Professional Documents
Culture Documents
MEDICINE
Professor CEDRIC KEITH SIMPSON CBE (1907–1985) MD (Lond), FRCP,
FRCPath, MD (Gent), MA (Oxon), LLD (Edin), DMJ. Keith Simpson was the first
Professor of Forensic Medicine at the University of London and undoubtedly
one of the most eminent forensic pathologists of the twentieth century. He spent
all his professional life at Guy’s Hospital, and he became a household name
through his involvement in many notorious murder trials in Britain and over-
seas. He was made a Commander of the British Empire in 1975. He was a superb
teacher, through both the spoken and the printed word. The first edition of this
book appeared in 1947 and in 1958 won the Swiney Prize of the Royal Society of
Arts for being the best work on medical jurisprudence to appear in the preceding
ten years.
Professor Simpson updated this book for seven further editions. Professor
Bernard Knight worked with him on the ninth edition and, after Professor
Simpson’s death in 1985, updated the text for the tenth and eleventh editions.
Richard Shepherd updated Simpson’s Forensic Medicine for its twelfth edition
in 2003. Jason Payne-James and Richard Jones have updated the 13th and this
edition.
SIMPSON’S FORENSIC
MEDICINE
14th Edition
Edited by
Professor Jason Payne-James, LLM, MSc, FFFLM, FRCS,
FRCP, FCSFS, RCPathME, FFCFM(RCPA), DFM, LBIPP, Mediator
Specialist in Forensic & Legal Medicine & Consultant Forensic Physician
Honorary Clinical Professor, William Harvey Research Institute
Queen Mary University of London
Consultant Editor-in-Chief, Journal of Forensic & Legal Medicine
Lead Medical Examiner, Norfolk & Norwich University
Hospital NHS Foundation Trust, Norwich
Director, Forensic Health Services Ltd, Southminster, United Kingdom
CRC Press
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Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification
and explanation without intent to infringe.
Names: Payne-James, Jason (Forensic physician), editor. | Jones, Richard (Forensic pathologist), editor.
Title: Simpson’s forensic medicine / edited by Professor Jason Payne-James and Dr. Richard Jones.
Other titles: Forensic medicine
Description: 14e. | Boca Raton : CRC Press, 2019. | Preceded by Simpson’s forensic medicine / Jason Payne-James
… [et al.]. 13th ed. c2011. |
Includes bibliographical references and index.
Identifiers: LCCN 2019014218| ISBN 9781498704298 (pbk. : alk. paper) | ISBN 9780367333195 (hardback : alk.
paper) | ISBN 9781315157054 (ebook)
Subjects: | MESH: Forensic Medicine
Classification: LCC RA1051 | NLM W 700 | DDC 614/.1--dc23
LC record available at https://lccn.loc.gov/2019014218
v
About the authors
Jason Payne-James and co-edited a large number of internationally
is an independent recognised publications including the first and
Specialist in Forensic second editions of the Encyclopaedia of Forensic
and Legal Medicine and Legal Medicine; Forensic Medicine: Clinical
with a range of and Pathological Aspects; Symptoms and Signs of
research and clini- Substance Misuse (1st, 2nd and 3rd editions); he co-
cal interests. From authored the Oxford Handbook of Forensic Medicine
a clinical perspec- and co-edited Age Estimation in the Living and Current
tive, Jason has been Practice in Forensic Medicine (1st and Volumes);
a forensic physician and Monitoring Detention, Custody, Torture and
for almost three Ill-treatment. He designed the ForensiGraph and the
decades. Previously, ForensiDoc App.
he worked in hospital
medicine, predomi-
nantly in surgical, Richard Jones is a
trauma and gastroenterological specialties. He taught forensic pathologist
anatomy at the London Hospital Medical College. His w ith a particular
interests include injury, wound and scar documenta- interest in education,
tion and interpretation, imaging of injury and scars, and is a Fellow of the
clinical and ethical aspects of healthcare in custody, Higher Educat ion
complaints against healthcare professionals, forensic Academy. He is com-
evidence collection, restraint and less-lethal systems, mitted to providing
miscarriages of justice, harm and death in custody and educational materi-
torture. als in forensic sci-
He has published on a wide range of subjects includ- ence, medicine and
ing healthcare in custody, torture, death in custody, pathology to a broad
use-of-force, TASER photo-documentation and irri- aud ience on l i ne,
tant spray. He acts an expert witness in these areas in including via a web-
the UK and overseas. Jason was President of the Faculty site ‘Forensic Medicine for Medical Students’ www.
of Forensic & Legal Medicine of the Royal College of forensicmed.co.uk. In addition to co-authoring the
Physicians (2015–2017); Present of the World Police 13th Edition of Simpson’s Forensic Medicine he has
Medical Officers (2011–2014); he is Honorary Clinical published peer-reviewed articles in the forensic med-
Professor at the William Harvey Research Institute, ical literature, including on the development of teach-
Queen Mary University of London; external Consultant ing for medical students on safeguarding vulnerable
to the UK National Crime Agency and National Injuries patients at risk of abuse or neglect, and complexity in
Database; Consultant Editor-in-Chief of the ‘Journal of forensic pathology. As a UK Home Office-accredited
Forensic & Legal Medicine’; Member of the Executive forensic pathologist, he attends scenes of suspicious
Committee of the European Council of Legal Medicine; deaths, and performs medico-legal autopsies for
Visiting Professor at the University of Belgrade, Serbia. police authorities and c oroners. He is a member of the
He is an independent member of the Scientific Advisory Training and Education Subcommittee of the Faculty
Committee on the Medical Implications of Less-Lethal of Forensic & Legal Medicine of the Royal College
Weapons. He is a member of the International Forensic of Physicians, and was a UK Consulting Editor/
Expert Group of the International Rehabilitation Editorial Board Member of Medicine, Science and the
Council for Torture Victims. Law (2011–2017). He was a Specialist Reviewer for the
In addition to this, and the 13th Edition of Welsh Child Protection Systematic Review Group
Simpson’s Forensic Medicine, Jason has co-authored (2006–2013).
vii
Contributors
viii
Preface
The broad range of subjects embraced by the terms This, the 14th edition of Simpson’s Forensic Medicine,
‘forensic medicine’ since the first edition of Keith has been revised to assist all those groups; not merely
Simpson’s eponymous Forensic Medicine was published doctors and other healthcare professionals. We hope
in 1947 has expanded considerably. Most forensic prac- it provides a solid introduction and background to the
titioners from any background will, at some stage, be principles of practice for those embarking on careers in
asked ‘have you cut up any dead bodies recently?’ as forensic settings, for those in practice and for those who
there remains a belief that this is the main function of may not be from a forensic background but whose daily
those working in forensic medicine. In practice, how- workload brings them into contact with situations that
ever, the pathological side of forensic medicine is small require an awareness of such matters. This probably
compared to the number and workload of those work- applies to most healthcare professionals.
ing in the clinical (living) aspects of forensic medicine. Within this edition, each chapter provides recom-
The fields of safeguarding, insurance medicine, and mendations to access more detailed information about
refugee medicine, for example, could be considered a subject, whether online, as peer-reviewed journal
to be aspects of ‘forensic medicine’. There is a general articles, or substantive publications. We hope this
move to capture this trend by referring to either ‘foren- edition of Simpson’s will encourage readers to further
sic & legal medicine’ or ‘legal & forensic medicine’. The explore the world of forensic medicine and its many fac-
terms are interchangeable but reflect the general view ets. We all work within multiprofessional settings, and
that this is a defined and extensive area of medicine in forensic terms, each of us provides a small piece of
that warrants its own specialty status, on a par with all the jigsaw in the investigation and resolution of a case.
other mainstream specialties. Whatever the specialty It is, therefore, essential to have a good awareness of
is called, doctors and other healthcare professionals the roles and limitations of our knowledge base, and
working in these areas need to have a basic knowledge when and where we should defer to other colleagues.
and understanding of medical ethical principles, of rel- Although the perspective provided in this book is gen-
evant law and the many aspects of forensic science. This erally from the point of view of a doctor, we hope we
we hope to provide. have identified common issues for all practitioners. We
Earlier editions of Simpson’s have been directed know our readership originates from a variety of differ-
predominantly at a medical readership. This has now ent countries and contrasting legal systems. Examples
changed as forensic disciplines have expanded and that we provide of relevant regulations, law, codes and
the role of forensic medicine and sciences has grown. practice will, of necessity, predominantly be derived
Much of this growth is related to a greater public aware- from the England & Wales jurisdictions. However, every
ness of the essential roles that these disciplines play in reader must make themselves familiar with those that
a fair justice system. Although forensic medicine has apply within their own professional setting, their own
a long history of involvement with the criminal justice country and their own jurisdiction. We also strongly
systems, this role has also been extended into many advise, in an age when many guidance documents are
parts of the civil justice system including family law. kept online as evolving and developing resources, to
This has been accompanied by a dramatic growth in check always that you are using the most up-to-date
undergraduate and postgraduate courses with a foren- version.
sic element. It is crucial that students and practitioners Any mistakes or misinterpretations are those of the
in such settings are able to understand how their area authors who will happily receive comment and criti-
of work or study interrelates and interacts with others cism on any aspect of the content. We hope that readers
in different settings. Whether one is a budding foren- will find that this new edition of Keith Simpson’s classic
sic practitioner, law enforcement officer, healthcare text addresses your needs.
professional, lawyer, or someone who, by the nature Jason Payne-James
of their work, will at some stage (like it or not) become Richard Jones
involved in forensic matters, there is an increasing need September 2019
to be aware of, and understand, the basics of forensic
medicine and how it relates to the other specialties.
ix
Acknowledgements
Jason Payne-James thanks his colleagues from law, Richard Jones also thanks his colleagues from those
police, medicine and science for collaborating on the many organisations with which he works, and espe-
great variety of cases on which he has worked. He cially for their continued support and mentoring, often
would also like to thank his long-suffering family for in very difficult circumstances. He also thanks his
their continued support and encouragement both day enthusiastic students who, over the years, have inspired
and night. The Taylor & Francis team led by Miranda him to reflect on the knowledge base underpinning
Bromage must be thanked for their professionalism and forensic medicine and pathology.
forbearance as this edition developed, and our thanks
must also go to Nora Naughton for all her hard work.
x
1 Principles of forensic practice
promulgation, adjudication and enforcement of rules. knowledge requiring expertise within a legal setting
There are many national variations but the basic pat- (forensic medicine and forensic science) is most com-
tern is often similar. The exact structure is frequently monly required. Criminal trials involve offences that
developed from, and thus determined by, the political are ‘against the public interest’; these include offences
system, culture and religious attitudes of the country in against the person (e.g., murder, assault, grievous bodily
question. In England & Wales, the principal sources of harm, rape), property (e.g., burglary, theft, robbery), and
these laws are Parliament and the decisions of judges in public safety and security of the state (terrorism). In
courts of law. Criminal courts generally deal predomi- these matters, the state acts as the voice or the agent of
nantly with disputes between the State and individual, the people. In continental Europe, a form of law derived
and the civil courts with disputes between individuals. from the Napoleonic era applies. Napoleonic law is an
Most jurisdictions will have a range of other legal bod- ‘inquisitorial’ system and both the prosecution and the
ies that are part of these systems or part of the overall defence have to make their cases to the court, which
justice system (e.g., employment tribunals, asylum tri- then chooses which is the more credible. Evidence is
bunals, mental health review tribunals and other spe- often taken in written form as depositions, sometimes
cialist dispute panels) and such bodies may deal with referred to as ‘documentary evidence’. The Anglo-
conflicts that arise between citizens and administrative Saxon model applies in England & Wales and in many
bodies, or make judgements in other disputes. All such of the countries that it has influenced in the past. This
courts, tribunals or bodies may, at some stage, require system is termed the ‘adversarial’ system. If an act is
input from medical and scientific professionals. considered of sufficient importance or gravity, the state
In England & Wales, decisions made by judges in the ‘prosecutes’ the individual. Prosecutions for crime in
courts have evolved over time and this body of decisions England & Wales are made by the Crown Prosecution
is referred to as ‘common law’ or ‘case law’. The ‘doc- Service (CPS), who assess the evidence provided to them
trine of precedent’ ensures that principles determined by the police. They must consider two main questions:
in one court will normally be binding on judges in infe- (1) Is there enough evidence against the defendant?
rior courts. The Supreme Court of the United Kingdom is When deciding whether there is enough evidence to
the highest court in all matters under English and Welsh charge, Crown Prosecutors must consider whether evi-
law, Northern Irish law and Scottish civil law. It is the dence can be used in court and is reliable and credible.
court of last resort and highest appeal court in the United Crown Prosecutors must be satisfied there is enough
Kingdom; however, the High Court of Justiciary remains evidence to provide a ‘realistic prospect of conviction’
the highest court for criminal cases in Scotland. The against each defendant; and (2) Is it in the public inter-
Constitutional Reform Act 2005 established (amongst est for the CPS to bring the case to court? A prosecution
other functions) a Supreme Court which assumed the will usually take place unless the prosecutor is sure that
judicial functions of the House of Lords, which were pre- the public interest factors tending against prosecution
viously undertaken by the Lords of Appeal in Ordinary outweigh those tending in favour. Thus, even when there
(commonly called Law Lords). The ‘long title’ of the Act is sufficient evidence to justify a prosecution or to offer
further detailed the changes it enacted – ‘An Act to make an out-of-court disposal, prosecutors must go on to con-
provision for modifying the office of Lord Chancellor, sider whether a prosecution is required in the public
and to make provision relating to the functions of interest. The more serious the offence or the offender’s
that office; to establish a Supreme Court of the United record of criminal behaviour, the more likely it is that a
Kingdom, and to abolish the appellate jurisdiction of the prosecution will be required in the public interest.
House of Lords; to make provision about the jurisdic- In a criminal trial, it is for the prosecution to prove
tion of the Judicial Committee of the Privy Council and their case to the jury or the magistrates ‘beyond reason-
the judicial functions of the President of the Council; to able doubt’. This standard of proof was outlined in the
make other provisions about the judiciary, their appoint- case of Woolmington v Director of Public Prosecutions
ment and discipline; and for connected purposes’. Along [1935] AC 462 when Viscount Sankey, the then Lord
with the concept of Parliamentary Sovereignty is that the Chancellor, stated:
judiciary (the judges) are independent of state control,
although the courts will still be bound by statutory law. Throughout the web of the English Criminal Law one
This separation is one that is frequently and increasingly golden thread is always to be seen that it is the duty of
the prosecution to prove the prisoner’s guilt subject to
tested by politicians and the media in particular.
what I have already said as to the defence of insanity
and subject also to any statutory exception. If, at the
Criminal law end of and on the whole of the case, there is a reason-
able doubt, created by the evidence given by either the
Criminal law is that law which addresses the relation- prosecution or the prisoner, as to whether the prisoner
ship between the state and the individual and as such killed the deceased with a malicious intention, the
is probably the area in which medical and scientific prosecution has not made out the case and the prisoner
Legal systems 3
is entitled to an acquittal. No matter what the charge or seriously, the Family Court will deal with cases where
where the trial, the principle that the prosecution must the government (local councils, in practice) intervenes
prove the guilt of the prisoner is part of the common in a family to protect children from harm. That can lead
law of England and no attempt to whittle it down can to the children being taken into care and eventually
be entertained.
adopted or placed with extended family. These cases
Nowadays, the burden of proof is often simplified to are ones where forensic practitioners are most likely to
being ‘sure’. If that level cannot be achieved, then the be involved.
prosecution fails and the individual is acquitted. If the The Family Court also deals with the majority of
level is achieved then the individual is convicted and orders designed to protect people against domestic vio-
a punitive sentence is applied. The defence does not lence. The court may issue a ‘non-molestation order’
have to prove innocence because any individual is pre- instructing an individual not to contact, harass, threaten
sumed innocent until found guilty. Defence lawyers aim or be violent to another person or it can make an ‘occu-
to identify inconsistencies and inaccuracies or weak- pation order’ preventing someone from, for example,
nesses of the prosecution’s case and can also present living in or returning to the family home. More complex
their own evidence. family cases may be dealt with the Family Division of
The penalties that can be imposed in the criminal the High Court which also deals with specific issues
system commonly include financial (fines) and loss of such as forced marriage and female genital mutilation.
liberty (imprisonment) and community-based sen- The standard of proof in the civil setting is lower than
tences. A number of countries still permit corporal that in the criminal setting. In civil proceedings, the stan-
punishment (beatings), mutilation (amputation of parts dard of proof is proof on the balance of probabilities – a
of the body) and capital punishment (execution). The fact will be established if it is more likely than not to have
World Medical Association has published a number of happened.
documents related to the involvement of healthcare pro- In a decision of the Court of Appeal in Re (N) v Mental
fessionals in such occurrences, including the Medical Health Review Tribunal [2006] QB 468 it was stated that
Ethics Manual. there is only one single standard of proof in the civil sys-
In England & Wales, the lowest tier of court (in both tem but that the standard was flexible in its application:
civil and criminal cases) is the Magistrates’ Court. These Although there is a single standard of proof on the bal-
courts tend to deal with less serious crime and are lim- ance of probabilities, it is flexible in its application. In
ited in the punishments they can administer to those particular, the more serious the allegation or the more
found guilty. Lay (non-legal) magistrates (Justices of serious the consequences if the allegation is proved,
the Peace) sit in the majority of these courts advised by the stronger must be the evidence before the court will
a legally qualified justice’s clerk. In some magistrates’ find the allegation proved on the balance of probabili-
ties. Thus, the flexibility of the standard lies not in any
courts a district judge will sit alone. The majority of
adjustment to the degree of probability required for
criminal cases appear in magistrates’ courts. The Crown
an allegation to be proved (such that a more serious
Court sits in a number of centres throughout England allegation has to be proved to a higher degree of prob-
& Wales and is the court that deals with more seri- ability), but in the strength or quality of the evidence
ous offences, and considers appeals from magistrates’ that will in practice be required for an allegation to be
courts. Cases are heard before a judge and a jury of 12 proved on the balance of probabilities.
people. Appeals from the Crown Court are heard in the
Court of Appeal Criminal Division. Special youth courts If the standard of proof is met, the penalty that can be
are utilised for those under 18 years of age (Figure 1.1). imposed by these courts is designed to restore the posi-
tion of the successful claimant to that which they had
before the event, and is generally financial compensa-
Civil law tion (damages). In certain circumstances, there may be
Civil law is concerned with the resolution of disputes a punitive element to the judgement.
between individuals. The aggrieved party undertakes The Magistrates’ Court is used for some cases, but
the legal action. Most remedies are financial. All kinds the majority of civil disputes are dealt with within the
of dispute may be encountered, including those of County Court in the presence of a circuit judge. The
alleged negligence, contractual failure, debt, and libel High Court has unlimited jurisdiction in civil cases
or slander. The civil courts can be viewed as a mecha- and has three divisions:
nism set up by the state that allows for the fair resolu-
tion of disputes in a structured way. In England & Wales, • Chancery – specialising in matters such as com-
the County Court is where trials for most civil cases are pany law;
held. The Family Court (and Family Division of the High • Family – specialising in matrimonial issues and
Court) deal with all kinds of legal disputes to do with child issues and others as described above; and
children and the breakdown of relationships. Most • Queen’s Bench – dealing with general issues.
4 Principles of forensic practice
UK Supreme Court
Appeal only, on points of law. Employment Appeal Tribunal
Justices of the supreme court Appeals from the employment
tribunals.
Employment appeal judges and
members
Court of Appeal
Appeal only, on points of law to either the
criminal or civil divisions.
Lord Chief Justice, heads of division and Employment Tribunal (England &
court of appeal judges Wales; Scotland)
Claims about matters to do with
employment.
Employment judges and members
High Court
Chancery, queen’s bench and family divisions. All three
divisions hear appeals from other courts, as well as Upper Tribunal
‘first instance’ cases. Appeals from the first-tier tribunal.
High court and deputy high court judges Upper tribunal judges
Crown Court
Jury trial for all indictable and some either-way criminal First-tier Tribunal
offences. Appeals against conviction and sentence from Appeals from executive agency
the magistrates’ court. decisions.
Circuit judges, recorders and juries Tribunal judges and members
Figure 1.1 The structure of the court system in England & Wales.
In both civil and criminal trials, the person against Professional witness
whom the action is being taken is called the defendant;
the accuser in criminal trials is the state and in civil tri- In 1924, Dr Graham Grant, a police surgeon (forensic
als it is the plaintiff. physician) in the East End of London, differentiated pro-
fessional from expert witnesses in his book ‘Practical
Forensic Medicine’ (Figure 1.2a and 1.2b).
Doctors and other healthcare Little has changed. A professional witness is one
professionals and the law who gives factual evidence. This role is equivalent to a
simple witness of an event, but occurs when the doc-
Doctors and other healthcare professionals may become
tor is providing factual medical evidence. For example,
involved with the law in the same way as any other pri-
an emergency medicine physician may confirm that a
vate individual: they may be charged with a criminal
leg was broken or that a laceration was present and may
offence or they may be sued through the civil court.
report on the presentation and treatment given. A pri-
A doctor may also be witness to a criminal act and may
mary care physician may confirm that an individual
be required to give evidence about it in court.
has been diagnosed as having epilepsy or angina. No
However, these examples will only apply to the
comment or opinion is generally given and any report
minority of professionals reading this book. For the
or statement deals solely with the relevant medical find-
majority, it is the nature of their work which may result
ings on a factual basis.
in that individual providing evidence that may subse-
quently be tested in court. Doctors (or other healthcare
professionals) may have one of two roles in relation to Expert witness
the court, either as a professional witness or as an expert An expert witness is one who expresses an opinion about
witness. The distinction between these roles may be medical or scientific matters in which they may not ini-
blurred. tially have had direct involvement, but by virtue of their
Doctors and other healthcare professionals and the law 5
It appeared that Rule 702 superseded Frye and in • An expert witness should make it clear when a
1993 this was confirmed in Daubert v Merrell Dow particular question or issue falls outside his area
Pharmaceuticals, Inc. 509 US 579 [1993]. This decision of expertise.
held that proof that establishes scientific reliability of • If an expert’s opinion is not properly researched
expert testimony must be produced before it can be because he considers that insufficient data is
admitted. Factors that judges may consider were: available, then this must be stated with an indica-
tion that the opinion is no more than a provisional
• Whether the proposition is testable. one.
• Whether the proposition has been tested. • In cases where an expert witness, who has prepared
• Whether the proposition has been subjected to a report, could not assert that the report contained
peer review and publication. the truth, the whole truth and nothing but the
• Whether the methodology technique has a known truth without some qualification, that qualification
or potential error rate. should be stated in the report.
• Whether there are standards for using the tech- • If, after exchange of reports, an expert witness
nique. changes his views on a material matter having
• Whether the methodology is generally accepted. read the other side’s report or for any other reason,
such change of view should be communicated
The question as to whether these principles applied
(through legal representatives) to the other side
to all experts and not just scientific experts was explored
without delay and when appropriate to the court.
in cases and in 2000 Rule 702 was revised to:
• Where expert evidence refers to photographs,
If scientific, technical, or other specialized knowledge plans, calculations, analyses, measurements,
will assist the trier of fact to understand the evidence survey reports or other similar documents, these
or to determine a fact in issue, a witness qualified as must be provided to the opposite party at the same
an expert by knowledge, skill, experience, or train- time as the exchange of reports.
ing, or education may testify thereto in the form of an
opinion or otherwise, provided that (1) the testimony is Another case further clarified the role of the expert
sufficiently based upon reliable facts or data, (2) the tes- witness (Toulmin HHJ in Anglo Group plc v Winther
timony is the product of reliable principles and meth- Brown & Co. Ltd. [2000])
ods, and (3) the witness has applied the principles and
methods to the facts of the case. • An expert witness should at all stages in the pro-
cedure, on the basis of the evidence as he under-
Committee Notes of the Federal Rules also empha-
stands it, provide independent assistance to the
sise that if a witness is relying primarily on experience
court and the parties by way of objective unbiased
to reach an opinion, then that witness must explain
opinion in relation to matters within his exper-
how that specific experience leads to that particular
tise. This applies as much to the initial meetings
opinion.
of experts as to evidence at trial. An expert witness
In England & Wales, His Honour Judge Cresswell
should never assume the role of an advocate.
reviewed the duties of an expert in National Justice
Compania Naviera SA v Prudential Assurance Co Ltd • The expert’s evidence should normally be con-
[1993 2 Lloyd’s Rep 68] (commonly known as ‘the Ikarian fined to technical matters on which the court
Reefer’ case) and identified the following key duties of will be assisted by receiving an explanation, or to
expert witnesses and their evidence: evidence of common professional practice. The
expert witness should not give evidence or opin-
• Expert evidence presented to the court should be, ions as to what the expert himself would have
and should be seen to be, the independent product done in similar circumstances or otherwise seek
of the expert uninfluenced as to form or content by to usurp the role of the judge.
the exigencies of litigation. • The expert should cooperate with the expert(s) of
• An expert witness should provide independent the other party or parties in attempting to narrow
assistance to the Court by way of objective, unbi- the technical issues in dispute at the earliest pos-
ased opinion in relation to matters within his sible stage of the procedure and to eliminate or
expertise. place in context any peripheral issues. He should
• An expert witness in the High Court should never cooperate with the other expert(s) in attending,
assume the role of an advocate. without prejudice, meetings as necessary and in
• An expert should state facts or assumptions upon seeking to find areas of agreement and to define
which his opinion is based. precisely areas of disagreement to be set out in the
• An expert should not omit to consider material joint statement of experts ordered by the court.
facts which could detract from his concluded • The expert evidence presented to the court should
opinion. be, and should be seen to be, the independent
Evidence for courts 7
product of the expert uninfluenced as to form or Recent cases within the United Kingdom emphasise
content by the exigencies of the litigation. the increasing scrutiny that experts are being subjected
• An expert witness should state the facts or assump- to, which have sometimes resulted in suspension or
tions upon which his opinion is based. He should not criticism. In Pool v GMC [2014] EWHC 3791 a psychia-
omit to consider material facts which could detract trist was found to have failed to restrict his opinion to
from his concluded opinion. areas in which he had expert knowledge and experience
• An expert witness should make it clear when a par- and had neither requisite qualifications or experience
ticular question or issue falls outside his expertise. to act as an expert. In Squier v GMC [2016] EWHC 2739
• Where an expert is of the opinion that his conclu- (Admin) the decision of a professional regulatory panel
sions are based on inadequate factual information was subject to rigorous review by the High Court. The
he should say so explicitly. court overturned the factual findings of the regulatory
• An expert should be ready to reconsider his opin- panel in a ‘shaken baby’ case and also laid down guid-
ion, and if appropriate, to change his mind when ance regarding the use of expert evidence. This guid-
he has received new information or has consid- ance set out the core duties of an expert when citing the
ered the opinion of the other expert. He should do works of others which are:
so at the earliest opportunity.
