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What Questions Should I ask a Expert Witness about Hair Testing?

It is imperative to the integrity of the test that an Expert Witness is able to clearly explain every aspect of the analysis. Here are some questions that should be put to an Expert Witness, which can demonstrate the competency of a laboratory, and help to ensure a robust and legally defensible test result is presented to the court.

• Does the Expert Witness work at the laboratory where the sample was tested?
• Is the laboratory that carried out the analysis based in the UK, and does it have accreditation to ISO/IEC 17025:2005?
• How much experience do you have in the field? How long has the testing laboratory been analysing hair samples?
• How is the chain of custody maintained with the samples you analyse?
• Are the Expert Witnesses experienced?

1. Does the Expert Witness work at the laboratory where the sample was tested?
   For an Expert Witness to have an in depth knowledge of the analytical procedures performed on a sample, and the chain of custody imposed, they should be based at the laboratory performing the analysis. The Expert Witness can therefore track the sample, from receipt, through its analysis and request further detail or reanalysis if they feel this is required, in order for them to confidently report the testing results. Some organisations send their samples abroad to be analysed and employ scientists from another company to report on that data. This could create a hurdle in gaining direct consultation with the Expert Witness who wrote the report.
   
   Our Expert Witnesses specialise in hair drug and alcohol testing,  are based at our laboratory in Cardiff, and have access to all of the samples and data involved in each case. Expertise is shared within the team of Reporting Scientists in order to provide an accurate, robust result. We offer direct consultation with a member of our team of Reporting Scientists to help guide you through the results and answer any questions you may have.


2. Is the laboratory that carried out the analysis based in the UK, and does it have accreditation to ISO/IEC 17025:2005?
   Home Office Regulations for Police Authorities (and most regulatory bodies such as the Railways Safety and Standards Board) stipulate that drug testing must be carried out by a laboratory accredited and independently audited to ISO/IEC 17025:2005 standards. In the UK this is the sole responsibility of UKAS (no third parties) and abroad by similar organisations who are members of ILAC. Certification to ISO 9001 (usually checked by a third party with UKAS accreditation to do so) covers internal quality management procedures but not the technical competency to perform analytical tests for substance misuse, for example.
   
   Concateno's staff, laboratory instruments and processes are independently audited by UKAS to ensure that they conform to the ISO/IEC 17025:2005 international standard. We have a full-time Quality Assurance team and run daily quality controls which maintain our adherence to producing a test result that will be the most robust and legally defensible result possible. Other companies may send samples abroad for analysis to laboratories not accredited to test for drugs in hair to ISO/IEC 17025:2005 standards. For more information on accreditation and quality, click here.
 

3. How much experience do you have in the field? How long has the testing laboratory been analysing hair samples?
   An Expert Witness who is based at the testing laboratory and who sees the results of thousands of hair samples annually will build up considerable first-hand experience and knowledge about the interpretation of the results.
   
   Concateno's child protection division, TrichoTech has been analysing hair samples for drugs since 1993, conducting tests on over 35,000 hair samples each year and issuing more than 500 Expert Witness Reports monthly. As we analyse such a high volume of hair samples with such sensitive tests, our reference database is unrivalled in the field and provides you with a powerful ally in any court testimony. Other companies test significantly fewer samples than we do and employ Expert Witnesses outside of the laboratory used.


4. How is the chain of custody maintained with the samples you analyse?
   The chain of custody can be challenged as part of court proceedings. For that reason, it is imperative that a laboratory has procedures in place to ensure that the integrity of the sample is maintained.
   
   We use tamper evident chain of custody packs to seal donors samples in until they reach us; all seals are checked more than once as part of our testing procedure. Details are outlined in our Expert Witness Reports. We maintain a strict chain of custody in both sample collection and laboratory analysis, assigning each sample a unique reference number and recording the tests performed and the scientist responsible.


5. Are the Expert Witnesses experienced?
   Each hair analysis that is performed is unique, and each case is different. In order to ensure that your Expert Witness provides a confident and scientifically sound interpretation of the results, ensure your Expert Witness has a background of dealing with similar analyses and legal cases. Our Expert Witnesses specialise in hair drug and alcohol testing, write over 500 reports every month, and frequently attend court hearings to provide evidence in care proceedings where a hair analysis has been used.

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