Mitting J discussed the use of facial mapping expert evidence: ‘We do not however wish to pass from this appeal without making general observations about the use of facial imaging and mapping expert evidence of a reliable kind. Mr Harrow, like some other facial imaging and mapping experts, said that comparison of the facial characteristics provided ‘strong support for the identification of the robber as the appellant’. No evidence was led of the number of occasions on which any of the six facial characteristics identified by him as ‘the more unusual and thus individual’ were present in the general population, nor as to the frequency of the occurrence in the general population of combinations of these or any other facial characteristics. Mr Harrow did not suggest that there was any national database of facial characteristics or any accepted mathematical formula, as in the case of fingerprint comparison, from which conclusions as to the probability of occurrence of particular facial characteristics of combinations of facial characteristics could safely be drawn. This court is not aware of the existence of any such database or agreed formula. In their absence any estimate of probabilities and any expression of the degree of support provided . . ..must be only the subjective opinion of the facial imaging or mapping witness. There is no means of determining objectively whether or not such an opinion is justified. Consequently, unless and until a national database or agreed formula or some other such objective measure is established, this court doubts whether such opinions should ever be expressed by facial imaging or mapping witnesses. The evidence of such witnesses, including opinion evidence, is of course both admissible and frequently of value to demonstrate to a jury with if necessary enhancement techniques afforded by specialist equipment, particular facial characteristics or combinations of such characteristics so as to permit the jury to reach its own conclusion . . .but on the state of the evidence in this case, and if this court’s understanding of the current position is correct in other cases too, such evidence should stop there.’
Judges:
Mitting J
Citations:
[2003] EWCA Crim 1001
Jurisdiction:
England and Wales
Cited by:
Cited – Atkins and Another v Regina CACD 2-Oct-2009
The court considered the use in evidence of facial photograph comparison techniques. The expert had given an opinion that the comparison gave support to a conclusion that the photograph in issue was of the defendant, but there was no database . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 26 August 2022; Ref: scu.375587