• The duty to explain that a hypothesis is controver-
These points remain the essence of the duties of an sial.
expert within the English and Welsh jurisdiction. • The duty to provide to the court all material con-
Further guidance is given in Kennedy v Cordia [2016] tradicting a controversial hypothesis.
UKSC 6 para 48 adopting Coopers (S Africa) v Deutsche • The duty to make all material available to other
Gesellschaft [1976] 352 at 371 which states experts in the case when advancing a controver-
sial hypothesis.
…expert’s opinion represents his reasoned conclusion
• The duty to take all reasonable steps to verify
based on certain facts or data, which are either com-
mon cause, or established by his own evidence or that of information provided.
some other competent witness. Except possibly where • The duty not to leave out relevant information.
it is not controverted, an expert’s bald statement of his • The duty to take into account all material facts
opinion is not of any real assistance. Proper evaluation before them.
of the opinion can only be undertaken if the process of • The duty to set out all material and literature relied
reasoning which led to the conclusion, including the upon in forming an opinion.
premises from which the reasoning proceeds, are dis-
closed by the expert. This area of law will continue to evolve.
within the report that they know to be false. The state- pre-booked holidays or other court commitments), but
ment makes reference to the relevant legislation. The this is not always successful. When notified that a court
effect of this declaration is to render the individual liable case in which you are a witness is going to take place, it is
for criminal prosecution if they have lied. A statement generally possible to agree a specific day on which your
provided when acting as a professional witness will be attendance is required. However, the court does have
based on the contemporaneous notes or records made the power to compel attendance even when you have
at the time of examination), and it is important that the other commitments. In this case, a witness summons
statement accurately reflects what was seen or done at may be issued. This is a court order signed by a judge or
the time. other court official that must be obeyed or the individual
A statement may be agreed by both defence and pros- will be in contempt of court and a fine or imprisonment
ecution, negating the need for court attendance. If, for may result. Most courts and judges are reasonable, but
example, the defence do not accept the findings or facts it requires flexibility and as much notice as possible on
expressed, the doctor will be called to court to give live both sides.
(oral) evidence and be subject to examination, cross- Waiting to give evidence inevitably involves possible
examination and re-examination. delays and frustration, so it is sensible to take work to court
In civil proceedings a different official style may be so that some of the time is not wasted. Examples of reasons
adopted. In these cases, a sworn statement (an affida- for last-minute changes in the need for court attendance
vit) is made before a lawyer who administers an oath or include factors such as a guilty plea being entered on the
other formal declaration at the time of signing. first day of the trial, or acceptance of a lesser charge, or the
In many countries, a statement in official form or a case being dropped because of disclosure failures.
sworn affidavit is commonly acceptable alone and per-
sonal appearances in court are unusual. However, in Evidence in court
the system of law based on Anglo-Saxon principles, per-
When called into court, each witness will undergo
sonal appearances are common in the criminal justice
some process in which they commit to telling the truth.
system and it is the testing by the defence and prosecu-
‘Taking the oath’ or ‘swearing- in’ requires, for those with
tion of the live evidence given in court (together with
religious beliefs, swearing on their respective holy book
written reports/statements made by that witness) that
(e.g., the New Testament, the Old Testament, the Quran)
may be particularly significant.
or a public declaration or affirmation that they will tell
If a case comes to trial, any statement or relevant evi-
the truth. Regardless of how it is done, the effect of the
dence in the prosecution case must be disclosed to all
words is the same: once the oath has been taken, the wit-
interested parties at the court; at present, the same prin-
ness is liable for the penalties of perjury.
ciple of disclosure does not apply to all reports prepared
Whether called as a witness of fact, a professional
for the defence in a criminal trial. Thus, a defence team
witness of fact or an expert witness, the process of giv-
may commission a report that is not helpful to the client’s
ing evidence is the same.
defence. This does not have to be disclosed to the pros-
In a criminal trial, whichever of the defence or pros-
ecution team. Failure to disclose evidence by the police
ecution has called the witness will be the first to examine
or prosecution may fatally undermine the prosecution
them under oath. This is the ‘examination in chief’ and
case, and this subject is one that is of continuing rele-
the witness will be asked to confirm the truth of the facts
vance. The format for reports in civil trials is different. In
in their statement(s). This examination may take the form
England & Wales, the Ministry of Justice publishes and
of one catch-all question as to whether the whole of the
updates a civil, criminal and family procedure rules and
statement is true, or the truth of individual facts may be
practice directions, and these are accessible online. It is
dealt with one at a time. If the witness is not an expert,
important to understand that, although these are pub-
there may be questions to ascertain how the facts were
lished, practice sometimes varies from the published
obtained and the results of any examinations or ancillary
rules and directions and is updated regularly.
tests performed. If the witness is an expert, the question-
ing may be expanded into the opinions that have been
Attending court expressed and other opinions may be sought.
If requested to appear as a witness for the court, it is the When this questioning is completed, the other law-
duty of all to comply. Attendance at court by profession- yers will have the opportunity to question the witness;
als is generally presumed without the need to resort to a this is ‘cross-examination’. This questioning will test
formal summons from the court. Most courts now have the evidence that has been given and will concentrate
some form of witness liaison units that liaise with all on those parts of the evidence that are damaging to the
witnesses in a case, attempting (often unsuccessfully) lawyer’s case. It is likely that both the facts and any opin-
to ensure that the dates of any trial are convenient for all ions given will be tested.
witnesses. Court listing offices try to take into account The final part of giving evidence is the ‘re-examina-
‘dates to avoid’ (e.g., clinics or operating sessions, tion’. The original lawyer has the opportunity to clarify
Healthcare professionals as witnesses in court 9
anything that has been raised in cross-examination but professionalism, but this decision must be a matter of
generally cannot introduce new topics. The rules of evi- personal preference.
dence (what is and isn’t admissible in front of a jury) are Evidence should also be given in a clear voice that is
hugely complex and frequently trials are interrupted to loud enough to reach across the court room. Take time in
discuss these and other legal points. responding and be aware that judges (and lawyers) will
The judge may ask questions at any time if he feels be writing the responses on paper or a laptop. Most wit-
that by doing so it may clarify a point or clear a point of nesses will at some time have been requested to ‘Pause,
contention, or if he thinks counsel are missing a point. please’ to give time for the judge to complete notes.
The judge may allow the jury to ask questions. However, The witness should always answer the question
most judges will try to refrain from asking questions posed, not the one the witness believes should or
until the end of the re-examination. would have liked to have been asked. Questions should
be answered fully and then the witness should stop
and wait for the next question. Do not feel the need to
Healthcare professionals as fill the silence with an explanation or expansion of the
witnesses in court answer. If the lawyers want an explanation or expan-
Any medicolegal report must be prepared and written sion of any answer, they will ask for it. Clear, concise
with care because it will either constitute the medical and complete should be the watchwords when answer-
evidence on that aspect of a case or it will be the basis of ing questions.
any oral evidence that may be given in the future. Any A witness should also expect to have qualifications,
healthcare professional who does not, or cannot, sustain experience and opinions challenged. However, becom-
the facts or opinions made in the original report while ing hostile, angry, flippant or rude as a witness does not
giving live evidence may, unless there are reasons for impress the court or the jury and is easily exploited by
the specific alteration in fact or opinion, find themselves counsel. Part of the role of the lawyers questioning is to
professionally embarrassed. Any medical report or state- try and elicit such responses. The lawyers are in control
ment submitted to courts should always be reviewed by in the courtroom and they will very quickly take advan-
the author prior to signing and submitting it to avoid fac- tage of any witness who shows such emotions. A judge
tual errors (e.g., identifying the wrong site of an injury or will normally intervene if he feels that the questioning
sloppy typographical errors) and it is advisable to have it is unreasonable or unfair.
peer-reviewed by a colleague. However, any comments A witness must be alert to attempts by lawyers to
or conclusions within the report are based upon a set of circumscribe answers unreasonably: ‘yes’ or ‘no’ may
facts that surround that particular case. If other facts or be adequate for simple questions but they are simply
hypotheses are suggested by the lawyers in court dur- not sufficient for most questions and, if told to answer
ing their examination, any witness must be prepared a complex question ‘with a simple “yes” or “no” doctor’,
to reconsider the medical evidence in the light of these he should decline to do so and, if necessary, explain to
new facts or hypotheses and, if necessary, should accept the judge that it is not possible to answer such a complex
that, in view of the different basis, the conclusions may question in that way.
be different. Prior to giving live evidence the doctor must The old adage of ‘dress up, stand up, speak up and
refresh their memory of the case by reviewing the report shut up’ is still entirely applicable and it is unwise to
and materials supplied. If, whilst giving evidence, the ignore such simple, appropriate and easy to follow
doctor does not know the answer to a question posed, or advice.
it is outside their range of experience, they should make Box 1.1 summarises key elements of how to be best
this clear and, if necessary ask the judge for guidance in prepared for court attendance.
the face of particularly persistent counsel.
Anyone appearing before any court in either role Preparation of medicolegal reports
should ensure that their dress and demeanour are com- The diversity of uses of a report is reflected in the indi-
patible with the role of an authoritative professional and viduals or groups that may request one: a report may be
respectful to the court. It is imperative that doctors and requested by the police, prosecutors, Coroners, judges,
others providing professional or expert witness evidence medical administrators, government departments, city
give their evidence in a clear, unbiased and dispassion- authorities or lawyers of all types. The nature and the
ate manner. format of the report may vary in each setting. If unfamil-
The oath or affirmation should be taken in a clear iar with the process always ask for a sample report in the
voice. Most courts are audio-recorded and microphones correct style. Many courts will have standard proforma
are placed for that purpose, not for amplifying speech. or procedural rules that will assist. Before agreeing to
In some courts, witnesses may be invited to sit, whereas write a report, it is essential to be sure that the author
in others they will be required to stand. Many expert (1) has the expertise to write such a report and (2) also
witnesses prefer to stand as they feel that it adds to their has the authority, permissions and consent to write such
10 Principles of forensic practice
clarify whether or not a specific structure is required box. It is always embarrassing trying (and failing) to
and if so, follow it assiduously. For example, in the interpret your own handwriting in a witness box in front
civil justice s ystem in England & Wales the process, of a judge and jury.
and how the evidence is dealt with, is described in Autopsy reports are a specialist type of report and
Part 35 of the Civil Procedure Rules which refers to may be commissioned by the Coroner, the police or any
experts and assessors and their roles. other appropriate person or body. Again, as with expert
A professional witness statement (one that simply reports, there are standardised protocols or proformas
reports facts found at examination) will be headed by (Box 1.2).
specific legal wording. The statement should include the The authority to perform the autopsy will replace the
full name of the practitioner, their age and their profes- consent given by a live patient, and is equally impor-
sional address. The reason for the examination should be tant. The history and background to the death will be
stated, and then the relevant history as recounted (e.g., obtained by the police or the Coroner’s officer, but the
‘he told me he was hit twice on the right forearm with a doctor should seek any additional details that appear
baseball bat’), the medical findings (e.g., two tramline to be relevant, including speaking to any clinicians
bruises, both 6 × 4 cm in size, purple in colour with asso- involved in the care of the deceased and reviewing the
ciated swelling in the middle 1/3 of the ulnar bone with hospital notes. A visit to the scene of death in non-sus-
a possible fracture), and what treatment was given (e.g., picious deaths, especially if there are any unusual or
pain relief and referral for X-ray). The statement sum- unexplained aspects, is advisable.
marises the personal involvement of the practitioner. A An autopsy report is confidential and should only be
professional witness statement simply reports facts. disclosed to the legal authority who commissioned the
Clarity and simplicity of expression make the whole examination. Disclosure to others, who must be inter-
process simpler. Statements can be constructed along ested parties, may only be made with the specific per-
the same lines as the clinical notes; they should be mission of the commissioning authority and, in general
structured, detailed (but not overelaborate – avoid com- terms, it would be sensible to allow that authority to deal
plex medical and scientific terms unless absolutely nec- with any requests for copies of the report.
essary, and where possible explain them) and accurate. Doctors must resist any attempt to change or delete
Do not include every single aspect of a medical history any parts of their report by lawyers who may feel those
unless it is relevant and consent has been given for its parts are detrimental to their case; any requests to
disclosure. A court does not need to know every detail, rewrite and resubmit a report with alterations for these
but it does need to know every relevant detail, and a good reasons should be refused. Persistent and inappropri-
report will give the relevant facts clearly, concisely and ate pressure may require referral to the regulatory body.
completely, and in a way that someone without medical At times, lawyers, but more often police personnel, may
training can understand. sometimes need to be reminded or informed of the
The contemporaneous clinical notes may be required duties of a healthcare professional which is to assist the
to support the statement and it is essential to ensure that court, not the relevant instructing body. Always seek the
all handwriting within such medical notes has been advice of the judge on matters arising that may result in
reviewed (and interpreted) prior to entering the witness potential breaches of these important duties.
Box 1.2 Some Standards Which May Apply to Autopsy Examinations in the UK
• Council of Europe Group of Ministers. • Standards for Coroners’s pathologist in post mor-
Recommendation R (99) 3 of the Group of Ministers tem examinations of deaths that appear not to be
to Member States on Harmonisation of Medico- suspicious. Royal College of Pathologists, 2014.
Legal Autopsy Rules. • Information to be included in the ‘history’ section
• Codes of Practice and Performance Standards of a forensic pathologist’s report. Forensic Science
for Forensic Pathologists in England, Wales and Regulator, 2014.
Northern Ireland. Royal College of Pathologists, • The use of time of death estimates based on heat
2012. loss from the body. Forensic Science Regulator,
• Post mortem cross sectional imaging guid- 2014.
ance from the Royal Colleges of Radiology and • Legal issues in Forensic Pathology and tissue
Pathology, 2012. retention: issue 3 guidance. Forensic Science
• Chief Coroner guidance on post mortem scanning, Regulator 2014.
2013.
12 Principles of forensic practice
Bibliography and information Payne-James JJ, Bloomer JA. Court skills. In: Dalton M (ed). Forensic
Gynaecology. Cambridge: Cambridge University Press; 2015.
sources Payne-James JJ, Newton MA, Bassindale C. Forensic sci-
Anglo Group plc v Winther Brown & Co Ltd and others. [2000] All ence, forensic medicine and sexual crime. In: Radcliffe P,
ER (D) 294. Gudjonsson G, Heaton-Armstrong A (eds). Witness Testimony
Boccaccini MT, Brodsky SL. Believability of expert and lay wit- in Sexual Cases. Oxford: Oxford University Press; 2016.
nesses: implications for trial consultation. Prof Psychol Res Pr Re (N) v Mental Health Review Tribunal [2006] QB468.
2002;33:384–388. Stark MM. Clinical Forensic Medicine: A Physician’s Guide, 3rd edn.
Burton JL, Rutty GN (eds). The Hospital Autopsy: A Manual of New York: Humana Press; 2011.
Fundamental Autopsy Practice, 3rd edn. London: Hodder Toulmin HHJ in Anglo Group plc v Winther Brown & Co. Ltd.
Arnold; 2010. [2000]. http://www.bailii.org/ew/cases/EWHC/TCC /
Cooper J, Neuhaus IM. The ‘hired gun’ effect: assessing the effect 2000/127.html (Accessed 23 July 2019).
of pay, frequency of testifying and credentials on the percep- Woolmington v Director of Public Prosecutions [1935] AC 462.
tion of expert testimony. Law Hum Behav 2000;24:149–171.
Court of Appeal in Re (N) v Mental Health Review Tribunal [2006]
QB 468.
Further general resources
Cramer RJ, Brodsky SL, DeCoster J. Expert witness confidence and Acting as a witness in legal proceedings. http://www.gmc-uk.
juror personality: their impact on credibility and persuasion org/guidance/ethical_guidance/21193.asp (Accessed 6 April
in the courtroom. J Am Acad Psychiatry Law 2009;37(1):63–74. 2019).
Crown Prosecution Service. Code for Crown Prosecutors. https:// Crown & Procurator Fiscal. Our role in investigating deaths.
www.cps.gov.uk/publication/code-crown-prosecutors http://www.copfs.gov.uk/investigating-deaths/our-role-in-
(Accessed 29 March 2019). investigating-deaths (Accessed 6 April 2019).
Daubert v Merrell Dow Pharmaceuticals, Inc. [1993] 509 US 579. Crown Prosecution Service. Disclosure manual. https://www.cps.
http://www.law.cornell.edu/supct/html/92-102.ZS.html gov.uk/legal-guidance/disclosure-manual (Accessed 6 April
(Accessed 29 March 2019). 2019).
Federal Rules of Evidence Article I. General provisions, Rule 702. Female Genital Mutilation: A guide for healthcare professionals.
https://www.law.cornell.edu/rules/fre/rule_702 (Accessed 29 https://www.england.nhs.uk/north/wp-content/uploads/
March 2019). sites/5/2016/01/fgm-hp-guide.pdf (Accessed 6 April 2019).
Freckelton I. A guide to the provision of forensic medical evi- Guide to Coroner Services. Ministry of Justice. https://assets.
dence. In: Gall J, Payne-James JJ (eds) Current Practice in publishing.service.gov.uk/government/uploads/system/
Forensic Medicine. London: Wiley; 2011. uploads/attachment_data/file/363879/guide-to-coroner-
Freckelton I, Selby H. Expert Evidence: Law, Practice, Procedure and service.pdf (Accessed 6 April 2019).
Advocacy, 6th edn. Sydney: Lawbook Co; 2016. Mandatory reporting of child abuse and neglect. https://aifs.
Frye v United States, 293 F. 1013 (D.C.Cir. 1923). https://www.law.ufl. gov.au/cfca/publications/mandatory-reporting-child-abuse-
edu/_pdf/faculty/little/topic8.pdf (Accessed 29 March 2019). and-neglect (Accessed 6 April 2019).
House of Commons Debates, Volume 483, 29 January 1951 Mandatory reporting of female genital mutilation: procedural
(quote of Hartley Shawcross). information. https://www.gov.uk/government/publications/
National Justice Compania Naviera SA v Prudential Life Assurance mandatory-reporting-of-female-genital-mutilation-proce-
Co (‘The Ikarian Reefer’) [1993] 2 LILR 68, 81–82. dural-information (Accessed 6 April 2019).
Lynch J. Clinical Responsibility. Oxford: Radcliffe Publishing; 2009. Part 35 of the Civil Procedure Rules. https://www.justice.gov.uk/
Ministry of Justice (England and Wales). Civil procedure rules. courts/procedure-rules/civil/rules/part35 (Accessed 6 April
ht tp: //w w w.justice.gov.uk /cour ts/procedure -rules/ 2019).
civil (Accessed 29 March 2019). The Forensic Science Regulator. https://www.gov.uk/govern-
Ministry of Justice (England and Wales). Criminal procedure ment/organisations/forensic-science-regulator (Accessed 6
rules. http://www.justice.gov.uk/courts/procedure-rules/ April 2019).
criminal (Accessed 29 March 2019). The judicial system of England & Wales: a visitor’s guide.
Ministry of Justice (England and Wales). Family procedure rules. h t t p s : // w w w. j u d i c i a r y. u k / w p - c o n t e n t /u p l o a d s /
ht tp: //w w w.justice.gov.uk /cour ts/procedure -rules/ 2016/05/international-visitors-guide-10a.pdf (Accessed 6
family (Accessed 5 April 2019). April 2019).
Ministry of Justice. Practice Direction 32: evidence https://www.
justice.gov.uk/courts/procedure-rules/civil/rules/part32/
pd_part32#evidence (Accessed 6 April 2019).
2 The ethics of medical
practice
▪▪ Introduction ▪▪ Confidentiality
▪▪ Basis of medical ethics ▪▪ Consent
▪▪ International codes of medical ethics ▪▪ Regulation of doctors and other professionals
▪▪ Duties of doctors and other healthcare professionals: ▪▪ Bibliography and information resources
UK perspective ▪▪ Further general resources
▪▪ Medical ethics in practice
GMC guidelines) or more generalised. The Nursing and Failure to comply with the Code may bring their fit-
Midwifery Council (NMC) in the UK, which is the pro- ness to practise into question. Box 2.4 gives a summary
fessional body for nurses, has its own Code. The Code of the main components of the NMC Code of perfor-
presents the professional standards that nurses and mance standards and behaviours expected of registered
midwives must uphold in order to be registered to prac- nurses and midwives.
tise in the UK. It is structured around four themes: The Health & Care Professions Council (HCPC) is
a body created by statute in England & Wales, which
1. Prioritise people regulates healthcare professionals (e.g., arts therapists,
2. Practise effectively biomedical scientists, chiropodists/podiatrists, clinical
3. Preserve safety scientists, dietitians, hearing aid dispensers, occupa-
4. Promote professionalism and trust tional therapists, operating department practitioners,
16 The ethics of medical practice
Table 2.1 Example Declarations of the World Medical Association (many have been revised and amended
in subsequent years)
1948 The Declaration of Geneva Humanitarian goals of medicine
1964 The Declaration of Helsinki Human experimentation and clinical trials
1970 The Declaration of Oslo Therapeutic abortion
1973 The Declaration of Munich Racial, political discrimination in medicine
1975 The Declaration of Tokyo Torture and other cruel and degrading treatment
or punishment
1981 The Declaration of Lisbon Rights of the patient
1983 The Declaration of Venice Terminal illness
1983 The Declaration of Oslo Therapeutic abortion
1984 The Declaration of Sao Paolo Pollution
1987 The Declaration of Madrid Professional autonomy and self-regulation
2006 The Declaration of Ottawa Child health
2009 The Declaration of Delhi Health and climate change
2016 The Declaration of Taipei (adopted by the 3rd WMA Research on Health Databases, Big Data and
General Assembly, Washington, DC, USA, October Biobanks
2002 and revised by the 67th WMA General Assembly,
Taipei, Taiwan, October 2016)
orthoptists, paramedics, physiotherapists, practitio- participants and to facilitate and promote ethical
ner psychologists, prosthetists/orthotists, radiogra- research that is of potential benefit to participants, sci-
phers, and speech and language therapists). The HCPC ence and society.
was set up to protect the public and keeps a register of
The NHS Health Research Authority provides gover-
health professionals who meet its standards for train-
nance arrangements for research ethics committees,
ing, professional skills, behaviours and health. All of
most recently updated in 2018.
these professions have at least one professional title
Medical ethics as a subject is incorporated into
that is protected by law, including those shown above.
medical school curricula as the need for knowledge
This means, for example, that anyone using the titles
of such matters becomes increasingly important with
‘physiotherapist’ or ‘dietitian’ must be registered with
high-technology medicine creating clinical scenarios
the HCPC.
that may need to be assessed and interpreted by the
It is a criminal offence for someone to claim that they
courts. However medical ethics, like forensic medicine,
are registered with the HCPC when they are not, or to
although essential to safe and proper practice, is allot-
use a protected title they are not entitled to use.
ted too little time in most medical schools and other
healthcare professions training.
Medical ethics in practice Examples of the type of subject that may be embraced
The formal role of ethics in contemporary health and in discussions on medical ethics might include:
social care has become much more clearly defined. One
• Patient autonomy and their right to refuse or
example of its practical application in the UK is the NHS
choose treatment.
Health Research Authority who has its own Research
• Non-maleficence – do no harm.
Ethics Service whose role is
• Beneficence – acting in the patient’s best interests.
• Dignity.
to enable and support ethical research in the NHS. It
protects the rights, safety, dignity and wellbeing of • Honesty – providing informed consent.
research participants and has a duty to provide an effi- • Justice – how healthcare is apportioned when
cient and robust ethics review service that maximises health and financial resources may be limited.
