms as well as institutional improvements.

Techniques and Suggestions for Pakistan

1. Safeguarding the Scene and Investigating;
   1. First and foremost, it is crucial to evaluate the situation. When law enforcement officers arrive at a site as first responders, they are typically in charge of creating a perimeter using crime scene tape or other barriers to keep unauthorized people out.
   2. Restricting Access Due to Evidence Contamination: In order to reduce contamination, only those who must be there are allowed access to the site. Every time someone enters and exits the site, a log is frequently kept.

• Organization: The investigating team’s tasks and responsibilities are coordinated from the start of the inquiry by the scene commander or lead investigator, who also oversees the scene’s and the evidence’s preservation.

2. Documentation and preliminary survey:
3. Records and preliminary assessment; the scene is photographed; it is standard practice to take pictures of every background position before moving any objects. This guarantees that the scene has been captured in its untampered state.
4. Videography (when available): Some police departments use the video to enhance the above photographs by creating a complete scene picture.

iii. Sketching: Officers or the forensic unit sketch out the locations of significant pieces of evidence. More in-depth illustrations will probably be released once the stage has undergone additional processing.

3. Obtaining and Preserving Evidence:
4. Methods of Gathering Evidence: Care is taken when gathering evidence. Most frequently, gloves will be used, along with forceps or tweezers if they are available. Digital evidence, trace materials, and biological evidence are ranked according to the type of crime.
5. Packaging: Evidence is packed in appropriate containers, such as plastic bags for other items and paper bags for biological samples. Labels contain the name of the person who collected the evidence, along with the location and date of collection.

iii. Chain of Custody: To guarantee accountability, each item has a chain of custody form that includes the names of all handlers. When presenting evidence in court, this is essential.

1. In regard to the use of Personal Protective Equipment (PPE);
2. Gloves and Masks: Generally, officers and investigators put on gloves and face masks to avoid any form of contamination. Nonetheless, the extent to which the full protective gear is accessible and available differs with location and type of department resources.
3. Scene Containment: In instances where there are chemical hazards or biohazards, officers might wear even more protective gear. Nevertheless, because of resource limitations, full PPE is not always accessible or applied consistently.
4. Forensic Analysis and Evidence Transfer:
5. On-Site Forensic Analysis: Larger cities may have forensic teams that can conduct preliminary tests on-site. However, most evidence is collected and sent to forensic labs for analysis, particularly for major cases.
6. Documentation for Legal Proceedings: All documented evidence, including photographs, sketches, and chain of custody forms, is compiled into a report. This report is critical for use in court and must reflect accurate evidence handling and preservation practices
7. Difficulties in Implementations;
   1. Education Deficiencies: Because of differences in training levels in evidence preservation among officers, some officers may be unable to fully apply modern techniques of forensic evidence preservation.
   2. Limited Resources: Especially in rural settings, the unavailability of modern forensic equipment and protective gear may degrade the quality of evidence preservation.

• Dependence on Paper Work: Since there are often resource constraints in the deployment of digital means, many units still practice hand written record keeping which may compromise accuracy and consistency.

Conclusion

gathering and concluding evidence are essential to a successful criminal investigation, ensuring that the evidence is reliable, intact, and eventually admissible in court. Therefore, this paper illustrates the differences between evidence preservation practices in Pakistan and the UK, highlighting the importance of modern techniques, procedure standardization, and resource availability in preserving the integrity of evidence. Pakistan is hampered by antiquated investigative techniques, inadequate training, scarce resources, and systemic inefficiencies, whereas the UK offers a well-developed legal system, comprehensive forensic science provisions, and public trust. Pakistan must modernize its legal framework for police enforcement training and provide investigative units with advanced forensic equipment. To increase accountability, transparency, and public trust, best practices must be implemented consistently throughout the system. Additionally, that effort is further impacted by the use of contemporary documentation techniques like digital record-keeping and the provision of personal protective equipment. The standard of justice administered is directly impacted by the efficient preservation of crime scenes. As a result, it could take care of all these issues and produce the best possible criminal justice system, making it accessible to the general public and improving the efficiency of resolving crimes.

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