UK competitiveness for health research and maxi-
mises the return from investment in the UK, while It is important for doctors and other healthcare
protecting participants and researchers. It protects professionals to be aware of these issues, even if
the rights, safety, dignity and wellbeing of research they do not provide immediate answers to clinical
Medical ethics in practice 17
dilemmas. Sometimes these factors conflict, for exam- from informed consent to doctor–doctor relationships.
ple, a Jehovah’s witness declining a blood transfusion Often, law develops as a result of public and political
even though the doctor knows that death will ensue. debate on such issues. Breaches of medical ethical val-
There are very few medical or healthcare activities ues (e.g., dishonesty, fraud, sexual assault) may result
that do not have some ethical considerations, varying in disciplinary processes and the sanctions that can
from research on patients to medical confidentiality, be applied by regulatory bodies are wide from giving
18 The ethics of medical practice
Box 2.4 Summary of professional conduct standards for nurses and midwives
You must put the interests of people using or needing and accurate records; reflect and act on feedback
nursing or midwifery first and uphold the standards set you receive to improve your practice.
out in the Nursing & Midwifery Council Code. Action Preserve safety: make sure that patient and public
can be taken – including removal from the register – if safety is protected; work within the limits of your
you fail to do so. competence, exercising your professional ‘duty
You must: of candour’ and raising concerns immediately
Prioritise people: make their care and safety your whenever you come across situations that put
first concern and make sure that their dignity patients or public safety at risk.
is preserved and their needs are recognised, Promote professionalism and trust: be a model of
assessed and responded to; make sure that those integrity and leadership for others to aspire to;
receiving care are treated with respect, that their uphold the reputation of your profession at all
rights are upheld, and that any discriminatory times and display a personal commitment to the
attitudes and behaviours towards those receiving standards of practice and behavior set out in this
care are challenged. Code.
Practise effectively: assess need and deliver or
advise on treatment, or give help without too Source: Adapted from The Code: Performance standards of
much delay, and to the best of your abilities, on practice and behavior for nurses and midwives. Nursing
the basis of the best evidence available and best and Midwifery Council, 2015. (https://www.nmc.org.uk/
standards/code/).
practice; communicate effectively, keeping clear
advice or warnings to erasure from the relevant regis- seriousness with which each is viewed may vary in dif-
ter and withdrawal of the licence to practice against the ferent parts of the world, as will the sanctions applied.
doctor found guilty of unethical practices. However, the World Medical Association defines quite
Although the spectrum of unethical conduct is wide, clearly, from a medical perspective, standards that
certain universally relevant subjects are recognised. The should be followed (see Box 2.1).
Confidentiality 19
CONTENTS
Table 1 Statutory notifications of infectious diseases in the past 6 weeks with totals for the
current year compared with corresponding periods of the two preceding years
Table 2 Statutory notifications of infectious diseases for diseases for WEEK 2019/36 by PHE
Region, county, local and unitary authority including additional diseases notifiable from
6th April 2010
Registered Medical Practioner in England and Wales have a statutory duty to notify a Proper Officer of
the local authority, often the CCDC (Consultant in Communicable Disease Control), of suspected cases
of certain infectious diseases:
Notifications of infectious diseases, some of which are later microbiologically confirmed, prompt local
investigation and action to control the diseases. Proper officers are required every week to inform the
PHE (formerly the Registrar General) anonymised details of each case of each disease that has been
notified. PHE has responsibilty of collating the weekly returns from proper officers and publishing
analyses of local and national trends.
Figure 2.1 An example front page of the Public Health England weekly Notification of Infectious Disease
Report (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/830662/
NOIDS-weekly-report-week36-2019.pdf)
Confidentiality 21
Health England weekly ‘Notification of Infectious purposes. These include disclosures for the administra-
Diseases Report’ illustrating a wide range of condi- tion of justice, and for purposes such as financial audit
tions that registered medical practitioners in England and insurance or benefits claims. Anonymised infor-
& Wales have a statutory duty to notify a ‘Proper Officers mation will usually be sufficient for purposes other
of the local authority’ (who may be the Consultant in than the direct care of the patient and you must use it
Communicable Disease Control). in preference to identifiable information wherever pos-
Certain government agencies or bodies may have sible. If you disclose identifiable information, you must
statutory power to access patients’ records. Patients’ be satisfied that there is a legal basis for breaching con-
medical records and related personal information fidentiality. The patient must always be made aware of
may be required by regulatory bodies if there has the nature and extent of information being disclosed.
been a complaint against a healthcare professional. The information disclosed must be unbiased, relevant
Courts may require access to medical records when and limited to the needs expressed. The patient should
there is a concern that medical issues or conditions generally be offered the opportunity to see any report
might materially be relevant in a case. Information or disclosure prior to it being disclosed, unless poten-
must be disclosed if it is required by statute, or if tially non-disclosable confidential information about
ordered by a judge or presiding officer of a court. It another person is contained within it.
is important to ensure that disclosure is required by
law and information should only be disclosed that is Disclosure in the public interest
relevant to the request. Patients should be informed Confidential medical care is recognised in law as being
about such disclosures, unless the purpose would be in the public interest. There may be a public interest in
undermined, for example, by prejudicing the preven- disclosing information if the benefits to an individual or
tion, identification or prosecution of serious crime. society outweigh both the public and the patient’s inter-
If there is some ambiguity about the lawfulness of a est in keeping the information confidential. In particu-
request and if disclosure is not consented to, then legal lar, in the forensic context, disclosure may be justified to
advice and advice from a medical defence organisa- protect individuals or society from risks of serious harm,
tion or Caldicott guardian should be sought. The GMC such as from serious communicable diseases or serious
provides a framework about disclosing patients’ per- crime.
sonal information. In some circumstances, disclosing personal infor-
mation without consent is justified in the public inter-
Disclosing information with consent est for important public benefits, other than to prevent
Certain patients may wish to withhold particular death or serious harm, if there is no reasonably prac-
aspects of personal information, and unless other rea- ticable alternative to using personal information. It
sons for disclosure apply this wish must be respected. If is always appropriate to seek advice in such circum-
such a request might influence aspects of medical care, stances, for example from a Caldicott Guardian or a
it should be ensured that the patient is fully aware that medicolegal adviser from a medical defence organisa-
withholding information may compromise that care. tion. In addition to risks of harm, there are more gen-
Those who are provided with such information must eral areas where disclosure may be permissible in the
be reminded of their own duty of confidence. Clinical public interest and these can relate to areas such as
situations such as medical emergencies may mean that research, education and public health. The opportunity
information is passed without consent, and an explana- to anonymise such information should always be taken
tion should later be given to the patient advising them if appropriate, although in many settings it may be pos-
of the reasons for that disclosure. Disclosure may also sible to obtain consent. A decision to disclose must also
be permitted for audit if the patient is aware of that pos- take into account the practicalities of obtaining con-
sibility and they have not objected to it. sent in relation to the need for disclosure.
the details and implications of what is proposed. optimise care. Previously the standard test to measure
This is more important than how their consent is whether there has been a breach in their duty of care was
expressed or recorded. known as the Bolam test, which was introduced following
• Patients can give consent orally or in writing, or the landmark clinical negligence claim Bolam v Friern
they may imply consent by complying with the pro- Hospital Management Committee 1957. The test expects
posed examination or treatment, for example, by that standards of care have been followed in accordance
rolling up their sleeve to have their blood pressure with a responsible body of opinion, that is, the medical
taken. professional must demonstrate that they acted in a way
• In the case of minor or routine investigations or that a responsible body of medical professionals in the
treatments, if you are satisfied that the patient same field would regard as acceptable or reasonable.
understands what you propose to do and why, it is However, in the UK the law on informed consent has
usually enough to have oral or implied consent. changed following a Supreme Court judgement. Doctors
• In cases that involve higher risk, it is important must now ensure that patients are aware of any ‘material
that you get the patient’s written consent. This is risks’ involved in a proposed treatment, and of reason-
so that everyone involved understands what was able alternatives, following the judgement in the case
explained and agreed. Montgomery v Lanarkshire Health Board. This is a marked
• By law you must get written consent for certain change to the Bolam test. This test will no longer apply to
treatments, such as fertility treatment. You must the issue of consent, although it will continue to be used
follow the laws and codes of practice that govern more widely in cases involving other alleged acts of neg-
these situations. ligence. In a move away from the ‘reasonable doctor’ to
the ‘reasonable patient’, the Supreme Court’s ruling has
You should also get written consent from a patient if: outlined the new test: ‘The test of materiality is whether,
• The investigation or treatment is complex or in the circumstances of the particular case, a reasonable
involves significant risks. person in the patient’s position would be likely to attach
• There may be significant consequences for the significance to the risk, or the doctor is or should reason-
patient’s employment, or social or personal life. ably be aware that the particular patient would be likely
• Providing clinical care is not the primary purpose to attach significance to it.’ This decision enshrines in
of the investigation or treatment. law principles that are already in the GMC’s guidance
• The treatment is part of a research programme or on consent. Consent may be given orally or in writing –
is an innovative treatment designed specifically for this is express or explicit consent. Consent may also be
their benefit. given implicitly, for example, by allowing blood pressure
• If it is not possible to get written consent, for exam- to be taken by removing clothing to give access to the
ple, in an emergency or if the patient needs the arm. It is generally accepted that for higher risk or more
treatment to relieve serious pain or distress, you complex procedures, if there is a risk to life or lifestyle,
can rely on oral consent. But you must still give the for research or in the criminal setting (e.g., the taking of
patient the information they want or need to make intimate samples such as penile or vaginal swabs) that
a decision. You must record the fact that they have written consent is appropriate. In some settings written
given consent, in their medical records. consent is mandatory.
The responsibility for seeking consent is that of the
Recording decisions doctor undertaking the investigation or treatment.
Such a duty can be delegated if the person to whom it is
• You must use the patient’s medical records or a delegated is appropriately trained and has appropriate
consent form to record the key elements of your dis- knowledge of the treatment or investigation proposed.
cussion with the patient. This should include the
information you discussed, any specific requests by
the patient, any written, visual or audio informa-
Young people, children and consent
tion given to the patient, and details of any deci- Age is not necessarily a determining factor in the ability
sions that were made. to consent, although it is generally accepted that those
aged 16 years and older have the capacity to make deci-
Patients with capacity to make decisions sions about treatment or care. Many children below the
Consent is a key concept of healthcare and it is expected age of 16 years may also have the capacity to understand
that all decisions about treatment and healthcare come and consider options. In the UK the GMC publishes guid-
about as a result of collaboration between doctors and ance on making decisions in those aged under 18 years
patients. Consent should be based on trust, openness and and how capacity and best interests may be assessed. The
good communication. In the UK, doctors are expected capacity of children below the age of 16 years to consent
to work in partnership with their patients in order to to medical treatment depends on whether the child has
24 The ethics of medical practice
achieved a sufficient understanding and intelligence to This test of competence is utilised in a number of
appreciate the purpose, nature, consequences and risks other jurisdictions.
of a particular treatment (including no treatment) and
has the ability to appraise the medical advice. Reference Patients without capacity to make
is made in England & Wales to Gillick competency and
the Fraser guidelines. Gillick competency and the Fraser decisions
guidelines refer to a legal case which looked specifically If patients are unable to make decisions for themselves,
at whether doctors should be able to give contraceptive the doctor must engage with those who are close to the
advice or treatment to under 16-year-olds without paren- patient and with colleagues involved in the healthcare.
tal consent. They are now widely used to help assess In England & Wales decisions about those who lack
whether a child has the maturity to make their own deci- capacity is governed by the Mental Capacity Act 2005
sions and to understand the implications of those deci- (MCA). The MCA is intended to protect and empower
sions. Following an initial court case and then an appeal, people who may lack the mental capacity to make their
the case went to the House of Lords and the Law Lords own decisions about their care and treatment. It applies
(Lord Scarman, Lord Fraser and Lord Bridge) ruled in to people aged 16 and over. It covers a range of decisions
favour of the judgement delivered by Mr. Justice Woolf about everyday living (e.g., what to wear) and more seri-
in the original case (Gillick v West Norfolk 1984): ous potentially life-changing decisions (e.g., having
major surgery). There is no specific group that lacks
…whether or not a child is capable of giving the neces-
capacity but examples of conditions which may have an
sary consent will depend on the child’s maturity and
understanding and the nature of the consent required. effect include:
The child must be capable of making a reasonable
• Dementia
assessment of the advantages and disadvantages of the
treatment proposed, so the consent, if given, can be • Severe learning disability
properly and fairly described as true consent. • Brain injury
• Mental health illness
The Fraser guidelines refer to the guidelines set out • Cerebrovascular accident
by Lord Fraser in his judgement of the Gillick case in • Unconsciousness caused by an anaesthetic or
the House of Lords (1985), which apply specifically to sudden accident
contraceptive advice. Lord Fraser stated that a doctor
could proceed to give advice and treatment: The presence of these or other health conditions
does not automatically mean that the individual lacks
‘provided he is satisfied in the following criteria: the capacity to make a specific decision, and the nature
• that the girl (although under the age of 16 years of age) of capacity may vary dependent on the task (e.g., they
will understand his advice. may lack the ability to make financial decisions, but be
• that he cannot persuade her to inform her parents or able to manage day-to-day tasks). The MCA assumed
to allow him to inform the parents that she is seeking that every person has the capacity to make a decision
contraceptive advice. themselves, unless it is proved otherwise; that wherever
• that she is very likely to continue having sexual inter-
possible, people should be assisted in making decisions;
course with or without contraceptive treatment.
an unwise decision does not necessarily mean a per-
• that unless she receives contraceptive advice or treat-
ment her physical or mental health or both are likely son lacks capacity; and if decision making on behalf of
to suffer. someone who lacks capacity you must act in their best
• that her best interests require him to give her contra- interests. Additionally, treatment and care provided to
ceptive advice, treatment or both without the parental someone who lacks capacity should be the least restric-
consent.’ tive of their basic rights and freedoms.
The Act sets out a 2-stage test of capacity:
In the same case Lord Scarman commented:
…it is not enough that she should understand the nature 1. Does the person have an impairment of their
of the advice which is being given: she must also have a mind or brain, whether as a result of an illness,
sufficient maturity to understand what is involved or external factors such as alcohol or drug use?
2. Does the impairment mean the person is unable
and more generally on parents’ versus children’s
to make a specific decision when they need to?
rights:
…parental right yields to the child’s right to make his Mental capacity can also fluctuate with time – some-
own decisions when he reaches a sufficient under- one may lack capacity at one point in time, but may be
standing and intelligence to be capable of making up able to make the same decision at a later point in time.
his own mind on the matter requiring decision. Whenever possible people should be allowed the time
Regulation of doctors and other professionals 25
to make a decision themselves. The determination of all practising doctors in the UK, separate from the reg-
capacity is made by determining whether the person is istration system. The GMC has legal powers designed to
able to: maintain the standards the public have a right to expect
of doctors. If a doctor fails to meet those standards, the
• Understand the decision to be made and the infor- GMC acts to protect patients from harm – if necessary,
mation provided about the decision: the conse- by seeking to remove the doctor from the register and
quences of making a decision must be included in removing their right to practise medicine.
the information given. Before the GMC can stop or limit a doctor’s right to prac-
• Retain the information: a person should be able tise medicine, it needs evidence of impaired fitness to prac-
to retain the information given for long enough tise. Examples of such evidence include doctors who have
to make the decision – information can only be not kept their medical knowledge and skills up to date and
retained for short periods of time, it should not are not competent, have taken advantage of their role as a
automatically be assumed that the person lacks doctor or have done something wrong, are too ill, or have
capacity, for example, written information could not adequately managed a health problem to enable them
be used to assist a person’s ability to retain it. to work safely. The GMC can also issue a warning to a doc-
• Use that information in making the decision: a tor where the doctor’s fitness to practise is not impaired but
person should be able to weigh up the advantages there has been a significant departure from the principles
and disadvantages of making the decision. set out in the GMC’s guidance for doctors, Good Medical
• Communicate their decision: if a person cannot Practice. A number of sanctions are available. For example,
communicate their decision, for example, if they a warning will be disclosed to a doctor’s employer and to
are unconscious, the Act specifies that they should any other enquirer during a 5-year period. A warning will
be treated as if they lack capacity. All efforts should not be appropriate where the concerns relate exclusively to
be made to help the person communicate their a doctor’s physical or mental health.
decision before deciding they are not able to do so. Doctors (and other healthcare professionals) in the
UK have a ‘professional duty of candour’, and detailed
guidance as to how this ought to be achieved in practice
Regulation of doctors and other has been issued by the GMC. In essence, it is a duty to be
professionals honest with patients when things go wrong, and builds
on the recommendations made by Sir Robert Francis in
The General Medical Council the wake of the significant failures in the provision of
Regulation of the work of healthcare professionals is basic healthcare in Mid Staffordshire NHS Foundation
governed in many countries around the world by regula- Trust hospital.
tory bodies that may have powers to assess the individ-
ual’s performance and work. In the UK, the regulatory
body for registered medical practitioners (doctors) is the
Legal framework for GMC fitness
General Medical Council (GMC). The Medical Act 1858 to practise procedures
established the General Council of Medical Education The legal framework for the Fitness to Practise proce-
and Registration of the United Kingdom as a statutory dures is set out in the Medical Act 1983 and the Fitness
body. Subsequent Acts have refined this. Currently all to Practise Rules 2004. These are updated at frequent
the GMC’s functions derive from a statutory require- intervals. In particular these rules set timelines and
ment for the establishment and maintenance of a structure to the procedures.
register, which is the definitive list of doctors as provi- The Medical Act gives the GMC powers and respon-
sionally or fully ‘registered medical practitioners’. The sibilities for taking action when questions arise about
GMC controls entry to the List of Registered Medical doctors’ fitness to practise. The detailed arrangements
Practitioners (‘the medical register’). The Medical Act for how these matters are investigated and adjudicated
1983 (amended) notes that, ‘The main objective of the upon are set out in rules which have the force of law.
General Council in exercising their functions is to pro- Procedures are divided into two separate stages:
tect, promote and maintain the health and safety of the ‘Investigation’ and ‘Adjudication’. In the investigation
public.’ The GMC also regulates and sets the standards stage cases are assessed to determine whether they need
for medical schools in the UK, and liaises with other referral to the Medical Practitioners Tribunal Service
nations’ medical and university regulatory bodies over (MPTS) for adjudication. The adjudication stage consists
medical schools overseas, leading to some qualifica- of a hearing by a medical practitioner’s tribunal.
tions being mutually recognised. It also regulates post- Where the complaint raises questions about the doc-
graduate medical education. Most recently the GMC is tor’s fitness to practise, an investigation will commence
responsible for a licensing and revalidation system for and the complaint will be disclosed to the doctor and
26 The ethics of medical practice
his/her employer/sponsoring body. This is intended to beyond the period initially set, the GMC will apply to
ensure that there is a complete overview of the doctor’s the High Court (or the Court of Session in Scotland) for
practice and makes the information available to those permission to do so.
responsible for local clinical governance. Further infor- The Fitness to Practise Panel hears evidence and
mation may be sought from the complainant, whose decides whether a doctor’s fitness to practise is impaired.
consent will be needed to disclose the complaint to the Fitness to Practise hearings are the final stage of proce-
doctor. dures following a complaint about a doctor.
The doctor is given an opportunity to comment on A Fitness to Practise Panel is composed of medi-
the complaint. An investigation may need further doc- cal and non-medical persons and normally comprises
umentary evidence from employers, the complainant three to five panelists. In addition to the chairman, who
or other parties, witness statements, expert reports on may be medical or non-medical, there must be at least
clinical matters, an assessment of the doctor’s perfor- one medical and one non-medical panelist on each
mance and an assessment of the doctor’s health. panel. A legal assessor sits with each panel and advises
At the end of the investigation of allegations against on points of law and of mixed law and fact, including the
a doctor, the case will be considered by two senior procedure and powers of the panel. One or more spe-
GMC staff known as case examiners (one medical and cialist advisers may also be present to provide advice to
one non-medical) who can conclude the case with no the panel in relation to medical issues regarding a doc-
further action, issue a warning, refer the case to the tor’s health or performance. The GMC is normally repre-
Panel or agree undertakings. They must have in mind sented at the hearing by a barrister. The doctor is invited
the GMC’s overarching objective of public protection to attend and is usually present and legally represented.
(including the protection of patients and maintaining Both parties may call witnesses to give evidence and if
public confidence in the profession) in considering they do so the witness may be cross-examined by the
whether there is a realistic prospect of establishing that other party. The panel may also put questions to the
a doctor’s fitness to practise is impaired to a degree jus- witnesses. The panels meet in public, except where they
tifying action on registration. Cases can only be con- are considering confidential information concerning
cluded or referred to a Fitness to Practise Panel with the doctor’s health or they are considering making an
the agreement of both a medical and non-medical case interim order.
examiner. If they fail to agree, the matter will be con- Once the panel has heard the evidence, it must decide
sidered by the Investigation Committee, a statutory whether the facts alleged have been found proved and
committee of the GMC. A warning will be appropriate whether, on the basis of the facts found proved, the doc-
if there is evidence to suggest that the practitioner’s tor’s fitness to practise is impaired and, if so, whether
behaviour or performance has fallen below acceptable any action should be taken against the doctor’s registra-
standards to a degree warranting formal censure by tion. If the panel concludes that the doctor’s fitness to
the GMC, but does not w arrant referral to a tribunal, practise is impaired, the following sanctions are avail-
and action on registration is not necessary. A decision able: to take no action; to accept undertakings offered
may be made that, despite there being evidence that the by the doctor provided that the panel is satisfied that
practitioner’s practice is impaired, no further action such undertakings protect patients and the wider pub-
will be taken if that practitioner accepts undertakings lic interest; to place conditions on the doctor’s registra-
restricting future practice or behaviour, or to undergo tion; to suspend the doctor’s registration; or to erase the
medical supervision or retraining, for example. doctor’s name from the Medical Register, so that they
At any stage of the investigation a doctor may be can no longer practise. The process is summarised in
referred to an interim orders tribunal of the MPTS which Figure 2.2.
can suspend or impose conditions on a doctor’s practice Doctors have a right of appeal to the High Court (Court
while the investigation continues. Cases referred to an of Session in Scotland) against any decision by a panel to
interim order tribunal are those where the doctor faces restrict or remove their registration. The GMC, and the
allegations of such a nature that it may be necessary Professional Standards Authority (which oversees and
for the protection of patients, or it may be in the public scrutinises nine healthcare regulatory bodies in the UK),
interest or in the interests of the doctor for the doctor’s may also appeal against certain decisions if they consider
registration to be restricted whilst the allegations are the decision was too lenient. Any doctor whose name has
resolved. An interim orders tribunal may make an order been erased from the Medical Register (‘the Register’)
suspending a doctor’s registration or imposing condi- by a Fitness to Practise Panel can apply for their name to
tions upon a doctor’s registration for a maximum period be restored to the Register. Doctors cannot apply to have
of 18 months. An interim orders tribunal must review their name restored to the Register until after a period
the order within 6 months of the order being imposed, of 5 years has elapsed since the date their name was
and thereafter, at intervals of no more than 6 months. erased. These processes were brought into sharp focus
If an interim orders tribunal wishes to extend an order in 2018 by the case of Dr Hadiza Bawa-Garba who had
Dealing with concerns about a doctor
been erased from the Register, despite recognised institu- Francis R. Report of the Mid Staffordshire NHS Foundation Trust
tional failings at the time. Dr Bawa-Garba was convicted Public Inquiry, 2013. https://www.gov.uk/government/pub-
of gross negligence manslaughter following the death of lications/report-of-the-mid-staffordshire-nhs-foundation-
six-year-old Jack Adcock from sepsis. The MPTS decided trust-public-inquiry (Accessed 1 April 2019).
she should be allowed to return to train and practise as a General Medical Council. Confidentiality: guidance for doctors.
Manchester: GMC, 2009. http://www.gmc-uk.org/guidance/
doctor after a year’s suspension. The GMC had appealed
ethical_guidance/confidentiality.asp (Accessed 1 April 2019).
that MPTS decision. The GMC argued suspension was General Medical Council. Consent: patients and d octors mak-
not sufficient and appealed the MPTS’s sanction to the ing decisions together. Guidance for doctors. https://www.
Divisional Court of the Queen’s Bench Division of the gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/
High Court. The Divisional Court held that the MPTS’s consent (Accessed 1 April 2019).
decision was not consistent with, and did not respect, General Medical Council. 0–18 years: Guidance for all doctors.
the verdict of the jury that Dr Bawa-Garba’s conduct was https://www.gmc-uk.org/ethical-guidance/ethical-guidance-
‘truly exceptionally bad’. The Divisional Court considered for-doctors/0-18-years (Accessed 1 April 2019).
that the MPTS had been wrong to take into account that General Medical Council. Guidance to the GMC’s Fitness to
there were systemic failings of the Hospital and that Dr Practise Rules 2004 (as amended) (2016). https://www.gmc-
uk.org/-/media/documents/DC4483_Guidance_to_the_FTP_
Bawa-Garba shared with others the responsibility for
Rules_28626691.pdf (Accessed 1 April 2019).
failings in the care and treatment of Jack. The Divisional General Medical Council. Fitness to practise statistics 2016.
Court concluded that, in view of the decision of the jury as https://www.gmc-uk.org/-/media/documents/2016-fitness-
to Dr Bawa-Garba’s personal culpability, the MPTS was to-practise-annual-statistics_pdf-71779372.pdf (Accessed 1
wrong to think that public confidence in the profession April 2019).
could be maintained by any sanction short of erasure General Medical Council. Good medical practice. https://www.
from the Medical Register. The Divisional Court, there- gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/
fore, quashed the order of suspension of the MPTS and good-medical-practice (Accessed 1 April 2019).
substituted an order of erasure. Subsequently the Court General Medical Council. Openness and honesty when
of Appeal unanimously held that the Divisional Court things go wrong: the professional duty of candour.
ht tps: //w w w.gmc-uk .org/ethical- guidance/ethical-
was wrong to interfere with the decision of the MPTS. The
guidance-for-doctors/candour---openness-and-honesty-
Court of Appeal set aside the order of the Divisional Court when-things-go-wrong (Accessed 1 April 2019).
that Dr Bawa-Garba should be erased from the Medical General Medical Council. Disclosing personal information: a
Register and restored the order of the Tribunal that she be framework. https://www.gmc-uk.org/ethical-guidance/ethi-
suspended from practice for 12 months subject to review. cal-guidance-for-doctors/confidentiality/disclosing-patients-
On 13 August 2018, the Court of Appeal overturned the personal-information-a-framework (Accessed 1 April 2019).
High Court’s decision to remove Dr Bawa-Garba from the General Medical Council. Managing and protecting personal
medical register following the successful outcome of her information. https://www.gmc-uk.org/ethical-guidance/
appeal. ethical-guidance-for-doctors/confidentiality/managing-and-
Regulatory bodies for other healthcare professionals protecting-personal-information (Accessed 1 April 2019).
General Medical Council. Intimate examinations and chaperones,
in the UK follow a process similar to that of the GMC
2013. www. gmc-uk.org/-/media/documents/maintaining-
when assessing the performance of practitioners. All boundaries-intimate-examinations-and-chaperones_pdf-
publish regular updates of their fitness to practise find- 58835231.pdf (Accessed 20 May 2019).
ings and the outcomes. Gillick v West Norfolk and Wisbech AHA [1986] AC 112. http://www.
bailii.org/uk/cases/UKHL/1985/7.html (Accessed 1 April 2019).
Health & Care Professionals Council. Fitness to Practice
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Further general resources 29
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Research Ethics Committees. https://www.hra.nhs.uk/plan-
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governance-arrangement-research-ethics-committees/ Further general resources
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ments/annual_reports_and_accounts/ftpannualreports/ Nursing and Midwifery Council. https://www.nmc.org.uk/
annual-fitness-to-practise-report-2016-2017.pdf (Accessed 2 (Accessed 2 April 2019).
April 2019). Professional Standards Authority (PSA). https://www.
Pattinson SD. Medical Law and Ethics, 4th edn. London: Sweet & professionalstandards.org.uk (Accessed 2 April 2019).
Maxwell; 2014. World Medical Association (WMA). https://www.wma.net/
Payne-James JJ. Confidentiality and consent in police custody: (Accessed 2 April 2019).
general principles. J Forensic Leg Med 2018;57:66–72.
3 Medicolegal aspects of death
Introduction process may take many hours, although this will not be
evident to observers.
All doctors and most healthcare professionals encoun-
ter death, and the dying, at some time in their career. It Somatic death and resuscitation
is important to have an understanding of the medical
Somatic death means that the individual will never
and legal aspects of these phenomena.
again communicate or deliberately interact with the
environment. The individual is irreversibly unconscious
Definition of death and unaware of both the world and their own existence.
Only organisms that have experienced life can die, as The key element in this definition is ‘irreversible’, as lack
death represents the cessation of life in a previously liv- of communication and interaction with the environ-
ing organism. Medically and scientifically, death is not an ment may occur in a variety of settings such as when in
event; it is a process in which cellular metabolic processes a deep sleep, under anaesthesia, under the influence of
in different tissues and organs cease to function at differ- drugs or alcohol or as a result of a temporary coma from
ent rates. head injury.
This differential rate of cellular death results in sub- There is no statutory definition of death in the United
stantial debate – from ethical, cultural, religious and Kingdom but, following proposed ‘brain death criteria’
moral perspectives – as to when ‘death’ actually occurs. by the Conference of Medical Royal Colleges in 1976, the
One pragmatic solution to this argument is to consider courts in England and Northern Ireland have adopted
the death of a single cell (cellular death) and the ces- these criteria as part of the law for the diagnosis of death.
sation of the integrated functioning of an individual In 2008, the Academy of Medical Royal Colleges
(somatic death) as two separate aspects. published a ‘Code of Practice for the Diagnosis and
Confirmation of Death’, stating that
Cellular death
Death entails the irreversible loss of those essential
Cellular death implies the cessation of respiration (the characteristics which are necessary to the existence
utilisation of oxygen) and the normal metabolic activ- of a living human person and, thus, the definition of
ity in the body tissues and cells. Cessation of respira- death should be regarded as the irreversible loss of the
tion is soon followed by autolysis and decay, which, if capacity for consciousness, combined with irreversible
it affects the whole body, is unchallengeable evidence loss of the capacity to breathe. This may be secondary
of true death. The differences in cellular metabolism to a wide range of underlying problems in the body, for
determine the rate at which cells die and are not all example, cardiac arrest… The irreversible cessation of
simultaneous – with the exception of an event such as brain-stem function whether induced by intracranial
events or the result of extracranial phenomena, such
synchronous death of all of the cells following a nuclear
as hypoxia, will produce this clinical state and there-
explosion.
fore irreversible cessation of the integrative function of
Skin and bone can remain metabolically active the brain-stem equates with the death of the individual
and thus ‘living’ for many hours and their cells can be and allows the medical practitioner to diagnose death.
successfully cultured days after somatic death. White
blood cells are capable of movement for up to 12 hours Criteria for the diagnosis and confirmation of death
after cardiac arrest – a fact that makes the concept of are specified following cardiorespiratory arrest, in a
microscopic identification of a ‘vital reaction’ to injury primary care setting and in hospital, and following
of doubtful reliability. The cortical neuron, on the other irreversible cessation of brain-stem function, where
hand, dies after only 3–7 minutes of complete oxygen specified conditions have been fulfilled (see Boxes
deprivation. A body dies cell by cell and the complete 3.1–3.3).
Prolonged disorders of consciousness 31
Box 3.1 C riteria for the diagnosis and confirmation of death following
c ardiorespiratory arrest
Simultaneous and irreversible onset of apnoea and ensuring an absence of a central pulse on palpation
unconsciousness in the absence of the circulation, fol- and an absence of heart sounds on auscultation.
lowing ‘full and extensive attempts’ at reversal of any In a hospital setting, supplementary ‘evidence’ of
contributing causes of cardiorespiratory arrest. death may be provided in the form of asystole on a
One of the following applies: continuous electrocardiogram (ECG) display, absence
of contractile activity using echocardiography or
• Criteria for not attempting cardiopulmonary
absence of pulsatile flow using direct intra-arterial
resuscitation (CPR) are fulfilled, or
pressure monitoring.
• CPR attempts have failed, or
Confirmation of the absence of pupillary responses
• Life-sustaining treatment has been withdrawn,
to light, of the corneal reflexes and any motor response
where a decision has been made that such treat-
to supra-orbital pressure.
ment is not in the patient’s best interest, or where
The time of death is recorded when these criteria
there is an ‘advance decision’ from the patient to
have been fulfilled.
refuse such treatment.
S ource: Adapted from Academy of Medical Royal Colleges.
The person responsible for confirming death (2008). A Code of Practice for the Diagnosis and
observes the individual for a minimum of 5 minutes, Confirmation of Death. London.
Advances in resuscitation techniques in recent There is a spectrum of survival: some patients will
decades, for example in technologies such as ventila- recover both spontaneous respiration and conscious-
tion, and in the pharmacological support of the uncon- ness, others will not regain consciousness but will regain
scious patient, result in the survival of patients who the ability to breathe on their own and some will regain
would otherwise have died as a result of direct cerebral neither consciousness nor the ability to breathe and will
trauma or of cerebral hypoxia from whatever cause. require permanent artificial ventilation to remain ‘alive’.
Previously, brain-stem death would eventu-
ally result in respiratory arrest causing myocardial Prolonged disorders of
hypoxia and cardiac arrest. Artificial ventilation
interrupts that process and while ventilation is con- consciousness
tinued, myocardial hypoxia and cardiac arrest are Disorders of consciousness (DOC) include: coma,
prevented. vegetative state (VS), and minimally conscious state
Box 3.2 C riteria for the diagnosis of death following irreversible cessation of
brain-stem function (adults and children over the age of 2 months)
Absence of brain-stem reflexes: where arterial blood gas sampling confirms an
increase in PaCO2 by more than 0.5 kPa above the
• Pupils are fixed and do not respond to changes in
starting level.
light intensity.
• Corneal reflex is absent. Brain-stem testing should be made by at least
• Oculovestibular reflexes are absent when ice-cold two medical practitioners, registered for more than 5
water is introduced into the ear canals. years, and who are competent in the interpretation of
• No motor responses within the cranial nerve dis- such tests; at least one of these individuals must be a
tribution can be elicited by stimulation of any consultant.
somatic area. Ancillary investigations – cerebral angiography, per-
• No cough reflex response to bronchial stimulation fusion and neurophysiological – may be appropriate in
by a suction catheter placed in the trachea down some circumstances; brain-stem tests cannot be per-
to the carina. formed, for example, where there are extensive maxil-
• No gag response to stimulation of the posterior lofacial injuries.
pharynx with a spatula.
Source: Adapted from Academy of Medical Royal Colleges.
• No spontaneous respiratory response following
(2008). A Code of Practice for the Diagnosis and
disconnection from the ventilator (‘apnoea test’), Confirmation of Death. London.
32 Medicolegal aspects of death
Box 3.3 C
onditions necessary for the diagnosis and confirmation of death f ollowing
irreversible cessation of brain-stem function
Irreversible brain damage resulting from damage of Potentially reversible circulatory, metabolic and
known aetiology or, following continuing clinical obser- endocrine disturbances have been excluded as the
vation and investigation, there is no possibility of a cause of the continuation of unconsciousness, includ-
reversible or treatable underlying cause being present. ing hyperglycaemia or hypoglycaemia.
Potentially reversible causes of coma have been Potentially reversible causes of apnoea have been
excluded. excluded, for example the effects of neuromuscular
There is no evidence that the state is caused by blocking agents.
depressant drugs, for example narcotics, hypnotics or
tranquillizers; specific antagonists may need to be used.
Source: Adapted from Academy of Medical Royal Colleges.
Hypothermia as the cause of unconsciousness has (2008). A Code of Practice for the Diagnosis and
been excluded. Confirmation of Death. London.
(MCS). Following severe brain injury, many patients 12 months after traumatic brain injury or 3 months
progress through stages of coma, VS and MCS as they after non-traumatic brain injury. The UK RCP guide-
emerge into a state of full awareness. However, some lines recommended a more cautious period of 6
will remain in a vegetative or minimally conscious months for non-traumatic brain injury. In light of the
state for the rest of their lives. The diagnosis, manage- documented late recoveries, it is important to view
ment and lifelong (including end-of-life [EOL]) care the temporal definitions as probabilities. The US Task
of adults who have prolonged disorders of conscious- Force emphasised that permanent VS refers to progno-
ness (PDOC), persisting for more than 4 weeks fol- sis and identifies the point after which recovery of con-
lowing sudden onset profound acquired brain injury sciousness is ‘highly improbable’ but not impossible.
is a sensitive and complex area. In 2013, The Royal In such circumstances, the withdrawal of hydration
College of Physicians published ‘Prolonged Disorders and assisted nutrition may be considered in the ‘best
of Consciousness: National Clinical Guidelines, which interests’ of the patient.
advise clinical and ethical standards of care for peo- The first, and most significant case regarding the
ple with PDOC.’ For the purposes of the guidelines, legality of such withdrawal of ‘life sustaining’ treatment
the definitions in Table 3.1 are used to differentiate concerned Tony Bland, in ‘persistent vegetative state’
between these states. following an accident at a football ground (Airedale
Based on a large cohort analysis the American NHS Trust v Bland). Since that case, in which permis-
Academy of Neurology practice guideline recom- sion to remove assisted feeding was granted, additional
mended that VS may be judged to be ‘permanent’ cases have sought to clarify the position following the
enactment of the Human Rights Act 1998, the ‘right to the issues of consent for removal of organs for either
life’ and the right not to be subjected to inhuman and research or transplantation under the Human Tissue
degrading treatment. Act where donors are deceased. It applies in England,
A recent judgement in the UK Supreme Court, the Wales and Northern Ireland, and is not affected by the
UK’s highest court, has determined that legal permis- Human Transplantation (Wales) Act 2013. The guidance
sion from the Court of Protection will no longer be is summarised in Figure 3.1.
needed to end life support for patients in a permanent The organs and tissues to be transplanted may derive
VS when relatives and doctors agree it should be turned from one of several sources, which are outlined below.
off (An NHS Trust and others v Y and another 2018). The
case related to a the 52-year-old financial analyst – Mr Y Homologous transplantation
who was in a PDOC. After suffering a cardiac arrest as a
result of coronary artery disease, experts agreed it was Homologous transplantation is the process by which
highly improbable that Mr Y would re-emerge into con- tissue is moved between sites on the same body. For
sciousness and, even if he did, he would have profound example, skin grafts may be taken from the thigh to
cognitive and physical disability and would always be place on a burn site or bone chips from the pelvis may be
dependent on others. taken to assist in the healing of a fracture of a long bone.
Homologous blood transfusion can be used in certain
Tissue and organ transplantation situations such as when there is a religious objection to
the use of anonymously donated blood.
The laws relating to tissue and organ donation and
transplantation are dependent upon the religious and
ethical views of the country in which they apply. The Live donation
laws vary in both extent and detail around the world, In this process, tissue is taken from a living donor
but there are very few countries where transplanta- whose tissues have been matched to, or are compat-
tion is expressly forbidden and few religions that for- ible with, those of the recipient. The most common
bid it – Jehovah’s Witnesses are one such group; they example is blood transfusion but marrow transplan-
also reject transfusion of donated blood. In the UK, the tation is now very common. Other live donations
Human Tissue Authority has issued guidance regarding frequently involve the kidneys as these are paired
Removal
of organ
from
deceased
The donor
Consent from the The Consent from the
deceased donor* is primary purpose
primary purpose deceased donor* is
required to remove/ for the removed organ
for the removed organ is required to remove/
store/use the organ is for research - the organ
for transplantation use the organ for
for research is not going to be
transplantation
transplanted
Organ Organ
transplantation is transplanted
occurs and treatment (no planned research
is combined with intervention)
research
Organ
* Consent in this case cannot be Recipient
means either the consent Treatment interventions being
transplanted consent is
of the donor, their researched can take place before or
required for
nominated representative after implantation of the removed
transplantation
or - in the absence of organ. The organ can be
either of these - the sent for disposal or,
consent of a person in Health research involving patients is with valid consent
the most appropriate subject to approvals from relevant from the deceased
‘qualifying relationship’ bodies. donor*, stored and/
to the donor immediately or used for research
before they died. More Note: Recipients of organs subjected to
guidance on this is research interventions must have given
available from the HTA. their consent to receive the organs.
Figure 3.1 Consent requirements for removal of organs for research or transplantation. (Adapted from HTA. Guidance
on consent for transplantation research where donors are deceased.)
34 Medicolegal aspects of death
organs and live donors will, if the remaining kidney is Cadaveric donation
healthy, maintain their electrolyte and water balance
without problem. In many countries, cadaveric donation is the major
Most kidneys for transplant are derived from cadav- source of all tissues for transplantation. The surgical
eric donation, but live donation is also possible and the techniques to harvest the organs are improving, as
long-term clinical results are better. The removal of are the storage and transportation techniques, but the
kidneys from cadavers must follow legal requirements, best results are still obtained if the organs are obtained
including the definition of death and consent. Kidney while circulation is present or immediately after cessa-
donation by well selected living donors with good tion of the circulation. The aim is to minimise the ‘warm
health coverage carries negligible risks. This can only ischaemic time’. Some organs (e.g., kidneys) are more
be ensured through rigorous selection procedures, resilient to anoxia than others and can survive up to 30
careful surgical nephrectomy and follow up of the minutes after cessation of cardiac activity.
donor to ensure the optimal management of untoward Cadaveric donation is now so well established that
consequences. The Transplantation Society adopted most developed countries have sophisticated laws to
a consensus statement on the care of the live kidney regulate it. However, these laws vary greatly: some
donor, prepared by a forum involving over 100 experts countries allow the removal of organs regardless of the
from more than 40 countries from around the world. wishes of the relatives, whereas other countries allow
This consensus statement addressed the responsibil- for an ‘opting-out’ process in which organs can be taken
ity of communities for living donors. In particular, it for transplantation unless there is an objection from
defined the responsibilities of the transplant centre relatives. In the United Kingdom, Wales has enacted (in
which is charged, amongst other duties, with facili- 2015) legislation – the Human Transplantation (Wales)
tating the long-term follow up of living kidney donors Act 2013 which permits an opt-out system of organ
and, if need be, their treatment, with identifying and donation, known as presumed consent. The act permits
tracking complications that may be important in defin- hospitals to presume that people aged 18 or over, who
ing risks for informed consent disclosure (on the care have been resident in Wales for over 12 months, want
of the live kidney donor). The care of the live kidney to donate their organs at their death, unless they have
donor is often neglected in schemes where vulner- objected specifically. That Act is in contrast to the law
able individuals are exploited and encouraged to sell still applicable in England, which relies on an opt-in
their kidneys by unscrupulous practitioners. Forced system; only those who sign the NHS Organ Donation
organ harvesting is a form of organ trafficking. On Register, or whose families agreed, are considered to
June 17th 2019, The China Tribunal Report concluded have consented to be organ donors. In the latter system,
‘Forced organ harvesting has been committed for years the transplant team must ensure that the donor either
throughout China on a significant scale and that Falun gave active permission during life or at least did not
Gong practitioners have been one – and probably the object and that no close relative objects after death.
main – source of organ supply. The concerted persecu- The statutory framework governing organ dona-
tion and medical testing of the Uyghurs is more recent tion from the living and the dead for transplantation
and it may be that evidence of forced organ harvesting in England and Northern Ireland is embodied in the
of this group may emerge in due course. The Tribunal Human Tissue Act 2004 (with a similar framework in
has had no evidence that the significant infrastructure Scotland) – and the Human Tissue Authority has Codes
associated with China’s transplantation industry has of Practice to be followed in such circumstances. Code
been dismantled and in the absence of a satisfactory F, ‘Donation of solid organs and tissue for transplanta-
explanation as to the source of readily available organs, tion’ is the relevant one and emphasises that
concludes that forced organ harvesting continues … donated organs and tissue must be used in accordance
until today (https://chinatribunal.com/final-judge- with the expressed wishes of donors, their nominated
ment-report/). It is also alleged that in some countries representatives, or their relatives, that donors and their
prisoners of conscience are killed for the purpose of relatives must be given the information they need to be
removing one or more of their organs. The recipients able to make a decision that is right for them and that
those seeking consent should do so with sensitivity and
of these harvested organs are citizens of that country
an appreciation of the particular circumstances in each
or international transplant tourists who travel and pay
case. It also means that the dignity of the donor must be
substantial sums to receive trafficked organs. respected at all times and that practitioners should work
A World Health Assembly Resolution acknowledged with proper skill, care and training, in accordance with
the risk of exploitation of live kidney donors and urged good practice and other relevant professional guidance.
Member States to
If an autopsy will be required by law for any reason, the
protect the poorest and vulnerable groups from trans- permission of the Coroner, Procurator Fiscal or other legal
plant tourism and the sale of tissue and organs. officer investigating the death must be obtained before
Cause of death determination and certification 35
Figure 3.2 Sample of a Medical Certificate of Cause of Death (doctor’s counterfoil omitted).
Cause of death determination and certification 37
that is most important statistically and that is used to of relevant medical records and by making sure that
compile national and international mortality statistics. the family has the chance to raise any concerns. This
Doctors should not record the mode of death (e.g., independent review will make identifying malpractice
coma, heart failure) in isolation on the death certificate easier, provide opportunities for the NHS to learn and
but, if a mode is specified, it should be qualified by indi- address system failures earlier.
cating the underlying pathological abnormality leading One of the recommendations was the introduc-
to that mode of death. For example: tion of the new role of Medical Examiners (Medical
Reviewers in Scotland) in England & Wales. These are
seniors who will scrutinise and confirm the cause of all
Ia Congestive cardiac failure
deaths that do not need to be investigated by a coroner
Ib Essential hypertension before a medical certificate of cause of death (MCCD)
is issued (Figure 3.2). Reforms enabled in the Coroners
or
and Justice Act 2009, introduced Medical Examiners. In
Ia Coma April 2019 all acute hospitals in England & Wales began
Ib Subarachnoid haemorrhage to establish Medical Examiner (ME) services. MEs are
involved after a death. In all cases not investigated by a
Ic Ruptured congenital aneurysm coroner, the ME needs to address the following issues:
Some jurisdictions will allow specific causes of death • What did the person die from? (ensuring accuracy
that would not be allowed elsewhere. In the UK, it is of cause of death on the medical certificate)
acceptable in certain situations, i.e., if the patient is over • Does this case need to be reported to a coroner?
80 years of age, to record ‘Ia: Old age’. The term ‘frailty’ (ensuring timely, accurate referral)
may also be included. • Are there any clinical governance concerns?
At the other end of the age range, the diagnosis of (ensuring the relevant authority is notified)
sudden infant death syndrome (SIDS) is now well estab-
lished; unfortunately, the diagnostic criteria are seldom The ME addresses these issues by:
as well known and even less frequently are they applied • Carrying out a proportionate review of medical
to the letter. records (focusing on the last hospital admission,
The utility of the second part of the death certifi- selected investigation results, correspondence,
cate is perhaps questionable and has a tendency to be and interventions) – this is recorded on a form.
used as something of a ‘dustbin’ to record all, many • Discussing the case with the Qualified Attending
or some of the diseases afflicting the patient at the Practitioner (QAPs) who will complete the MCCD
time of death, regardless of their causative role in (the QAP will have completed a form which sum-
that death. Guidance for doctors completing Medical marises the QAP’s planned wording for the MCCD
Certificates of Cause of Death in England & Wales has – which will be discussed and agreed prior to com-
been updated by the Office for National Statistics in pletion of the MCCD with the ME).
2018. Similarly, the Scottish Government produced • Interacting with bereaved relatives to clarify
such guidance in 2014. whether they have any concerns or questions
In the UK, it has long been recognised that existing regarding the cause or circumstances of death,
arrangements for death certification are confusing, and review the MCCD.
provide inadequate safeguards, with no mechanism to
identify patterns, take action and learn from them. Currently this is a non-statutory process but it is
Dr Harold Shipman, a general practitioner, was able anticipated that a statutory service which will addi-
to kill many patients because he relied on others hav- tionally include oversight of all community and out-of-
ing no reason to question or suspect malpractice when hospital deaths will be in place by 2021. International
he certified the causes of death. The system depends classifications of disease are now well established and
on the integrity of a doctor and there is no independent the WHO produced, with the full official name, the
oversight. International Statistical Classification of Diseases and
Inquiries into deaths and practices at Mid Related Health Problems. The short form, International
Staffordshire and Southern Health NHS Foundation Classification of Diseases (ICD) is the international ‘stan-
Trusts showed that improved reporting and investiga- dard diagnostic tool for epidemiology, health manage-
tions could have prevented many unnecessary deaths. ment and clinical purposes’. ICD is the foundation for
A new system was proposed following a number of the identification of health trends and statistics glob-
reviews (starting with that of Harold Shipman in 2003), ally, and the international standard for reporting dis-
intended to introduce independent safeguards and eases and health conditions. ICD defines the universe
checks to highlight patterns, both through a review of diseases, disorders, injuries and other related health
38 Medicolegal aspects of death
conditions, listed in a comprehensive, hierarchical fash- Choi HJ, Yoon CH, Hyon JY, et al. Protocol for the first clinical trial to
ion that allows for: investigate safety and efficacy of corneal xenotransplantation
in patients with corneal opacity, corneal perforation, or impend-
• Easy storage, retrieval and analysis of health infor- ing corneal perforation. Xenotransplantation 2018;31:e12446.
mation for evidenced-based decision making. Coroners and Justice Act 2009. http://www.legislation.gov.uk/
• Sharing and comparing health information ukpga/2009/25/contents (Accessed 4 April 2019).
between hospitals, regions, settings and countries. Department of Health. Consultation on death certification
• Data comparisons in the same location across dif- reforms. https://www.gov.uk/government/consultations/
ferent time periods. death-certification-reforms (Accessed 4 April 2019).
Department of Health. Death certification reforms: draft guid-
Uses include monitoring of the incidence and prev- ance for registered medical practitioners. https://www.
alence of diseases, observing reimbursements and gov.uk /government/uploads/system/uploads/attach-
resource allocation trends and keeping track of safety ment_data/file/506784/Draft_guidance_-_notification_of_
and quality guidelines. They also include the counting deaths_regulations_A.pdf (Accessed 4 April 2019).
Ethics Committee of the Transplantation Society. The consensus
of deaths as well as diseases, injuries, symptoms, rea-
statement of the Amsterdam Forum on the Care of the Live
sons for encounter, factors that influence health status Kidney Donor. Transplantation 2004;78(4):491–492.
and external causes of disease. ICD can be used for both Freckleton I, Mendelson D (eds). Causation in Law and Medicine.
clinical diagnoses and death certificates. In this clas- Aldershot: Dartmouth Publishing Company/ Ashgate
sification, each condition is given a four-digit ICD code, Publishing Limited; 2002.
which simplifies both data recording and data analysis General Medical Council. Consent: patients and doctors making
and allows information from many national and inter- decisions together. http://www.gmc-uk.org/guidance/ethi-
national sources to be compared. The current version cal_guidance/consent_guidance_discussing_side_effects_
is ICD 10 and this will be superseded by ICD 11 in 2020. and_complications.asp (Accessed 4 April 2019).
A version of ICD 11 has been released in 2018 to allow General Medical Council. End of life care: certification, post-mor-
tems and referral to a coroner or procurator fiscal. http://www.
preparations to be made prior to formal launch.
gmc-uk.org/guidance/ethical_guidance/end_of_life_certifica-
In some countries, doctors also have to record tion_post-mortems_and_referral.asp (Accessed 4 April 2019).
the manner of death (e.g., homicide, suicide) on the Human Rights Act. 1998 http://www.legislation.gov.uk/
death certificate, as advocated by the World Health ukpga/1998/42/contents (Accessed 4 April 2019).
Organisation; however, in most Western countries Human Tissue Act 2004 C.30. http://www.legislation.gov.uk/
with an efficient medicolegal investigative system, ukpga/2004/30 (Accessed 4 April 2019).
the conclusion about the manner of death may be to Human Tissue Authority. Codes of practice and standards. https://
a legal officer, for example, the Coroner in England & www.hta.gov.uk /hta-codes-practice-and-s tandards-0
Wales, the Procurator Fiscal in Scotland or the Medical (Accessed 4 April 2019).
Examiner in some of the states of the USA. Chapter 4 Human Tissue Authority. Guidance on consent for transplantation
research where donors are deceased. https://www.hta.gov.uk/
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Further general resources 39
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vegetative state. Med Law Rev 2009;17:245–261.
The Human Transplantation (Wales) Act 2013 (Consequential Pro- Further general resources
vision) Order. http://www.legislation.gov.uk/uksi/2015/865/ Academy of Medical Royal Colleges (AMRC). http://www.aomrc.
article/3/made (Accessed 4 April 2019). org.uk (Accessed 4 April 2019).
The Task Force. The Multisociety Taskforce report on PVS: medical World Health Organisation (WHO). ICD-10. http://apps.who.
aspects of the persistent vegetative state, Part 1 and 2. New int/classifications/icd10/browse/2016/en (Accessed 4 April
Eng J Med 1994;330:1499–1508, 572–579. 2019).
United Nations. Manual on the effective prevention and inves-
tigation of extra-legal, arbitrary and summary e xecutions.
http://www.ohchr.org/Documents/ProfessionalInterest/
executions.pdf (Accessed 4 April 2019).
4 Violence in society,
medicolegal investigation of
death and the autopsy
▪▪ Introduction ▪▪ The ‘Minnesota protocol’
▪▪ Homicide and interpersonal violence ▪▪ Exhumation
▪▪ Medicolegal investigation of death ▪▪ Bibliography and information sources
▪▪ The autopsy ▪▪ Further general resources
Introduction (90.4 per 100,000). Box 4.1 explores the inequalities that
exist in violent death, as in life. The overall trend glob-
Both the clinical and pathological aspects of forensic ally appears to be one of a decreasing homicide burden.
medicine have substantial involvement in the investi- However, in the UK, the number of homicides (in the UK
gation and management of interpersonal violence, the the term embraces the offences of murder, manslaugh-
volume of which is a matter of public health concern ter and infanticide) has been increasing from its low
internationally. point in 2015–2016 to 726 in 2018.
Box 4.1 Inequalities in death – violence and homicide as a public health problem
Analysis of age-adjusted homicide rates in the USA age 28 years, compared with 40 years, respectively),
shows a marked difference between white and black and were more likely to be stabbed or shot (compared
males (8.7 per 100,000, compared with 66.2 per 100,000, with homicide by hitting, kicking etc.). Twenty-five per
respectively). Age was the strongest predictor of homi- cent of black victims were shot, compared with 6% of
cide rate, followed by the level of urbanisation. Rates white victims.
were significantly higher for both black and white men In the UK, analysis of the socioeconomic characteris-
living in areas of low educational levels, or high levels of tics of homicide victims between 1981 and 2000 reveals
income inequality, and rates were significantly lower in that people living in the poorest 10% of areas were 4.5
areas with a low prevalence of crowded housing. times more likely to be murdered than those living in
In England & Wales, of the homicides recorded in the least poor 10% of areas between 1981 and 1985,
the three-year period ending in March 2013, 77% of and 5.7 times more likely to be murdered between
victims were white, and 11% were black. Census data 1996 and 2000.
reported the relative proportions of white and black A study in Scotland showed a marked inequality in
individuals to be 86%, and 3%, respectively. Black death from assault; between 2000 and 2002; a man
victims were therefore over-represented, and white under 65 years living in one of the most deprived areas
under-represented. Black males were over four times was nearly 32 times more likely to die due to an assault
more likely to be a victim of homicide than white males than if he had been living in one of the most affluent
(5.5 per 100,000 compared with 1.2 per 100,000). Black areas, and a woman of the same age was 35 times more
victims were also younger than white victims (average likely to die due to an assault.
increased importance of interpersonal violence in this Female victims in this category of homicide were
region compared with violence related to other criminal younger than other female homicide victims (41 years
activities (including gang-related violence). compared with 51 years).
In England & Wales, 96% of male homicide victims, Male victims of this sort of homicide in England &
and 87% of female victims, over 16 years of age were Wales were more likely to be killed with a sharp instru-
killed by a man. ment than other male victims (60% compared with 38%),
whilst female victims of partner/ex-partner homicide
Global intimate partner and domestic were more likely to be killed by strangulation than other
female homicide victims (27% compared with 16%).
violence-related homicide Fifty-two per cent of all homicides in England &
Fourteen per cent of all homicide victims were killed Wales resulted from a quarrel, a revenge attack or a loss
by an intimate partner or a family member, with a of temper (rising to 61% where the principal suspect
global rate of 0.9 per 100,000. The rates were quite stable was known to the victim). Box 4.2 describes the extent
between regions, and over time, although the propor- of non-fatal intimate partner violence in the UK and
tions of this type of homicide compared with the total globally.
homicides within a region varied (e.g. 28% of all homi-
cides in Europe, compared with 8.6% of homicides in the Homicide mechanism
Americas). When the homicide rate was high in a region, Weapons played a significant role in homicide glob-
the proportion of deaths related to, for example, other ally (Box 4.3); firearms were involved in 177,000 (41%)
criminal activities was more prevalent than in regions of homicides, ‘other means’ (including physical force/
with low homicide rates. blunt objects) accounted for just over one third of
Female victims were consistently higher in this type deaths, whilst sharp objects accounted for 24% of
of homicide. Of the 93,000 women killed in 2012, 47% deaths.
were killed by an intimate partner or family member. Firearms were involved in 66% of deaths in the
Regional variations included: 3300 deaths in Europe, Americas, whilst ‘other means’ predominated in Europe
200 in Oceania, and 19,700 in Africa. (54%), and Asia (47%).
Seventy-nine per cent of those homicide victims Sharp objects were most commonly used in the UK
killed by intimate partners were women. accounting for 35% of deaths in 2012–2013 in England
Female homicide victims in England & Wales were & Wales, and 38% in Scotland between 2003 and 2013.
more likely than male victims to have been killed by a There was no significant difference in the proportion
partner or ex-partner (45% compared with 4%). Global of deaths from this mechanism between the genders
studies report comparable data of between 40%–70%. in England & Wales.
42 Violence in society, medicolegal investigation of death and the autopsy
The second most common method of killing in England Australia between 2008 and 2010 (that consumption
& Wales was ‘kicking or hitting without a weapon’ (20% of being by victim, perpetrator, or both).
the total), although there were gender differences present; This data gives a broad overview of the incidence,
25% of male homicide victims were killed by this method, demographics and means of homicide. As with much
whilst the second most common method of homicide in of the published data, it may be up to a decade behind
female victims was strangulation or asphyxiation (at 16%); the times and, when considering the current position, it
29 people were killed by a firearm. is always important to recognise that social trends and
Alcohol consumption was highly associated with geopolitical change can often dramatically influence
homicide; it preceded nearly 50% of homicides in these factors.
17%
42% 17%
66%
30% 25%
13% 10%
35% 35%
54% 41%
33%
24%
55%
Adapted from Office on Drugs and Crime (UNODC). Global Study on Homicide 2013.
Medicolegal investigation of death 43
Box 4.4 P
roposed circumstances in which doctors in England & Wales would
be required to refer deaths to a coroner
• There is no attending practitioner or the attending • The death may be related to a medical procedure
practitioner(s) is unavailable within a prescribed or treatment.
period. • The death may be due to an injury or disease
• The death may have been caused by violence, received in the course of employment, or indus-
trauma or physical injury, whether intentional or trial poisoning.
otherwise. • The death occurred whilst the deceased was in cus-
• The death may have been caused by poisoning. tody or state-detention, whatever the cause.
• The death may be the result of intentional • The cause of death is unknown.
self-harm.
• The death may be a result of neglect or failure of Source: Department of Health. Death Certification Reforms. Draft
care. guidance for registered medical practitioners, March 2016.
44 Violence in society, medicolegal investigation of death and the autopsy
• Unlawful killing (which includes murder, man- The clinical autopsy is performed in a hospital mor-
slaughter, infanticide) tuary after consent for the examination has been sought
• Natural causes from, and granted by, the relatives of the deceased. The
• Open (i.e., there is insufficient evidence for any doctors treating the patient should know why their
other conclusion) patient has died and be able to complete a death cer-
• Road traffic collision tificate even in the absence of an autopsy. These exami-
• Stillbirth nations have been used in the past for the teaching of
• Suicide medical students and others, and for research, but have
been in decline worldwide for several decades.
There is an increasing trend, however, for the The medicolegal autopsy is performed on behalf of
c oroner to deliver a ‘narrative conclusion’ which is a the State. The aims of these examinations are much
factual record of how, and in what circumstances, the broader than those of the clinical autopsy; they aim to:
death occurred, and this is often used in those cases in
which the cause of death does not fit easily into any of • Identify the body.
the ‘short-form’ conclusions. Within the narrative con- • Estimate the time of death.
clusion, the coroner may request an inquest jury (if the • Identify and document the nature and number of
inquest is held before a jury) to address specific ques- injuries.
tions perceived to be of concern. • Interpret the significance and effect of the inju-
ries.
The autopsy • Identify the presence of any natural disease.
• Interpret the significance and effect of the natural
The words autopsy, necropsy and post mortem exami-
disease present.
nation are synonymous, although post mortem exami-
• Identify the presence of poisons.
nation can have a broader meaning encompassing any
• Interpret the effect of any medical or surgical
examination made after death, including an external
treatment.
examination. In general terms, autopsies are performed
for two reasons: clinical clarification and medicolegal Autopsies can, in theory, be performed by any doctor
purposes. but, ideally, they should be performed by a pathologist
Box 4.6 The diagnostic approach to the autopsy mirrors that familiar to clinicians
specifically trained to undertake such an examination. The autopsy should be performed in a mortuary with
The diagnostic process underpinning an autopsy mir- adequate facilities (Figure 4.1).
rors that utilised in clinical medicine (Box 4.6). However, where there are no trained staff or no ade-
Medicolegal autopsies are a specialised version of quate facilities, which can occur not only in some devel-
the standard autopsy (described in detail in Box 4.7) oping countries but also in some so-called developed
and should be performed by pathologists who have countries that do not adequately fund their medicolegal
had the necessary training and experience in foren- systems, non-specialist doctors may occasionally have
sic pathology, and who are aware of the need to guard to perform autopsies and histopathologists may have
against making the ‘classic mistakes’ and falling foul of to perform medicolegal autopsies. A poorly performed
the ‘common medicolegal misconceptions’ described in autopsy may be considerably worse than no autopsy at
Box 4.8. Box 4.9 lists the ‘basic principles for best prac- all; it is certainly worse than an autopsy delayed for a
tice’ in forensic pathology identified by the Honorable short while to await the arrival of a specialist. The qual-
Stephen Goudge who conducted an Inquiry into paedi- ity of medicolegal autopsies for coroners in England &
atric forensic pathology in Ontario, Canada in 2007. Wales has previously been criticised in a report from
The autopsy 47
Box 4.8 M
oritz’s ‘classic mistakes in forensic pathology’ and Petty’s ‘devil’s dozen’
medicolegal misconceptions
The ‘classic mistakes’ to be avoided wherever possible: • Only true and suspected homicide victims need
examination.
• Not examining the body at the scene of the crime • The autopsy can properly be carried out without
(wherever possible). a ‘history’.
• Misinterpreting post mortem changes. • Any pathologist is qualified (to perform a medico-
• Being unaware of the objective of the medicolegal legal autopsy).
autopsy. • The autopsy always yields the cause of death.
• Performing an incomplete autopsy. • Poison is always detected by toxicologists.
• Failure to make an adequate examination and • The autopsy must be immediate.
description of external abnormalities. • The autopsy is over when the body leaves the
• Not taking adequate photographs of the evidence. autopsy room.
• Not exercising good judgement in the taking or • Embalming will not obscure the effects of trauma
handling of specimens for toxicologic examination. and disease.
• Permitting the body to be embalmed before per- • The cause and manner of death are the only results
forming a medicolegal autopsy. of the autopsy.
• Confusing the objective with the subjective sec- • The medicolegal autopsy is criminally or prosecu-
tions of the written autopsy report. tion oriented.
• Permitting the value of the autopsy report to be
jeopardised by minor errors.
• All physicians are good death investigators. Source: Adapted from Petty CS. The devil’s dozen. Popular
medicolegal misconceptions. South Med J 1971;64:819–823
• The time of death can be precisely determined by and Moritz AR. Classical mistakes in forensic pathology.
the examination of the body. Am J Clin Pathol 1956;26:1383–1397.
Box 4.9 T
he role of the forensic pathologist: Basic principles for best practice:
The Goudge Inquiry into paediatric forensic pathology in Ontario
1. To ‘think truth’ rather than ‘think dirty’. To do so • Care in recording and preserving information
requires: received pre-autopsy, steps taken at autopsy,
• An independent and evidence-based approach and materials preserved after autopsy.
emphasising the importance of thinking • This transparency is necessary to ensure that
objectively. the pathologist’s opinions can be properly
• Pathology evidence to be observed accurately reviewed and confirmed or challenged.
and followed wherever it leads. 4. The work of the forensic pathologist work at
• Guarding against confirmation bias (where evi- autopsy must be understandable to the criminal
dence is sought or interpreted in order to sup- justice system. The autopsy must be performed so
port a preconceived theory). that it can be described in clear and unambiguous
2. Remain independent of the coroner, police, pros- language to lay people.
ecutors, and defence teams in order to discharge 5. Teamwork is fundamental to sound autopsy prac-
responsibilities objectively, and in an impartial tice. Teamwork promotes excellence.
manner (independence). 6. The forensic pathologist’s practices at autopsy
3. Autopsy findings must be independently review- must be founded on a commitment to quality.
able and transparent. This requires:
48 Violence in society, medicolegal investigation of death and the autopsy
Figure 4.1 Modern forensic autopsy facilities, including directional overhead lighting – with inbuilt video projection
and recording capability – to facilitate optimal forensic pathological examinations. (Courtesy of Richard Jones.)
Box 4.10 Q
uality and the medicolegal autopsy: The main findings of the NCEPOD
report ‘The Coroner’s autopsy: do we deserve better?’ (2006)
• 1 in 4 autopsy reports was poor/unacceptable • The following types of case were poorly examined:
(26% of 1691 reports reviewed). • decomposed bodies
• Failure to do an external examination of the body • epilepsy cases
before evisceration by technicians occurred in one • deaths in the very elderly
third of mortuaries. • The presence or absence of injury was not
• No examination of the brain was made in 1 in 7 well-recorded.
cases. • There was poor communication between patholo-
• A questionable cause of death was given in 1 in 5 gist and coroner in many cases.
cases. • Microscopy was only performed in 19% of cases.
• The heart was poorly examined in cases in which a
cardiomyopathy might have been present.
C
B D
D
C C
A
B
A A
Figure 4.4 Suicidal pistol contact head shot. Post mortem CT of head showing CT-dense deposits in subcutaneous tis-
sues around entrance (A, see also photo with ample soot in a contact head shot). Skull defect of exit (B). Blood-dense
shapes in brain show hemorrhage along bullet track (C, straight/linear constellation) and blood inside ventricles (D).
(VRT, syngo via [Siemens Germany], segmented anatomy visualizer images. Images courtesy of the Virtopsy Team.)
The ‘Minnesota protocol’ 51
Box 4.11 T
he scope of The Minnesota Protocol on the investigation of potentially
unlawful deaths
1. The Minnesota Protocol aims to protect the right standards of professional ethics (Section III). It
to life and advance justice, accountability and provides guidance and describes good practices
the right to a remedy, by promoting the effec- applicable to those involved in the investigative
tive investigation of potentially unlawful death or process, including police and other investigators,
suspected enforced disappearance. The Protocol medical and legal professionals and members of
sets a common standard of performance in inves- fact-finding mechanisms and procedures (Section
tigating potentially unlawful death or suspected IV). While the Protocol is neither a comprehen-
enforced disappearance and a shared set of prin- sive manual of all aspects of investigations, nor a
ciples and guidelines for States, as well as for step-by-step handbook for practitioners, it does
institutions and individuals who play a role in the contain detailed guidelines on key aspects of the
investigation. investigation (Section V). A glossary is included
2. The Minnesota Protocol applies to the investiga- (Section VI). Annexes (Section VII) contain anatom-
tion of all ‘potentially unlawful death’ and, mutatis ical sketches and forms for use during autopsies.
mutandis, suspected enforced disappearance. For 4. States should take all appropriate steps to incor-
the purpose of the Protocol, this primarily includes porate Protocol standards into their domestic
situations where: legal systems and to promote its use by relevant
a. The death may have been caused by acts or departments and personnel, including, but not
omissions of the State, its organs or agents, or limited to, prosecutors, defence lawyers, judges,
may otherwise be attributable to the State, in law enforcement, prison and military personnel,
violation of its duty to respect the right to life. and forensic and health professionals.
This includes, for example, all deaths possibly 5. With respect to armed groups, see Report of the
caused by law enforcement personnel or other UN Fact-Finding Mission on the Gaza Conflict,
agents of the state; deaths caused by para- UN doc. A/HRC/12/48, 25 September 2009, para.
military groups, militias or ‘death squads’ sus- 1836. OHCHR, Guiding Principles on Business and
pected of acting under the direction or with the Human Rights, UN doc. HR/PUB/11/04 (2011). 2005
permission or acquiescence of the State; and UN Basic Principles and Guidelines on the Right
deaths caused by private military or security to a Remedy and Reparation for Victims of Gross
forces exercising State functions. Violations of International Human Rights Law and
b. The death occurred when a person was Serious Violations of International Humanitarian
detained by, or was in the custody of, the State, Law (hereafter, UN Basic Principles and Guidelines
its organs, or agents. This includes, for exam- on the Right to Remedy and Reparation).
ple, all deaths of persons detained in prisons, 6. The Protocol is also relevant to cases where the
in other places of detention (official and oth- United Nations, armed non-State groups exer-
erwise) and in other facilities where the State cising State or quasi-State authority, or business
exercises heightened control over their life. entities have a responsibility to respect the right
c. The death occurred where the State may have to life and to remedy any abuses they cause or
failed to meet its obligations to protect life. This to which they contribute. The Protocol can also
includes, for example, any situation where a guide the monitoring of investigations by the UN,
state fails to exercise due diligence to protect regional organizations and institutions, civil soci-
an individual or individuals from foreseeable ety and victims’ families, and can aid teaching and
external threats or violence by non-State actors. training on death investigations. States’ Parties
d. There is also a general duty on the state to inves- to relevant treaties may have specific obligations
tigate any suspicious death, even where it is not that go beyond the guidance set out in the pres-
alleged or suspected that the state caused the ent Protocol. Although some States may not yet
death or unlawfully failed to prevent it. be in a position to follow all of the guidance set
3. The Protocol outlines States’ legal obligations out within it, nothing in the Protocol should be
and common standards and guidelines relating interpreted in such a way as to relieve or excuse
to the investigation of potentially unlawful death any State from full compliance with its obligations
(Section II). It sets out the duty of any individual under international human rights law.
involved in an investigation to observe the highest
52 Violence in society, medicolegal investigation of death and the autopsy
Box 4.12 Q
uality assurance and the
forensic pathologist
Forensic pathologists in England, Wales and Northern
Ireland have agreed to standards set out in the ‘Code
of Practice and Performance Standards’ document
produced by the Forensic Science Regulator, the
Royal College of Pathologists, UK Government Home
Office, and the Department of Justice for Northern
Ireland (a separate set of standards also applies in
Scotland).
The quality standards to be met cover all stages
of a death investigation in which the pathologist is
Figure 4.5 Examination of the skeletal remains at a
involved including:
wooded ‘scene’. The forensic pathologist wears appropri-
• The initial contact made with the pathologist. ate protective equipment in order to prevent contamina-
• The briefing (of the circumstances relevant to tion of the remains. The attendance at the ‘scene’ follows
the death) given to the pathologist. discussion with the crime scene manager regarding
• Attendance and examination of scenes of the the health and safety implications of the ‘scene’, the
discovery of the body. approach to the body/remains and a forensic strategy
• The autopsy. for the recovery of ‘trace evidence’, including swabs and
• The autopsy report. ‘tape lifts’ from sites such as exposed skin surfaces and
• Legal conferences. body orifices. (Courtesy of Richard Jones.)
• Interaction with defence pathologists (includ-
ing at so-called ‘second post mortem examina-
tions’ or ‘defence autopsies’). A complete internal examination of all three body
• Attendance at court and giving expert opinion. cavities (cranium, thorax and abdomen), with dissection
of all of the body organs, must be performed to identify
any underlying natural disease.
sampling should be performed by appropriately trained Samples of blood (for blood grouping, DNA analysis,
individuals which may include police officers, Crime toxicology) and urine (for toxicology) will be routinely
Scene Investigators (CSIs)/Scenes of Crime Officers requested by the police. Blood should be collected from
(SOCOs), forensic scientists, forensic pathologists and a large limb vein, preferably the femoral vein, and urine
sometimes forensic physicians. Where samples are to be should be collected through the fundus of the bladder.
taken from the body itself as opposed to the surface of the All samples should be collected into appropriate quality
body – fingernail clippings, head and pubic hair, anal and assured containers, which are sealed and labelled in the
genital swabs – these should be taken by the pathologist. presence of the pathologist. For quality assurance and
Forensic scientists may also wish to examine the preservation of evidence, standardised sampling kits
body using specialist techniques, and the pathologist should be used for all these processes.
must be aware of their needs and allow them access at When poisoning is suspected, other samples, includ-
appropriate times. ing stomach contents, intestinal contents, samples of
Accurate documentation of the external features organs including liver, kidney, lung and brain, may be
of injuries or abnormalities, their position, size, shape requested. The storage, preservation and handling of
and type, is often the most important aspect of a forensic these specimens will depend upon the suspected poi-
examination and often has much greater value in under- son. Specialist advice must be obtained or the samples
standing and in reconstructing the circumstances of may be useless. Specific precautions may be required for
injury than the internal dissection of any wound tracks certain suspected toxic substances and infectious dis-
or of damaged internal organs. eases to protect the pathologist and other investigators.
The internal examination must fulfil two require- Tissue samples should be retained in formalin for
ments: to identify and document injuries and to identify microscopic examination. If there is any doubt, whole
and document natural disease. The former may involve organs, brain and heart in particular, should be retained
the examination of wound tracks caused by knives, bullets for specialist examination.
or other penetrating objects. It may also involve determin- In all of these aspects of the examination, care-
ing the extent and depth of bruising on the body by reflect- ful notes must be kept with appropriate diagrams and
ing the skin from all of the body surfaces and identifying images where necessary. This information will form the
and describing areas of trauma to the internal organs. basis for the post mortem report.
Bibliography and information sources 53
Exhumation above, below and to the sides of the coffin and sub-
mitted for toxicology. Additionally, samples should be
It is rare for a body to be removed from its grave for fur- taken of any fluid or solid material within the coffin;
ther examination; the most common reasons for exhu- these control samples may prove useful if any sugges-
mation are personal, for example, if a family chooses to tion of contamination is raised at a later date. The pro-
move the body or if a cemetery is to be closed or altered. cess must be as rigorous and meticulous as a forensic
In England & Wales a licence from the Ministry of Justice post mortem.
must be applied for before exhumation can be done. Once
a licence is granted the correct site of the grave must be
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2013. United Nations publication, Sales No. 14.IV.1. (Available
at www.unodc.org/documents/gsh/pdfs/2014_GLOBAL_
HOMICIDE_BOOK_web.pdf).
5 The appearance of the body
after death
▪▪ Introduction ▪▪ Estimation of the post mortem interval
▪▪ The early post mortem interval ▪▪ Biblography and information sources
▪▪ Other post mortem changes ▪▪ Further general resources
via glucose using oxidative phosphorylation and so ade- In temperate conditions rigor can commonly be
nosine triphosphate (ATP) production from this process detected in the face between approximately 1 and 4
ceases and the secondary anoxic process takes over for hours after death and in the limbs between approxi-
a short time but, as lactic acid is a by-product of anoxic mately 3 and 6 hours after death, with the strength of
respiration, the cell cytoplasm becomes increasingly rigor increasing to a maximum by approximately 18
acidic. In the presence of low ATP and high acidity, the hours after death. Once established, rigor can remain
actin and myosin fibres bind together and form a gel. for up to 2 days or so after death until autolysis and
The outward result of these complex cellular metabolic decomposition of muscle cells intervene and muscles
changes is that the muscles become stiff. However, they become flaccid again. These times are only very rough
do not shorten unless they are under tension. guidelines and can never be absolute.
It is clear from the short discussion above that if mus- It is best to test for rigor across a joint using very
cle glycogen levels are low, or if the muscle cells are acidic gentle pressure from one or two fingers only; the aim is
at the time of death as a result of exercise, the process of to detect the presence and extent of the stiffness, not to
rigor will develop faster. Electrocution is also associated ‘break’ it. If rigor is broken by applying too much force,
with rapidly developing rigor and this may be caused those muscle groups cannot reliably be tested again.
by the repeated stimulation of the muscles. Conversely, However, re-establishment of rigor mortis following
in the young, the old or the emaciated, rigor may be mechanical loosening also occurs with muscular rigid-
extremely hard to detect because of the low muscle bulk. ity at re-establishment equalling, or even exceeding the
Rigor develops uniformly throughout the body but it degree observed before breaking.
is generally first detectable in the smaller muscle groups
such as those around the eyes and mouth, the jaw and Cadaveric rigidity
the fingers. It appears to advance down the body from
‘Cadaveric rigidity’ (also known as ‘instantaneous rigor’,
the head to the legs as larger and larger muscle groups
‘kataleptische Totenstarre’, and ‘spasme cadvérique’) is
become stiffened. The only use of assessing the presence
said to represent the instantaneous post mortem onset
or absence of rigor lies in the estimation of the time of
of rigor mortis, the basis for which is the very occa-
death. The key word here is ‘estimation’, as rigor is such
sional discovery of a body in an unusual position, or of
a variable process that it can never provide an accurate
items gripped firmly in the hand of the deceased before
assessment of the time of death. Extreme caution should
the ‘expected’ onset of rigor. Most cases are said to be
be exercised in trying to assign a time of death based on
related to individuals who are at high levels of emotional
the very subjective assessment of the degree and extent
or physical stress immediately before death and many
of rigor. Charts or tables that assign times since death
historic reports relate to battlefield casualties, but there
based on the assessment of rigor should be viewed with
are many reports of individuals recovered from rivers
great scepticism. On its own, rigor mortis has very little
with weeds or twigs grasped firmly in their hand (Figure
utility as a marker of the PMI because of the large num-
5.1) or the finger of a suicidal shooting found tightly
ber of factors that influence it.
gripping the trigger. It has been argued, however, that
The chemical processes that result in the stiffening
the majority of historical accounts do not stand up to
of the muscles, in common with all chemical processes,
critical scrutiny, and that a more likely explanation is
are affected by temperature: the colder the temperature
the onset of rigor in an individual positioned such that
the slower the reactions and vice versa. In a cold body,
gravity does not cause the gripped object to fall, or con-
the onset of rigor will be delayed and the length of time
strained in some way such as their unusual position is
that its effects on the muscles can be detected will be
maintained.
prolonged, whereas in a body lying in a warm environ-
ment, the onset of rigor and its duration will be short.
It is also important to be aware of the micro-envi- Post mortem hypostasis
ronment around the body when assessing rigor: a Cessation of the circulation and the relaxation of the
body lying in front of a fire or in a bath of hot water will muscular tone of the vascular bed allow simple fluid
develop rigor more rapidly than if it were lying outside movement to occur within the blood vessels. Post mor-
in winter. When the post mortem cooling of a body is tem hypostasis or post mortem lividity (also known
extreme, the stiffening of the body may result from the as livor mortis or suggillation) are the terms used to
physical effects of cooling or freezing rather than rigor. describe the visual manifestation of this phenomenon.
This will become apparent when the body is moved to There is also filling of the dependent blood vessels.
a warmer environment (usually the mortuary) and the The passive settling of red blood cells under the influ-
stiffening caused by cold is seen to disappear as the ence of gravity to blood vessels in the lowest areas of the
body warms. Continued observation may reveal that body is of forensic interest. This results in a pink, pur-
true rigor then develops as the cellular chemical pro- plish or bluish colour to these lowest areas and it is this
cesses recommence. colour change that is called post mortem hypostasis or
The early post mortem interval 57
Figure 5.4 (a) Post mortem hypostasis pattern on the front of a body found face down on a bed. The linear marks are
formed by pressure from creases in a blanket. Pallor around the mouth and nose are caused by pressure against the
bed and do not necessarily indicate marks of suffocation. (b) Post mortem hypostasis in male who died face down
obliquely across an open drawer - causing the linear pallor across the upper right chest and neck. (c) ‘Cherry red’
hypostasis on the back of the trunk in a case of fatal carbon monoxide poisoning.
bronze hypostasis. Again, these colour changes should diurnal variation), exercise, infection and the
be treated with caution, not overinterpreted, and taken menstrual cycle.
into account with all other findings at post mortem. • The second assumption is that it is possible to take
The presence of hypostasis can give an indication that post mortem body temperature readings and,
a body has been moved after death. For example, if a body using mathematical formulae, to extrapolate that
is found lying prone, but the hypostasis pattern is pres- data and generate a reliable estimate of the time
ent on the deceased’s back, it is a reasonable assumption taken by that body to cool to that measured tem-
that the body was originally positioned supine. Moving a perature.
body several times after death will also have an effect on • The third assumption is that the body has lain in
hypostasis. Even after the normal post mortem coagu- a thermally static environment; this is generally
lation of the blood has occurred, movement of the red not the case and even bodies lying in a confined
blood cells, although severely reduced, still continues. domestic environment may be subject to the
This continued ability of the red blood cells to move is daily variations of the central heating system,
important because changes in the position of a body while the variations imposed on a body lying
after the initial development of hypostasis will result in outside are potentially so great that no sensible
redistribution of the hypostasis and examination of the ‘average’ can be achieved.
body may reveal two overlapping patterns.
• The first assumption is that the body temperature Figure 5.5 The sequence of major changes after death
was 37°C at the time of death. However, many in a temperate environment. Note that the core body
factors affect body temperature in life, including temperature does not show a fall for the first hour or so.
variation throughout any 24-hour period (i.e., The times are only rough estimates.
Other post mortem changes 59
Many other variables and factors also affect the rate This green colour is but an external marker of the pro-
of cooling of a body (Box 5.1) and together they show found changes that are occurring in the body as the gut
why any trained forensic practitioner will be reluctant bacteria find their way out of the bowel lumen into the
to make any pronouncement on a specific time of death abdominal cavity and the blood vessels.
based on the body temperature alone. The blood vessels provide an excellent channel
through which the bacteria can spread with some ease
Other post mortem changes throughout the body. Their passage is marked by the
decomposition of haemoglobin which, when present in
As the PMI increases, the body undergoes additional
the superficial vessels, results in linear branching pat-
changes that reflect tissue ‘breakdown’, autolysis and
terns of variable discoloration of the skin that is called
progressive decomposition/putrefaction.
‘marbling’ (Figure 5.6b). Over time, generalised skin
Decomposition/putrefaction discolouration occurs and, as the superficial layers of
the skin lose cohesion, blisters or large bullae contain-
In the cycle of life, dead bodies are usually returned, ing red or brown putrefaction fluid form (sometimes
through reduction into their various components, to gas filled) in many areas (Figure 5.6c and d). When
the chemical pool that is the earth. Some components these burst, the contents are released and the skin
will do this by entering the food chain at almost any sloughs off.
level – from ant to tiger – whereas others will be reduced In temperate climates particularly, considerable
to simple chemicals by autolytic enzymatic processes gas formation in soft tissues and body cavities is com-
built into the lysosomes of each cell. mon and the body begins to swell, with bloating of the
The early changes of decomposition are important face, abdomen, breasts and genitals (Figure 5.7). The
because they may be mistaken for signs of violence or body rapidly becomes unidentifiable. The increased
trauma. internal pressure causes the eyes and tongue to pro-
Decomposition results in liquefaction of the soft tis- trude and forces blood-stained fluid up from the lungs
sues over a period of time, the appearance of which, and which often ‘leaks out’ of the mouth and nose as ‘purge
the rate of progress of which, is a function of the ambient fluid’. Such fluid is frequently misinterpreted by those
temperature: the warmer the temperature, the earlier the inexperienced with decomposition-related changes as
process starts and the faster it progresses. In temperate representing injury-associated haemorrhage. The post
climates the process is usually first visible to the naked mortem appearance can be misleading in many cases,
eye at about 3–4 days as an area of green discoloration of with wrong assumptions being made, for example
the right iliac fossa of the anterior abdominal wall. This about body habitus and ethnic origin.
‘greening’ is the result of the extension of the commensal The role of insects and other animals may be signifi-
gut bacteria through the bowel wall and into the skin, cant in accelerating the decomposition process; domes-
where they decompose haemoglobin, resulting in the tic animals and other predators are not excluded from
green colour. The right iliac fossa is the usual origin as this process. As decomposition continues, soft tissues
the caecum lies close to the abdominal wall at this site, liquefy; however, some organs are relatively resistant to
but then can extend throughout the body (Figure 5.6a). putrefaction and may be identifiable for many months.
These include the prostate and the uterus and the ten-
dons and ligaments. Eventually, skeletalisation will be
Box 5.1 E xamples of factors affecting complete and, unless the bones and teeth are destroyed
the rate of cooling of a body by larger animals, they may remain for years.
• No reliable ‘timetable’ for decomposition can be
Mass of the body.
• constructed because environmental factors may favour
Mass/surface area.
• enhanced or delayed decomposition, and such factors
Body temperature at the time of death.
• will generally be unknown to those investigating the
Site of reading of body temperature(s).
• death.
Posture of the body: extended or curled into a
Box 5.2 identifies some of the factors that influence
fetal position.
• decomposition rates.
Clothing: type of material, position on the
body – or lack of it.
• Obesity: fat is a good insulator.
Immersion and burial
• Emaciation – lack of muscle bulk allows a body Immersion in water or burial will slow the process of
to cool faster. decomposition. Casper’s Law (or Ratio) states that: if all
• Environmental temperature. other factors are equal, then, when there is free access
• Winds, draughts, rain, humidity. of air, a body decomposes twice as fast than if immersed
in water and eight times faster than if buried in earth.
60 The appearance of the body after death
(a) (b)
(c) (d)
Figure 5.6 (a) Greening of upper chest wall. (b) Marbling seen in blood vessels in the chest wall. The marbling
represents decomposition changes within the blood vessels. (c) Skin slippage and fluid collection following decompo-
sition. (d) Blisters and bullae evident – early decomposition.
Adipocere
Adipocere is a chemical change in the body fat, which is
hydrolysed to a waxy substance with a texture similar
to soap. The need for water means that this process is
most commonly seen in bodies found in wet conditions
(i.e., submerged in water or buried in wet ground) but
this is not always the case and some bodies from dry
vaults have been found to have adipocere formation,
presumably the original body water being sufficient to
allow for the hydrolysis of the fat (Figure 5.11a and b).
Figure 5.8 Disposition of a body floating in water. In the early stages of formation, adipocere is a pale,
Typically, the head and limbs hang down, resulting in rancid, greasy semi-fluid material with a most unpleas-
superficial injuries to the head/face, back of the arms and ant smell. As the hydrolysis progresses, the mate-
hands, knees and top of the feet. rial becomes more brittle and whiter and, when fully
formed, adipocere is a grey, firm, waxy compound that
maintains the shape of the body. The speed with which
and the river, lake or sea bed uneven (Figure 5.8). Often adipocere can develop is variable; it would usually be
such damage must be distinguished from pre-death, expected to take weeks or months, but it is reported to
pre-immersion trauma. Figure 5.9 shows the forehead have occurred in as little as 3 weeks. All three stages of
of a male immersed for 7 days in a tidal river. Most of the adipocere formation can coexist and they can also be
appearance relates to contact with the river bed. Trauma found with areas of mummification and putrefaction if
was excluded as this was a witnessed immersion. the conditions are correct.
The first change that affects the body in water is the loss
of epidermis. Gaseous decomposition progresses and the
bloated body is often, but not always, lifted to the surface Mummification
by these gases, most commonly at about 1 week but this A body lying in dry conditions, either climatic or in a
time is extremely variable. Marine predators are often as microenvironment, may desiccate instead of putrefy –
active as animals found on land and they can cause exten- a process known as mummification (Figure 5.12a and
sive damage (Figure 5.10). Exposure to water can, in some b). Mummified tissue is dry and leathery and generally
cases, predispose to the formation of adipocere, but this brown in colour. It generally occurs in the absence of
is unusual unless a body lies underwater for many weeks. bacterial or insect influence. It is most commonly seen
The effects and the timescale of the changes following in warm or hot environments such as desert and leads
burial are so variable that little can be said other than bur- to the spontaneous mummification of bodies buried
ied bodies generally decay more slowly, especially if they in the sand in Egypt. However, it is not only bodies
are buried deep within the ground. Many factors including from hot dry climates that can be mummified, as the
the level of moisture in the surrounding soil and acidity of
the soil will significantly alter the speed of decomposition.
(a) (b)
Figure 5.11 (a) Adipocere formation. Following burial for 3 years, waxy adipocere forms a shell around the skeleton of
this infant. (b) Advanced adipocere formation after 2.5 years in a grave. Exhumation due to exclusion of an acciden-
tal death (fall) in a bathtub. ([a] Adapted from Simpson’s 13th ed Fig. 5.11b; [b] From Saukko P and Knight B, Knight’s
Forensic Pathology, 4th ed., Chapter 2. CRC Press. London. 2015.)
(a) (b)
Figure 5.12 (a) Mummification. The skin is dry and leathery following recovery from a locked room for 10 weeks.
(b) Mummification of the hand. ([a] Reproduced with permission from Saukko P and Knight B. Knight’s Pathology 4E,
London, CRC Press, 2016.)
Estimation of the post mortem interval 63
with regard to determining the location and presence enzyme and electrolyte levels elsewhere in the body,
of biological materials such as semen, blood or hair. remain as interesting research tools but none has been
Electronic temperature probes allow the use of other widely accepted in routine case work as they have not
orifices, including the nose and ear, for temperature yet been proved to be valid.
taking, although it must be accepted that these loca-
tions are unlikely to register the same temperature as
Other techniques used in estimating or
the deep rectum or the liver.
The most widely recognised means of estimating the corroborating PMI
time of death with temperature is Henssge’s nomogram Forensic entomology has an important role in estab-
(see Box 5.3). Crucially, the 95 per cent accuracy claimed lishing time of death, but as with other methods the
for this method is, at best, only 2.8 hours on either side accuracy and limitation of such determinations must
of the most likely time (a total spread of over 5.5 hours). be understood. Forensic entomologists can deter-
Henssge’s nomogram relies on three measurements mine a probable time of death – in the region of days
– body temperature, ambient temperature and body to months – from examination of the populations and
weight – and lack of accuracy in any one of these will stages of development of the various insects that invade
substantially degrade the final result. Corrective factors a body. The use of insects to estimate PMI requires
can be applied to allow for clothing, air movement and/ knowledge of the insect’s life cycle, the relationship of
or water (Table 5.1). Whilst the use of the nomogram is the insect to the remains, and the relationship of the
advocated by forensic pathologists in some jurisdictions, remains to the habitat in which they are discovered.
it has enjoyed limited acceptance in the UK, and realisti- Insects pass through a number of distinct stages dur-
cally it should be accepted that the results it provides are ing their life cycle. For example, a female blowfly in the
an indicator of a range of time of death and actual time of family Calliphoridae arrives at the body and deposits
death may still lie outside the range provided. eggs in body openings associated with the head, anus,
Indeed, the need to record the ambient temperature and genitals, or in wounds. Following hatching, larvae
poses one of the major problems because of fluctuating or maggots feed on the decomposing tissues. There are
temperatures at the scene. The first police officers or three larval stages, with a moult (an instar) in between
scientists at the scene should always be encouraged to each stage. Once the maggot is fully developed, it
take the ambient temperature adjacent to the body and ceases to feed and moves away from the remains before
to record the time that they made their measurement. pupariation. The puparium is an inactive stage during
This, however, may give rise to concerns about inter- which the larval tissues are reorganised to produce the
pretation of physical findings (dependent on how and adult winged fly (Figure 5.15a and b). The time from
by what route the temperature is taken). Occasionally egg laying through the instars to pupation varies from
meteorological data sources can assist in providing such species to species and the ambient temperature, but
information. with the relevant expertise a PMI can be determined
In the past various ‘rules of thumb’ have been used to from these data.
calculate the time of death from the body temperature Other animals, both large and small, will arrive to
but like most ‘rules of thumb’ they are not derived from feed on the body, with the species and the rapidity of
any evidence base and should be considered as simple their arrival depending on the time of year and the envi-
guesswork, and not to be used in forensic practice. ronment. The examination of buried bodies or skeletal
Additionally, the perceived temperature of the body remains may require the combined specialist skills of
to touch is mentioned in court as an indicator of the time the forensic pathologist, an anthropologist, an odon-
of death; this assessment is so unreliable as to be useless tologist and an entomologist.
and is even more so if the pathologist is asked to com- Analysis of gastric contents – other than for toxicolog-
ment upon the reported observations of another person. ical purposes – may assist in an investigation, but cannot
The UK Forensic Science Regulator, which sets quality reliably be used to accurately determine time of death
standards for the provision of forensic science services, although it may provide an indicator within a 6 hour or
has issued guidance on the application of post mortem so timeframe (see Box 5.4). The presence or absence, and
cooling methods to the estimation of time since death nature (if present), of gastric contents may be very useful
and unambiguously states that the pathologist must in terms of corroborating accounts of witnesses. Review
make clear to the investigator that the accuracy of the of such evidence generally requires full retention of gas-
estimate cannot be determined, and that it should not tric contents, analysis by a forensic scientist, interpreta-
be used to define the period in which death occurred. tion by a forensic physician or gastroenterologist, and
Various other methods have been researched in as review of pre-death medical records and post mortem
yet unsuccessful attempts to find a technique to deter- findings. In some cases, plant analysis can provide a reli-
mine time of death. Biochemical methods, includ- able estimation for skeletal remains dating, when tradi-
ing vitreous humour potassium levels and changes in tional techniques are not applicable. Forensic botany is a
Estimation of the post mortem interval 65
4,5
4 6 28
20 14 22 A
3,2
60 2 4 12 50 60
10 20 35
4 8 26 M
50 2 6
16
18
24 30 B
3 45
40 2 3 5
14 22 28 55 65 I
2 12
10 30 1 2 4 10 20 26 40
E
2 8 18 24 34 N
20 1 6 16 50 60 70 T
22
5 14 32
15 1 12
20
30 45 75 °C
4 18 55 65
10 10 10 28 35
6 16
26 40 80 10
8 14 50 60 70
24 35
7,0
4,5
7 12 22 40 45
30 55
6 20 35 80
5 10
18 25 40 45 50 60 70 5
30
16 35 40
10 25 30 50
80
10 15 20 25 30
40 50 60 70
40 50 60
0 30 40 50 80
60 70 0
°C
10 20 40 60 80 100 120 160 200
R 15 30 50 70 90 110 140 180
E 5
C KILOGRAM
T
U
M
10
15
20
This nomogram is for ambient temperatures up to proportionally adjusted by corrective factors of the
25°C. Permissible variation of 95% (+/− h). The Henssge real body weight, giving the corrected body weight by
nomogram expresses the death-time (t) as follows: which, the death-time is to be read off. Factors above
1.0 may correct thermal isolation conditions and fac-
Trecturm − Tambient tors below 1.0 may correct conditions accelerating the
= 1.25 exp (Bt) − .25 exp (5Bt);
37.2 − Tambient heat loss of a body.
B = −1.2815 (kg−.625 ) + .0284
How to read off the time of death
The nomogram is related to the chosen standard; Connect the points of the scales by a straight line accord-
that is, a naked body extended lying in still air. Cooling ing to the rectal and the ambient temperature. It crosses
conditions differing from the chosen standard may be the diagonal of the nomogram at a specific point.
(Continued)
66 The appearance of the body after death
Box 5.3 (Continued) The rectal temperature: Time of death relating nomogram
Draw a second straight line going through the • No strong fever or general hypothermia.
centre of the circle, below left of the nomogram, and • No uncertaina severe changes of the cooling con-
the intersection of the first line and the diagonal. The ditions during the period between the time of
second line crosses the semicircle of the body weight death and examination (e.g., the place of death
and the time of death can be read off. The second line must be the same as where the body was found).
touches a segment of the outermost semicircle. Here • No high thermal conductivity of the surface
can be seen the permissible variation of 95%. beneath the bodyb.
Example: temperature of the rectum 26.4°C; ambient
temperature 12°C; body weight 90 kg.
Result: time of death 16 ± 1.8 hours. Statement: the a Known changes can be taken into account: a change of the
death occurred within 13.2 hours and 18.8 hours (13
ambient temperature can often be evaluated (e.g., contact the
hours and 19 hours) before the time of measurement weather station); use the mean ambient temperature of the
(with a reliability of 95%). period in question. Changes by the actions of the investigators
(e.g., taking any cover off) since finding the body are negligible:
Note: if the values of the ambient temperature and/ take the conditions before into account.
or the body weight are called into question, repeat b Measure the temperature of the surface beneath the body too.
the procedure with other values which might be pos- If there is a significant difference between the temperature
sible (see Table 5.1 for ‘corrective factors’). The range of of the air and the surface temperature, use the mean. This
death-time can be seen in this way. representation of the nomogram should not be used for
actual cases, as distortion of the scales in reproductions can
Requirements for use cause error. The original form can be downloaded from http://
www.rechtsmedizin.uni-bon.de/dienstleistungen/for_Med/
• No strong radiation (e.g. sun, heater, cooling todeszeit. A detailed analysis of the use of the nomogram can
system). be found in ‘Estimation of time since death’.
(a) (b)
Figure 5.15 (a) Maggot infestation of a body recovered from heated premises approximately 2 weeks after death.
Forensic entomology may assist in estimating post mortem interval (PMI) in such cases. (b) Maggot infestation below
skin surface – note also mummification of fingertips.
Box 5.4 Gastric contents and the post mortem interval: The ‘Truscott Case’
In 1959, a 12-year-old girl, Lynne Harper, was found must have died between 1½ and 2 hours after her last
dead in woodland in Ontario, Canada. She had been meal had finished, a time period in which Steven was
strangled and sexually assaulted. A 14-year-old boy, thought to have had ‘exclusive opportunity’ to kill her.
Steven Truscott, was convicted of her murder and sen- Her body was found two days after her disappear-
tenced to death, although this was later commuted to ance, and the environmental conditions in the area had
life imprisonment. His conviction was quashed in 2007, been hot and damp. Evidence of decomposition, how-
following a second ‘Reference’ to the Court of Appeal. ever, was lacking raising the possibility that she had
Whilst there appeared to be agreement amongst been killed at a later time than was suggested by the
the expert witnesses at trial, and at subsequent appeal crown.
hearings, that Lynne had died as a result of strangula- It was recognised on appeal that gastric empty-
tion (a ligature fashioned out of her blouse), there was ing times were subject to variation precluding its use
intense controversy regarding the pathological assess- as a reliable factor in the assessment of time of death,
ment of the post mortem interval. although it might assist an investigation in other ways,
The Crown case was that, due to the presence of such as confirming that death occurred after a particu-
recognisable food particles (vegetable matter and lar meal was eaten.
possibly meat) within the stomach contents, Lynne
newer discipline that includes many subdisciplines such Belsey SL, Flanagan RJ. Post mortem biochemistry: current appli-
as palynology (including mycology), anatomy, dendro- cations. J Forensic Leg Med 2016;41:49–57.
chronology, limnology and ecology and its role is likely Brown A, Marshall TK. Body temperature as a means of estimat-
to continue to develop in the future. ing time of death. Forensic Sci 1974;4:125–133.
In all cases of determination of PMI, it is for the foren- Burger E, Dempers J, Steiner S, Shepherd R. Henssge nomogram
typesetting error. Forensic Sci Med Path 2013;9:615–617.
sic practitioner to advise the justice system of the limits
Cartozzo C, Singh B, Boone E, Simmons T. Evaluation of DNA
of each technique. extraction methods from waterlogged bones: a pilot study.
Forensic Sci 2018;63(6):1830–1835.
Biblography and information Cook GT, MacKenzie AB. Radioactive isotope analyses of skeletal
materials in forensic science: a review of uses and potential
sources uses. Int J Legal Med 2014;128(4):685–698.
Alberti F, Gonzalez J, Paijmans JLA, et al. Optimized DNA sam- Crostack C, Sehner S, Raupach T, Anders S. Re-establishment of
pling of ancient bones using Computed Tomography scans. rigor mortis: evidence for a considerably longer post mortem
Mol Ecol Resour. 2018;18(6):1196–1208. time span. Int J Legal Med 2017;131(4):1039–1042.
Amendt J, Richards CS, Campobasso CP, et al. Forensic ento- Donaldson AE, Lamont IL. Biochemistry changes that occur after
mology: applications and limitations. Forensic Sci Med Path death: potential markers for determining post-mortem inter-
2011;7:379–392. val. PLOS ONE 2013;8(11):e82011.
68 The appearance of the body after death
Faris AM, Wang HH, Tarone AM, Grant WE. Forensic entomology: Marshall TK. The use of body temperature in estimating the time
evaluating uncertainty associated with postmortem interval of death and its limitations. Med Sci Law 1969;3:178–182.
(PMI) estimates with ecological models. J Med Entomol 2016; Marshall TK, Hoare FE. Estimating the time of death. J Forensic Sci
53:1117–1130. 1962;7:56–81, 189–210, 211–221.
Forensic Science Regulator/Royal College of Pathologists. The Miller Coyle H, Lee CL, Lin WY, et al. Forensic botany: using plant
use of time of death estimates based on heat loss from the evidence to aid in forensic death investigation. Croat Med J
body. FSR-G-211 Issue 1 2014 https://www.gov.uk/govern- 2005;46(4):606–612.
ment/publications/time-of-death-estimations (Accessed 5 Pirch J, Schulz Y, Klintschar M. A case of instantaneous rigor? Int J
April 2019). Legal Med 2013;127:971–974.
Goff L. Forensic entomology. In: Resh VH, Cardé RT (eds). Schrag B, Uldin T, Mangin P, et al. Dating human skeletal
Encyclopedia of Insects, 2nd ed. Burlington, MA: Elsevier; 2009, remains using 90Sr and 210Pb: case studies. Forensic Sci Int
381–386. 2014;234:190.e1–190.e6.
Gondek AT, Boessenkool S, Star B. A stainless-steel mortar, pestle Sher J. ‘Until you are dead’: Steven Truscott’s Long Ride into History.
and sleeve design for the efficient fragmentation of ancient Toronto: Vintage Canada; 2002.
bone. Biotechniques 2018;64(6):266–269. Shirley NR, Wilson RJ, Jantz LM. Cadaver use at the University
Haglund WD, Sorg MH (eds). Forensic Taphonomy: The Post- of Tennessee’s Anthropological Research Facility. Clin Anat
mortem Fate of Human Remains. Boca Raton, FL: CRC Press; 2011;24:373–380.
1997. Shkrum MJ, Ramsay DA. Forensic Pathology of Trauma. Totowa:
Hawksworth DL, Wiltshire PE. Forensic mycology: the use of fungi Humana Press, Inc.; 2007.
in criminal investigations. Forensic Sci Int 2011;206:1. Simpson K. The case against Steven Truscott in Canada. Medico-
Henssge C. Death time estimation in case work. I. The rec- Legal J 1968;36:58–71.
tal temperature time of death nomogram. Forensic Sci Int Truscott (Re), 2007 ONCA 575 Court of Appeal for Ontario tran-
1988;38:209–236. script, http://www.cbc.ca/news2/background/truscott/
Lancia M, Conforti F, Aleffi M, et al. The use of Leptodyctium pdf/2007ONCA0575.pdf (Accessed 5 April 2019).
riparium (Hedw.) Warnst in the estimation of minimum post- Singh R, Sharma S, Sharma A. Determination of post-burial interval
mortem interval. J Forensic Sci 2013;58(Suppl 1):S239–S242. using entomology: a review. J Forensic Leg Med 2016;42:37–40.
Legge CM, Payne-James JJ, Puntis JWL, Short SL. Post mortem
gastric content analysis: its role in determining time since
death. In: Gall JAM, Payne-James JJ (eds). Current Practice in Further general resources
Forensic Medicine, Volume 2. Chichester: Oxford Editorial Payne-James JJ, Byard RW. Encyclopedia of Forensic & Legal
Office; 2016. Medicine. 4 volumes, 2nd ed. Oxford: Elsevier; 2015.
Madea B. Estimation of the Time Since Death, 3rd ed. London: CRC Saukko P, Knight B. Knight’s Forensic Pathology, 4th ed. London:
Press; 2016. CRC Press; 2015.
6 Death from natural causes
(a) (b)
(c) (d)
Figure 6.2 Myocardial infarction. (a) Macroscopic appearance of acute left-ventricular myocardial infarction.
(b–d) Microscopic appearance of myocardial infarction with early necrosis (b), organisation including residual haemo-
siderin-laden macrophages and fibroblasts (c), and extensive replacement fibrosis (d). (Courtesy of Richard Jones.)
• Communication with the families. epidemic. Regular physical activity is associated with
• A multidisciplinary approach including cardioge- lower blood pressure, reduced cardiovascular risk, and
netic counselling. cardiac remodelling. While exercise and hypertension
can both be associated with the development of left ven-
Hypertensive heart disease tricular hypertrophy (LVH), the cardiac remodelling from
hypertension is pathological with an associated increase
Long-standing hypertension can result in cardiac
in myocyte hypertrophy, fibrosis, and risk of heart failure
remodelling, manifested by left ventricular hypertrophy
and mortality, whereas LVH in athletes is generally non-
(and cardiomegaly). Although the ‘normal heart weight’
pathological and lacks the fibrosis seen in hypertension.
(approximately 400 g for the average male) is dependent
on body size/weight, an enlarged heart predisposes an
individual to chronic myocardial hypoxia and electri- Aortic stenosis
cal instability which, when combined with a trigger, can Aortic stenosis is a disease that classically affects older
result in a fatal arrhythmia. Some authors consider a individuals with calcified tricuspid aortic valves, but
heart weight of greater than 500 g to represent an inher- may also be seen in younger people who have a congen-
ently unstable heart. Hypertensive heart disease fre- ital bicuspid aortic valve. It is the most common form
quently coexists with coronary artery atherosclerosis, of valvular heart disease. Angina, exertional syncope
increasing the potential for the development of fatal and heart failure are key symptoms indicating a need
arrhythmias at times of cardiovascular ‘stress’. There are for intervention. The accompanying myocardial hyper-
regional and ethnic variations in the incidence of such trophy is similar to that caused by hypertension – lead-
diseases but in general the global burden of hyperten- ing to LVH – which may, in some cases, produce heart
sion is rising and accounts for substantial morbidity weights of over 700 g.
and mortality. Lifestyle factors such as diet and physical In aortic stenosis, myocardial perfusion is worsened
inactivity contribute to this burden, further highlighting by the narrow valve, which results in a lower pressure at
the need for prevention efforts to curb this public health the coronary ostia and hence in the coronary arteries.
72 Death from natural causes
(a) (a)
(b)
(b)
(a)
Gastrointestinal system
The main causes of sudden death in the gastrointesti-
nal system are predominantly vascular in nature; severe
bleeding from a gastric or duodenal peptic ulcer can be
fatal in a short time, although less catastrophic bleed-
ing may be amenable to emergency medical/surgical/
Figure 6.11 Fatal pulmonary thromboembolism. endoscopic intervention (Figure 6.13a). Bleeding from
(a) Thrombus which has formed in life has broken away oesophageal varices as a result of portal hypertension
from the peripheral circulation to be transported in the from any cause has a significant mortality that increases
bloodstream to this lung, where it has lodged in, and after a first event (Figure 6.13b).
occluded, a pulmonary vein. Note how the thromboem- Mesenteric thrombosis and embolism, often related
bolus protrudes from the cut end of the occluded blood to aortic or more generalised atherosclerosis, may result
vessel (*). (b) Microscopic appearance. ([a] From Burton J, in infarction of part of the small or large intestine. The
Saunders S, Hamilton S. Atlas of Adult Autopsy P
athology. diagnosis may be unclear and a rapid but not sudden
Boca Raton: CRC Press 2015 (Fig 4.37b, page 96) death is likely if the infarction remains undiagnosed.
with p
ermission.) Intestinal infarction owing to a strangulated hernia,
or obstruction owing to torsion of the bowel as a con-
become lodged in smaller-calibre pulmonary blood ves- sequence of adhesions, can also be rapidly fatal (Figure
sels where they interfere with pulmonary function and 6.14a and b).
lead to myocardial ischaemia and cardiac arrest. Peritonitis, following perforation of a peptic ulcer,
Even without any risk factors some PEs occur unex- diverticulitis or perforation at the site of a colonic
pectedly in normal, ambulant people who have reported tumour for example, can be fatal if not treated (Figure
no clinical symptoms. This sometimes makes establish- 6.15) and even when treated has a significant mortality.
ing the causal relationship between death and an injuri- Often these conditions present as sudden death
ous event difficult. For the purposes of civil law (where because of failure to seek medical assistance early after
the standard of proof for causation is ‘on the balance of symptom onset, by which time the effects of sepsis are
probabilities’) the embolism can often be linked to the overwhelming.
trauma, but in a criminal trial in which a higher stan-
dard of proof (‘beyond reasonable doubt’) is required,
it may be much harder to demonstrate a causal link Gynaecological conditions
between the two events. When a female of childbearing age is found deceased,
Other rare causes of sudden death in the respiratory a complication of pregnancy must be considered to be
system (excluding bronchial asthma which is covered the most likely cause of death until other causes have
78 Death from natural causes
(a) (a)
(b) (b)
been excluded. Abortion is a particular risk in countries in high-income countries is 1 in 3300, compared to 1 in 41
where legal abortion is not available. in low-income countries. UK evidence suggests a mortal-
A ruptured ectopic pregnancy, usually in a Fallopian ity rate of ∼8.5/100,000 during pregnancy or shortly after
tube, is another serious obstetric emergency that can childbirth of which heart disease was the most significant
result in death from intraperitoneal bleeding unless figure, contributing to 2/100,000. There is an international
rapidly treated by surgical intervention (Figure 6.16).
Maternal deaths (occurring during pregnancy or
within 12 months of parturition in the UK) can be clas-
sified into ‘direct’ deaths (caused by diseases specifically
related to pregnancy, such as pulmonary thromboem-
bolism, pre-eclampsia, obstetric haemorrhage, amniotic
fluid embolism, acute fatty liver of pregnancy or ectopic
gestation), ‘indirect’ deaths (from pre-existing disease
exacerbated by pregnancy such as congenital heart dis-
ease or a cardiomyopathy) or ‘coincidental’ deaths.
From 1990 to 2015, the global maternal mortality
ratio declined by 44 per cent – from 385 deaths to 216
deaths per 100,000 live births, according to UN data. This
gives an average annual rate of reduction of 2.3 per cent.
Almost all maternal deaths can be prevented, as evi- Figure 6.15 Peritonitis. Note the fibrinous d
eposits on
denced by the huge disparities found between the richest the surface of loops of intestines.
and poorest countries. The lifetime risk of maternal death (Courtesy of Richard Jones.)
Deaths from asthma and epilepsy 79
(a)
(b)
resulting in a temporary disturbance of motor, sen- 500 sudden and unexpected deaths in epileptics each
sory or mental function. There are many types of sei- year in the UK where the precise cause of death is not
zures, depending primarily on what part of the brain identified. Such deaths have been classified as Sudden
is involved. The term epilepsy says nothing about the Unexpected Death in Epilepsy (SUDEP), defined as a
type of seizure or cause of the seizure, only that the ‘sudden unexpected, witnessed or unwitnessed, non-
seizures happen again and again. Seizures that have traumatic and non-drowning death in epilepsy, with
no known underlying cause may be called primary or or without evidence of a seizure, and excluding docu-
idiopathic epilepsy. A seizure may start as a partial, mented status epilepticus, where post mortem exami-
or focal, seizure, involving the face or arm. Then the nation does not reveal a toxicological or anatomic
muscular activity spreads to other areas of the body. cause of death’ (Figure 6.18). The rate of sudden death
Healthy people may have seizures under certain cir- in epilepsy may be >20 times the incidence rate of sud-
cumstances. If the seizures have a known cause, the den death in the total population of the same age.
condition is referred to as secondary or symptomatic The mechanism of death in such cases is uncertain,
epilepsy. Some of the more common causes include but may be related to a seizure-induced arrhythmia,
the following: head injuries; toxic chemicals or drugs seizure-mediated inhibition of respiratory centres or a
of abuse; alcohol or benzodiazepine withdrawal; and complication of anti-epileptic treatment. Post mortem
stroke. There may be specific reasons why a person findings in SUDEP are non-specific (e.g., pulmonary
with epilepsy may die (e.g., drowning as a result of a oedema and congestion) and the utility of the presence of
seizure while swimming), but there are approximately a tongue injury in diagnosing a seizure is c ontroversial.
Loss of
arousal
? ?
PGES Hypoventilation/
Apnoea
Predisposing
factors Cardiac autonomic
neuron dysfunction
Prone/face
down Congenital
Sleep/Sleep Arrhythmias/ LQTS
apnoea Asystole
Intrinsic cardiac
Intrinsic
dysfunction
pulmonary
dysfunction SUDEP/death
Figure 6.18 Pathophysiological mechanisms underlying sudden unexpected death in epilepsy (SUDEP). SUDEP often
results from a generalised tonic-clonic seizure, which leads to inhibition of specific midbrain and medulla-mediated
effects via an unknown pathway. Other factors shown may predispose these patients to SUDEP. (Abbreviations:
LQTS, long QT syndrome; PGES, postictal generalised EEG suppression). (From Dlouhy BJ, Gehlbach BK, Richerson GB.
Sudden unexpected death in epilepsy: basic mechanisms and clinical implications for prevention. J Neuro Neurosurg
Psych 2016; 87:402–413; Fig. 3 page 408.)
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7 Deaths and injury in infancy
(a)
(b)
Injuries in the deceased child ankles and knees, may be evidence of gripping by an
adult. Bruises on the face, ears, lips, neck, lateral thorax,
Post mortem in children anterior abdomen, buttocks and thighs require an expla-
The post mortem examination of a child is a specialised nation, as these sites are less likely to be injured in child-
procedure that must be carried out by a pathologist with hood falls (Figures 7.7–7.9). In very general terms, bruises
specific training and experience in paediatric autopsy over soft tissue areas in non-mobile infants, bruises that
pathology. In many jurisdictions, dedicated perinatal carry an imprint of an implement and multiple bruises of
and paediatric pathologists make these examinations uniform shape are suggestive of some forms of physical
in regional specialist centres. abuse.
Full radiological skeletal surveys precede the physi- The explanation given by the carers of how each
cal examination of the body, and evidence of old or bruise came to be present on the child must be docu-
recent fractures usually results in a medicolegal autopsy mented with great care. This is because frequently an
to exclude assault. The need for detailed documenta- interpretation may be required comparing the injuries
tion during the autopsy is similar to that involved in documented with a variety of explanations in cases of
adult autopsies, and the procedure progresses from possible NAI.
an inspection of the surface of the body to the internal
organs in a similar manner. Skeletal injury
The procedure is adapted to take account of develop- Currently in the UK the Royal College of Radiologists
ment-specific differences between children and adults; recommends that imaging should always include skel-
the presence of incomplete skull bone fusion, and rem- etal survey in children under two years of age and skele-
nants of the fetal circulation, for example. A detailed tal survey and CT head scan in children under one year.
description of the perinatal and paediatric autopsy Figure 7.10 shows the recommended images to be taken
is beyond the scope of this book, and the interested in suspected physical abuse of children.
reader is directed to specialist texts listed at the end of Children who are older than one year and have exter-
this chapter. nal evidence of head trauma and/or abnormal neuro-
It is essential that as much information (including logical symptoms or signs should also have a CT head
accounts of all witnesses, pre-existing medical records, scan. Skeletal surveys may occasionally be indicated in
and school records) be reviewed. When a child dies or older children and may include those with communi-
is seriously harmed as a result of abuse or neglect, a cation or learning difficulties who are unable to give a
review is conducted to identify ways that profession- full history or those where there is clinical suspicion of
als and organisations can improve the way they work bony injury.
together to safeguard children and prevent similar inci- Healing fractures (representing previous traumatic
dents from occurring again. Each UK nation has its own episodes) can be visualised by radiological means
terminology and guidance for carrying out and sharing although histological assessment post mortem is more
the learning from the reviews. Cases that meet the cri- precise.
teria set out in the relevant guidance are reviewed by Rib fractures are rarely accidental in children. They
multi-agency panels. may occasionally be associated with birth trauma, but
In England, Child Death Overview Panels (CDOP) in general they are a feature of the application of sub-
are tasked with collecting and reviewing information stantial force. One particular pattern that may be seen
about each child death with a view to identifying: any on X-ray or at autopsy comprises areas of callus on the
case giving rise to the need for a review mentioned in posterior ribs, often lying in a line adjacent to the verte-
Regulation 5(1)(e) of the Local Safeguarding Children brae, and giving a ‘string-of-beads’ appearance. This pat-
Board Regulations 2006; any matters of concern affect- tern is interpreted as indicating an episode or episodes of
ing the safety and welfare of children; and any wider forceful squeezing of the chest by adult hands. The pos-
public health or safety concerns arising from a particu- sibility that such posterior rib fractures can be caused by
lar death or from a pattern of deaths. The Government cardiopulmonary resuscitation (CPR) is thought unlikely
publishes a series of standardised forms recording data on biomechanical grounds, as such fractures occur as a
about child deaths. Figures 7.5 and 7.6 show examples. result of anterior–posterior compression during ‘squeez-
Form A is used for notification of a child death and Form ing’ of the chest. Anterolateral rib fractures as a conse-
B4 for Sudden Unexpected Death in Infancy. quence of CPR are rare. The discovery of rib fractures in
an infant who has undergone CPR without underlying
Bruising bone disease or major trauma warrants a full child pro-
The features of bruises that are important can be summed tection investigation (Figure 7.11a and b).
up as site, age and pattern. Bruising of the arms and legs, A skull fracture is a marker of significant force
especially around the upper arms, forearms, wrists, applied to the head, and skull fractures are common in
Child abuse 89
Child’s Details
Address
Postcode
Name of school/nursery
Death details:
Date of death / /
Suspected cause of
death
Case Management:
Y / N / NK
Is there to be a Joint Agency Response?
Y / N / NK
Death discussed with the medical examiner?
Y / N / NK
Death to be investigated by Coroner?
Y / N / NK
Post mortem examination?
Notification Details:
Please outline the circumstances leading to notification. Also include if any other
review is being undertaken (e.g. internal agency review); and whether any immediate
action is being taken as a result of this death.
1 The place where the child is believed to have died regardless of where death was confirmed. Where a child is
brought in dead from the community and no signs of life were recorded during the resuscitation, the place of death
should be recorded as the community location; where a child is brought in to hospital following an event in the
community and is successfully resuscitated, but resuscitation or other treatment is subsequently withdrawn, the place
of death should be recorded as the location within the hospital where this occurs
√ Lead
Agency Name and contact details Professional
(only one
ck is
required)
Community
Paediatrician
Local Paediatrician/
Neonatologist
Terary Paediatrician/
Neonatologist
Other local or terary
specialists
GP
Midwife
Health Visitor
School Nurse
Obstetrician
Police – Collision
Invesgaon Unit or
Child Protecon
Children’s Social Care
Nursery/School
College/Or Local
Educaon Authority
Others (list all agencies
known to be involved)
Referral details
Date of referral / /
Name of referrer
Agency
Address
Tel Number
Family:
This baby:
B. Circumstances of Death:
Had any signs of illness been identified in the baby in last 24 hours by the family,
carers or professionals? Y N Not Known
Time from when the baby was last seen/heard to be alive and being found dead:
10 minutes
10 minutes–1 hour
1–2 hours
2–4 hours
4–6 hours
Not known
Time of day found dead:
24.00–06.00
06.00–12.00
12.00–18.00
18.00–24.00
Not known
Immediately before being found dead or collapsed was the child thought to be:
Awake
Asleep
Not known
If sharing a sleep surface with another person who was that person?
Mother
Father
Both parents
Sibling
Other (please specify)
Not known
If sharing a bed/other sleeping place with another person had that person taken
the following in the past 8 hours:
Did the child have a dummy when put down for last sleep? Y N Not Known
If sharing a sleep environment with another person was there any evidence of
overlying? Y N Not Known
Who attended?
Police Y N Not Known
GP Y N Not Known
What was the cause of death as ascribed by the local case review meeting?
1a
1b
1c
2
GP Y N Not Known
GP Y N Not Known
fatal cases of physical child abuse. They are not always present and basal fractures are uncommon (Figure 7.12)
associated with brain injury although up to one-third and some fractures may be caused in settings other
may be. Abusive skull fractures are more likely to be than assault, such as birth trauma (Figure 7.13).
multiple, comminuted, bilateral or cross sutures. Less Skull fractures from falls may occur from relatively
often, fractures of the occipital or frontal bones are low heights, with studies suggesting that a head-first fall
98 Deaths and injury in infancy
Figure 7.7 Multiple ‘fingertip’ bruises on the front Figure 7.9 Ear bruising in an infant raises the possibility
of the trunk in an abused infant. (Reproduced with of NAI. Radiology revealed multiple rib fractures.
permission from Saukko P and Knight B. Knight’s
Pathology 4E, London, CRC Press, 2016.)
Head injuries
from 0.9 m onto a concrete surface had a high likelihood Head injuries are the most frequent cause of death in
of fracture. Even a fall from that height onto a carpeted child abuse and, even when they are non-fatal, they may
surface has a significant risk of fracture. Skull fractures result in severe and permanent neurological disability.
in dead children can be caused by a fall from a height ‘Shaken Baby syndrome’ (SBS) has been the sub-
that is below 0.9 m, from a seat, a chair or a mattress, ject of intense controversy; the diagnosis has in the
for example, but the incidence of a fracture decreases past depended on the triad of subdural haemorrhage
with decreasing height and is, therefore, dependent on (SDH), retinal haemorrhage (RT) and encephalopathy.
the nature of the impacting surface and of the fall. Falls The hypothesis correlating the triad with shaking as the
from furniture onto the floor can cause skull fractures injurious mechanism has been hotly contested, and has
in children and low-height falls can occasionally cause been extensively reviewed in pathological, clinical and
fatal head injury. legal communities. There is no doubt that infants do suf-
fer abusive injury at the hands of their carers, and that
impact and shaking can cause physical effects, but it is
now generally agreed that the finding of the ‘triad’ alone
should not lead to an automatic assumption that it was
caused by NAI. Thus, as for all forensic cases, it is essen-
tial to be aware of all the evidence and relevant factors
before coming to any opinions about the causation.
Whether from direct blows or from ‘shaking’, it is
clear that if sufficient force is applied to the head of a
child, brain injury can occur, and that injury carries
with it a substantial risk of disability or death. The
terms ‘Abusive Head Trauma’ (AHT) and ‘Inflicted
Head Injury’ (IHI) have gained wider appeal, and allow
the c linico-pathological and radiological findings to
Figure 7.8 Fingertip grip marks to left buttock and lower be emphasised. In summary, the diagnosis of IHI or
back of infant. It is rare for grip marks and finger marks to accidental trauma (AT) in infants is based on clinical,
show distinct patterns of four fingers and a thumb. radiological and/or ophthalmological findings such as
Child abuse 99
SDH, encephalopathy, RH, and signs of impact. Each following the death of a child suspected of being
case must be considered in its own context before con- abused. A recent study has described the presence
clusions are reached. of ‘cherry hemorrhages’ (isolated, elevated circular
bleeds, typically in the equatorial retina), and ‘peri-
macular ridges’ (elevated, circular retinal folds with a
Ocular injuries canopy of internal limiting membrane [ILM]) in asso-
The significance of ocular lesions – such as RH, reti- ciation with ILM tears in AHT. Survivors had optic
noschisis and orbital content haemorrhage – is a fur- nerve atrophy and macular ganglion cell loss, and the
ther area of controversy in the medical and scientific study authors thought that infants under 16 months
community. All children suspected of being physically of age were particularly susceptible to damage from
abused should have their eyes examined by an oph- vitreomacular traction by rotational and/or acceler-
thalmologist, and the eyes should be examined as an ation-deceleration forces. It is essential that a multi-
integral component of the post mortem examination professional team review all aspects of findings in the
100 Deaths and injury in infancy
(a)
(b)
Oral injuries
Lips may be bruised or abraded by impacts or pressure to
the face and, if the child is old enough to have teeth, the
inner side of the lips may be bruised, abraded or lacerated
by contact with the tooth edges. Tooth patterned marks
may be seen. A torn frenulum (frenum) inside the lip is
an occasional finding and this may be caused by a tan-
gential blow across the mouth or by an object, typically
a feeding bottle, being rammed forcibly into the mouth
between lip and gum (Figure 7.15a and b). The current
evidence indicates that a child with a torn frenum should
undergo a full child protection evaluation but, if no other
injuries nor any social concerns are identified, this find-
ing alone is not diagnostic of physical abuse. The intraoral Figure 7.13 Depressed skull fracture. Not all infant skull
hard and soft tissue should be examined in all suspected fractures are non-accidental in origin; instrumentation
abuse cases, and a dental opinion sought where abnor- and manual dis-impaction from the birth canal led to this
malities are found. fracture.
Child abuse 101
(a) (b)
(i)
(ii)
Figure 7.14 Retinal haemorrhages. (a) Macroscopic post mortem appearance and (b) microscopy showing widespread
haemorrhage within multiple layers of the retina. (i) Vitreous body; (ii) retinal pigment epithelium. ([b] Reproduced
from Keeling J and Busuttil A. Paediatric Forensic Medicine and Pathology. London: Hodder Arnold, 2008.)
fist or foot, and blows from the front can compress the chemicals (e.g., from acid). Some thermal injuries can
duodenum, the jejunum or the mesentery between the be accidentally sustained, but others reflect a degree
skin of the abdominal wall and lumbar spine. This com- of neglect (e.g., a child pulling a saucepan full of boil-
pression crushes the soft tissues and may even result in ing water from the top of a cooker or from an oven).
transection or perforation of the bowel, resulting in peri- Different burns have different patterns and character-
tonitis and shock (Figure 7.16b). Crushing or rupturing of istics. Cigarette burns from firm contact with the skin
the mesentery may lead to intra-abdominal bruising or are commonly depigmented, circular or oval deep
to frank intraperitoneal or retroperitoneal haemorrhage. partial thickness burns, 5–10 mm in diameter, with a
The liver is relatively large in a child and the liver pigmented rim. The differential diagnosis of such burn
edge is palpable below the costal margin. It can be rup- scars includes dermatological conditions such as impe-
tured by direct blows to the abdomen. Splenic injuries tigo, and vaccination scars.
are rare in physical child abuse because of its relatively Human bites are common in child abuse and can be
protected anatomical site (Figure 7.17). multiple. They must be differentiated from bites from sib-
lings, other children or even domestic pets. Swabs from a
new possible bite site should be taken as soon as possible,
Other injuries as DNA of the perpetrator may be recovered. If there is
Other injuries in physical child abuse include burns doubt about whether a mark or injury does represent
and human bites. There are a range of means of caus- a bite, a forensic odontologist should be asked to pro-
ing burns/thermal injury including the application of vide an opinion. The forensic odontologist may be able
heated metal objects or lighted cigarettes to the skin, to compare the bite with a suspected biter’s dentition,
forced immersion in hot water, and contact with some although this aspect of their practice is controversial,
(a) (b)
Figure 7.15 (a) Torn frenum due to forced bottle feed to mouth; (b) Bruising to upper lip (with intact frenum) caused
by same mechanism. ([a] Reproduced from Keeling J and Busuttil A. Paediatric Forensic Medicine and Pathology.
London: Hodder Arnold, 2008.)
102 Deaths and injury in infancy
(a)
Liver
Stomach
Pancreas
Duodenum Transverse
colon
Small
intestine
Urinary
bladder
Urethra
Intestine
and has suffered from severe criticism in the USA, where Child sexual abuse
conclusive matches have been shown to be erroneous, Despite increased awareness of the nature and extent of
leading to several high-profile exonerations. sexual abuse in children it remains a worldwide prob-
Accidental injury in children occurs far more often lem. Data as to its extent is difficult to interpret as it is
than acts of child physical abuse. However, it can be likely that there is increased reporting. In the UK it is
extremely difficult to distinguish between them. All believed that up to 1 in 20 may have experienced some
healthcare professionals who work with or assess children form of sexual abuse as a child according to current defi-
must always bear in mind the possibility of child abuse. nitions (Box 7.2).
Complaints of non-recent and current abuse con- Große Ostendorf AL, Rothschild MA, Müller AM, Banaschak S. Is the
tinue to emerge at individual and institutional level. lung floating test a valuable tool or obsolete? A prospective
It is essential that the assessment, diagnosis and autopsy study. Int J Legal Med 2013;127(2):4 47–451.
management of child sexual abuse is undertaken with Hajiaghamemar M, Lan IS, Christian CW, et al. Infant skull
a multidisciplinary approach involving healthcare pro- fracture risk for low height falls. Int J Legal Med 2019;
133(3):847–862.
fessionals, families, social care agencies and where rel-
Haynes RL. Biomarkers of Sudden Infant Death Syndrome (SIDS)
evant, law enforcement agencies. risk and SIDS death. In: Duncan JR, Byard RW (eds). Sudden
Infant and Early Childhood Death: The Past, the Present and the
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Breazzano MP, Unkrich KH, Barker-Griffith AE. Clinicopathologi- Kempe CH, Silverman FN, Steele BF, et al. The battered-child syn-
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autopsy eyes. Am J Ophthalmol 2014;158(6):1146–1154.e2. Kroll ME, Quigley MA, Kurinczuk JJ, et al. Ethnic variation in
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104 Deaths and injury in infancy
The term ‘involuntary manslaughter’ is commonly maximum prison sentence of 5 years. The key element
used to describe a manslaughter falling within (2) and of this offence is the causing of grievous bodily harm or
(3) while (1) is referred to as ‘voluntary manslaughter’. wounding but without having had the intent to do so.
The crime of murder is committed, where a person: of
sound mind and discretion (i.e., sane); unlawfully kills Section 47
(i.e., not self-defence or other justified killing); any rea- This section of the Act creates the offence of assault
sonable creature (human being); in being (born alive occasioning actual bodily harm. It encompasses those
and breathing through its own lungs - Rance v Mid- assaults that result in substantial injuries, typically
Downs Health Authority (1991) 1 All ER 801 and AG Ref requiring a degree of medical treatment for the victim
No 3 of 1994 (1997) 3 All ER 936; under the Queen’s Peace; and provides the penalty to which a person is liable on
with intent to kill or cause grievous bodily harm (GBH). conviction of that offence on indictment. A periorbital
In the England & Wales jurisdiction a ‘wound’ (used haematoma with a superficial laceration after a punch,
in the colloquial setting interchangeably with ‘injury’) or a broken tooth, are the types of injury that could be
has a specific legal meaning: a wound is an injury that considered a Section 47 assault.
breaks the continuity of the skin. There must be a divi-
sion of the whole skin structure and not merely a division
of the cuticle or upper layer. A bruise (or subcutaneous Non-fatal violence-related injury in
rupture of blood vessels) is not a wound as the skin is not
broken. A broken bone is not (legally) a wound, unless it
England and Wales
is a comminuted fracture. A variety of sources is available for information on non-
The Offences Against the Person Act 1861 which has fatal (and fatal) violence-related injury. The Violence
been amended over the years, sets out a range of offences and Society Research Group based at Cardiff University
for which an individual, in England & Wales, can be in Wales reports on Emergency Department atten-
prosecuted when that individual is alleged to have dances for v iolence-related injuries each year via the
caused injury to another person. This statute excludes National Violence Surveillance Network. These data
homicide and sexual offences (which are covered by the are available online and are continuously updated, as
Sexual Offences Act 2003). are the Office for National Statistics data for crime in
The language used in a law whose origins go back England & Wales which include data for all types of
almost one and half centuries can sometimes be difficult violent crime. Figures published in 2018 showed a rise
to understand. The main offences relevant to injury assess- in the number of offences (n = 40,147) involving knives
ment by forensic practitioners are found in the follow- or sharp instruments (a 16% increase compared with
ing sections of the Offences Against the Person Act 1861. 2017) and provisional NHS data showed admissions for
assaults involving a sharp instrument increasing by 14
Section 18 per cent for England. There had been a rise of 2 per cent
in recorded offences involving firearms (n = 6492). The
Section 18 of the Offences Against the Person Act 1861 number of homicides recorded by the police showed a
created the offences of wounding and causing grievous fourth consecutive rise, increasing by 12 per cent com-
bodily harm, with intent to cause grievous bodily harm, pared with 2017 after a long-term decline (n = 736).
or to resist arrest. It is punishable with life imprison-
ment. The specific wording of the offence is: How does the body respond to injury?
Whosoever shall unlawfully and maliciously by When an injury is sustained, tissue damage is accompa-
any means whatsoever wound or cause any griev- nied by a disturbance of cellular function, and the host
ous bodily harm to any person … with intent … to do
inflammatory response is initiated, resulting in cascade
some … grievous bodily harm to any person, or with
of tightly regulated physiological and behavioural pro-
intent to resist or prevent the lawful apprehension or
detainer of any person, shall be guilty of felony, and cesses which have evolved to rapidly destroy or isolate
being convicted thereof shall be liable … to be kept in the cause of the disturbance, remove damaged or dead
penal servitude for life … . tissue, and restore normal function.
Damaged or dead cells express molecules
The key element of this offence is the intent to cause (Damage-Associated Molecular Patterns (DAMPs),
grievous bodily harm. Types of injury would include and ‘Alarmins’) that are recognised by cells of the immune
stabbings or shootings, but may also include trying to system – principally neutrophils and monocytes/macro-
poison or infect a person. phages – which produce chemicals (cytokines and che-
mokines) which recruit more immune cells to the injured
Section 20 area, and thereby create a cytotoxic environment which
This section creates the offences of wounding and aims to kill invading pathogens. However, this process
inflicting grievous bodily harm. They are less serious also causes further cellular/tissue damage. The blood
than the offences created by Section 18 and carry a clotting system is also activated to stop bleeding at the site
Non-fatal violence-related injury in England and Wales 107
of injury, and vascular alterations take place to facilitate • The nature and severity of the injury(s) (the
the delivery of immune cells to the injury location. ‘trauma load’): some injuries (such as decapita-
The outcome of the host response to trauma depends tion) are obviously incompatible with life, and
on the nature and the severity of the injurious insult, severe injury to vital organs such as the brain and
the presence of pathogens and the extent of the body’s heart can be rapidly (but not invariably) fatal.
physiological response(s). An efficient and effective • The mechanism of injury: the nature of the transfer
coordinated localised response leads to resolution of the of energy to a vital organ can influence survivabil-
inflammatory environment, healing/repair of damaged ity (a low-energy penetration by a knife might be
tissue, and restoration of normal function. survivable, for example, if emergency medical and
These processes assist in the microscopic ‘ageing’ surgical care is provided rapidly, whilst a higher
of injuries which is reliant on the recognition of, and energy gunshot wound to the same organ might
subjective assessment of, the nature and extent of the lead to a rapid death).
inflammatory response to trauma, and of the healing • The rapidity with which emergency medical care is
processes that may have followed. provided, and the availability of modern trauma
Severe (or multiple) insults, lead to an exaggerated, care/intensive care facilities: if the injury is sus-
systemic (throughout the body) inflammatory response, tained in a rural location – poorly served by pre-
which can set the scene for major organ dysfunction, hospital personnel – or the injurious event is
organ failure and death. unwitnessed, potentially survivable injuries can
Modern pre-hospital trauma care, advanced trauma become fatal.
life support-based resuscitation, and ‘damage-control • The age and health status of the injured p erson:
surgery’ aim to minimise the adverse physiological con- increasing age influences the survivability of
sequences of trauma, and sustain life for long enough individuals sustaining multiple rib fractures fol-
to enable that injured person to receive artificial organ lowing blunt force chest impact in a road traffic
support in an intensive care unit and definitive surgi- collision, for example, and pre-existing cardiac or
cal repair. Trauma management has traditionally been respiratory disease tends to reduce the ability of
aimed at preventing the so-called ‘triad of death’: meta- the body to maintain vital functions in the face of
bolic acidosis, hypothermia and coagulopathy (abnor- a traumatic insult.
mal blood clotting), thought to be caused by a complex • The body’s physiological response to injury:
interaction between the physiological responses to medical/surgical intervention, and infection/
trauma and haemorrhage, environmental factors, and sepsis.
resuscitation/surgical interventions.
The following factors may all influence whether the The significance of physiological complexity and the
trauma sustained is likely to have a fatal outcome: host response to injury is considered in Box 8.1.
3
1
Figure 8.2 (a) Visible swelling to the right side of face and eyelids after repeated punches. (b) Periorbital haematoma
(black eye) caused by direct impact from fist. (c) Diagrammatic representation of potential bleeding and tracking sites
after direct impact to nose or orbital region (1) around globe, (2) beneath skin and scalp anatomical planes, (3) intra-
cranial. Each can result in visible bruising if tracked via tissue planes or via bone fractures.
Types of injury 109
(a) (a)
(b)
(b)
(c)
(c)
Bruises
Figure 8.3 (a) Bruising (contusion) to thigh (a) following Bruises are discolouration of the skin surface caused
direct blunt force (fall between iron girders); (b) shows by leakage of blood from damaged blood vessels, often
resolution of bruising 5 days after injury as seen in 8.3a; small-diameter vessels such as venules or arterioles,
(c) bruising to scrotum and penis after direct kicks with into underlying tissues. The degree, nature and colour
shod foot. (Courtesy of Jason Payne-James.) of the bruise is, in part, related to the colour of the over-
lying skin. Bruising is most commonly seen in the skin,
but it can also occur in the deeper tissues, including
110 Assessment, classification and documentation of injury
(a)
(a) (a)
(b)
(b)
Compression may produce petechiae at the level of, Figure 8.9 Extensive bruising following tissue planes and
or above, the compressing force (e.g., in ligature stran- contours, one week after multiple blunt force impacts
gulation, or by crushing/chest compression in a crowd). to (a) head and (b) face (neck was spared impacts).
Bruises evolve and can ‘migrate’. The effects of grav- (Courtesy of Jason Payne-James.)
ity and anatomical tissue planes are two of the factors
that may determine how the position of a bruise might during a stamp or a kick (Figure 8.10a–c). The depth
change (Figure 8.9). Thus, the presence of a bruise in one of such bruises can only be confirmed at post mortem
place does not always imply that the blunt impact was examination.
applied at that particular site. Some superficial bruises Certain types of blunt injury commonly cause evi-
(often called intradermal bruises), caused by leak- dentially useful patterns. Single patterned bruises may
age of blood confined to the epidermis and the upper indicate the nature of the impacting object. ‘Tramline’
strata of the dermis, can remain in the position in which (or ‘tram-track’ or ‘railtrack’) bruises (Figure 8.11) are
the impact occurred, and ‘patterned’ bruises, which those caused by impacts from longitudinal, generally
reproduce the nature of the object that caused them, cylindrical or rod-like, objects (where blood is forced
often have such an ‘intradermal’ element. Intradermal laterally from the point of impact, rupturing blood ves-
bruises are often associated with diffuse compression sels either side of the impacting object) and shoeprint
forces such as pressure from a car tyre or from a shoe bruises may be seen from stamp injuries (Figure 8.12).
112 Assessment, classification and documentation of injury
(a) (b)
(c)
Compression
Figure 8.11 (a) Tramline bruise caused by impact from cylindrical firm object (in this case, a police baton). (b) Tramline
bruise to right hip region caused by impact from broom handle. (c) Creation of parallel bruises with central sparing by
impact from cylindrical object – ‘tramline’, ‘tramtrack’ or ‘railtrack’ bruises. ([a & b] Courtesy of Jason Payne-James.)
interpreting ‘new’ bruises when a post mortem exami- scuff (brush) abrasions (very superficial abrasions, with
nation has been performed. no bleeding, Figure 8.17) and point or gouge abrasions
(deeper linear abrasions caused by objects such as metal
Abrasions nails, often with bleeding; Figure 8.18).
An abrasion (or graze) is a superficial injury involving As the epidermis does not contain blood vessels,
(generally) outer layers of skin without penetration of superficial abrasions might not bleed, but the folded
the full thickness of the epidermis. They are caused nature of the junction between the dermis and the epi-
when there is contact between a rough surface and dermis, and the presence of loops of blood vessels in the
the skin, often involving a tangential ‘shearing’ force dermal folds, will mean that deep abrasions have a typi-
(Figure 8.14). They can also be caused by crushing of the cal punctate or spotty appearance. Deeper abrasions
skin when the force is applied vertically down onto the may therefore bleed, resulting in subsequent scabbing
skin. Bites and the grooved, often parchmented, abra- and possible scarring.
sion found in hanging, can cause typical ‘crush’ abra- The size, shape and type of abrasion depends upon
sions (Figure 8.15). the nature of the surface of the object which contacts the
The appearance of abrasions always represents the skin, its shape and the angle at which contact is made.
exact contact area (unlike bruises) and the nature of the Contact with the squared corner of an object (e.g., a
abrasion itself may assist in determining the direction of brick) could result in a linear abrasion, whereas contact
the contact from the blunt, abrasive object, or the direc- with one face of the same object will cause a larger area
tion of the body when making contact. A variety of abra- of ‘brush’ abrasion.
sions have been described including scratches (linear Contact with a rough surface, such as a road, espe-
abrasions, e.g., caused by fingernails; Figure 8.16a–c), cially when associated with the higher levels of force
114 Assessment, classification and documentation of injury
(a) (c)
(b)
Figure 8.16 (a) Multiple fingernail scratches with wheal reaction and superficial abrasions. (b) Deeper abrasions
caused by fingernails. (c) Large abrasions caused when climbing over brick wall whilst being pursued by police dog.
([a & b] Courtesy of Jason Payne-James.)
Lacerations
A laceration is a ‘split or tear’ in the skin caused by blunt
force compressing or stretching the skin, or applying
a shear force to it. Lacerations often extend through
the full thickness of the skin and, depending on the
anatomical site, can bleed profusely (e.g., the scalp).
Because the skin is composed of many different tis-
sue types, some of the more resilient tissues will not
be damaged by the forces that split the weaker tissues.
This is what enables a distinction to be made between
Figure 8.19 Deep and extensive abrasion (’gravel rash’) an open wound apparently made by a blunt object and
caused by contact with road surface after motorcycle one made by a sharp object. Those most resilient tis-
accident. sues are often nerves, fibrous bands of fascial planes
and, sometimes, at the base of the laceration, an occa-
that include colour standards are also available (e.g., sional medium-sized elastic blood vessel. These struc-
Forensigraph). tures are seen to extend across the defect in the skin
Scaled photographs of injuries are also essential and are often referred to as ‘bridging fibres’. The same
to allow subsequent comparison to be made between blunt force causing such a laceration may also cause
those injuries and scaled photographs of ‘suspected irregular splits, bruising and abrasion at the margins
injury causing implements or surfaces’. Many differ- of the wound (Figure 8.21). These features are generally
ent injury causing objects have been identified in this absent in sharp force injuries.
way, such as car radiator grills, the tread of escalator Lacerations are most common where the skin can
steps, plaited whips (see Box 8.2) and the lines from be compressed between the applied force and underly-
floor tiles. ing bone (e.g., over the scalp, face, elbows, knees, and
(a)
(b) Terminal
Direction Tags epidermal tag
of impact
Figure 8.20 (a) Directional scuff – note raised skin layers on left side of abrasion: yellow arrow indicates direction
of abrasive movement; red arrow indicates line of terminal epidermal tags. (b) Direction of tangential force can be
determined by position of raised epidermal skin layers. ([a] Courtesy of Jason Payne-James.)
Types of injury 117
Box 8.2 Patterned injuries and the forensic pathologist – R v V Neville Heath 1946
The body of Marjorie Gardiner was discovered in bed for grouping, was found on the whip. When the pathol-
in a hotel in London, England, in June 1946. Her ankles ogist, Keith Simpson, examined that whip, he thought
were bound by a handkerchief and her left arm lay that the pattern of the weave ‘corresponded in fine
diagonally under her back to lie close to the right wrist, detail’ with the marks on the body, saying ‘it is identical,
and the wrists appeared to have been tied, although no in my view, and the mark of the tip corresponds with
restraint was present. Heavy bloodstaining was pres- the projecting metallic tip’.
ent at the scene and, on releasing the ankle bindings, a Heath was charged with murder (and that of a simi-
large amount of blood issued from her vagina. lar murder in Bournemouth), and found guilty. He was
At autopsy, blunt force injuries were present on executed in October 1946.
the face and lower jaw, and there were 17 patterned Comparisons and overlays of scaled photographs of
injuries to the trunk and breasts which appeared as the patterned injuries with scaled photographs of the
stippled intradermal bruises with abrasion, having implement would be made in modern investigations,
parallel linear components and diamond-shaped in order to see whether the whip could be excluded
intervening components, and a rounded ‘end’; they as having caused the patterned injury, and the whip
had the appearance of having been caused by a flex- would also be examined by forensic scientists for fin-
ible cane or whip, having a patterned surface. There gerprints and DNA (of the assailant and victim) in order
were bite marks to the breasts, and the vagina was to allow the jury to decide whether or not the whip has
lacerated. caused the injuries, and who had wielded it. The bite
A search of Heath’s belongings revealed a leather marks would have been examined and compared with
riding whip with a hard tip; human blood, insufficient Neville Heath’s own dentition.
(b)
(a)
Skin
Bone
Figure 8.21 (a) Laceration to ear following impact with baseball bat – note irregularity of laceration and associated
swelling bruising masked by dry blood. (b) Mechanism of causation of laceration. (Courtesy of Jason Payne-James.)
118 Assessment, classification and documentation of injury
shins). They are very rare (unless severe force has been (a)
applied) over the soft, fleshy areas of the body such as
the buttocks, breasts and abdomen.
The margins of a laceration are usually ragged; how-
ever, if a thin, regular, object inflicts an injury over a
bony area of the body, the wound caused may look very
sharply defined and can be mistaken for an incised
injury. Careful inspection of the margins will reveal
some crushing or tearing and bruising, and examina-
tion of the inner surfaces of the wound will reveal the
presence of bridging fibres.
The shape of the laceration (e.g., linear, curvilinear
or stellate) rarely reflects the nature of the impacting
object (unless accompanied by other patterned blunt
force injury).
When significant tangential blunt force is applied to
the skin, for example owing to the rolling or grinding
action of a vehicle wheel, the laceration may be hori- (b)
zontal and result in a large area of separation of skin
from the underlying tissues (often called ‘flaying’ or
‘degloving’).
Incised, slash and stab wounds surface. A surgical operation wound is an example of an
Incised wounds are caused by objects with a sharp or incised wound. There is an artificial distinction between
cutting edge, often a knife but other examples include a stab and slash wound in forensic terms.
shards of glass, broken glass and bottles, the edges of A stab wound is (like a slash wound) caused by a sharp
pieces of broken pottery or ceramics, or the edge of a implement and is generally said to have penetrated the
broken tin can (Figure 8.23). The edges of the wound will body deeper than its length on the skin surface. A stab
give some indication as to the sharpness of the weapon wound can, however, be quite shallow if its progress
causing it. A sharp-edged object/implement will leave into the body is impeded, for example by the presence
no bruising or abrasion of the wound margins. Careful of bone or cartilage, in which case its depth may not
inspection of the depths of the wound will reveal that exceed its length on the skin surface. Classifying such
no bridging fibres are present because the cutting edge a wound as a stab is relatively straightforward in the
divides everything in its passage through the skin and deceased, but in the living (1) the depth of the wound
underlying tissues. may not be accessible and (2) if it has been recorded at
Incised wounds, by their nature, are only life-threat- all, the measurement of the skin surface wound may be
ening if they penetrate deeply enough to damage a blood inaccurate.
vessel of significant size. Thus, incised wounds over the Forensic pathologists may also have the advan-
wrist or neck, where major arteries lie in more superfi- tage of being able to determine the direction of such
cial tissues, can prove fatal. An incised wound caused wounds. The direction or depth of a wound in the liv-
by an object sweeping or moving across the skin surface ing may not be clear (or indeed recorded at all) when
is sometimes referred to as a ‘slash’ wound or a ‘slice’ interpreting medical or operative notes in survivors of
wound (Figure 8.24). In contrast, a stab wound is caused stab injuries. This lack of detail may be aggravated by
by a motion down through (rather than across) the skin the move from open to laparoscopic surgery. However,
Types of injury 119
(a) (c)
(d)
(b)
Figure 8.23 (a) Sutured incised wound across right side of head and face. (b) Incised wound to neck caused by use of
knife. (c) Irregular incised wounds after broken bottle slashed twice across back of head and neck. (d) Glass broken on
impact near upper left nose. Sutured. Multiple satellite superficial shard cuts. (Courtesy of Jason Payne-James.)
imaging techniques (CT, US and MRI) may all provide • The geometry of the knife, including the radius of
detailed wound track length information, and if such the blunt edge at the tip.
information is not recorded in the clinical notes, it • The sharpness of the ‘cutting edge’ of the imple-
may be determinable by further review of the imaging. ment.
The depth of the injury and its direction are of great • The nature of the force applied: stabbing incidents
importance when considering different accounts of are usually dynamic, involving complex relative
causation of stab wounds and so the more information movements between victim and assailant.
recorded at the time of treatment, the more helpful it • Whether clothing has been penetrated: some
can be to the justice system. items of clothing, such as thick leather jackets,
Any weapon with a point or tip can cause a stab may offer significant resistance to penetration.
wound; the edge of the blade does not need to be • Whether bone has been injured: skin offers little
sharp. For example, a ballpoint pen or a screwdriver resistance to penetration by a sharp knife, but
can cause stab injuries. Stab-like wounds may also injury to bone tends to suggest that a greater
be caused by other (relatively) blunt objects such as force has been used to inf lict the wound.
car keys. For penetration of the skin to occur, a vari- Significant penetration of bone may also dam-
ety of factors determine how much force is required, age the knife.
including:
Once a knife or other sharp implement has pen-
• The sharpness of the tip of the weapon: this is often etrated the skin, subcutaneous tissues (except bone)
the most important factor and the sharper the tip, offer little further resistance to deeper penetration and,
the easier it is to penetrate the body. to an assailant, it may appear that the rest of the weapon
120 Assessment, classification and documentation of injury
(a)
(b)
Box 8.3 E xamples of features to consider which can influence the appearance of a
possible stab wound
A slit-like wound will distort, after removal of the Provided that clothing has not intervened, skin
weapon, because of the action of elastic fibres present adjacent to the stab wound may be bruised and/
in the skin. If the fibres are orientated at right angles to or abraded as a consequence of forcible contact
the skin surface wound, it will be pulled outwards and between the skin and, for example, the hilt/blade
get shorter and wider; if they run parallel to the skin sur- guard of a knife, or the ‘knife-wielding’ hand of the
face wound, it will be pulled lengthways and the edges assailant.
will tend to close and the wound elongate slightly. The depth of a wound within the body may be
Even if the edges of the wound are gently pushed greater than the length of the blade if a forceful stab is
together, the resulting defect is rarely the exact size as inflicted. This is because the abdomen and, to a lesser
the knife. extent, the chest, and other soft tissues can be com-
The dimensions of the wound on the skin surface pressed by the force of the knife hilt or knife-wielding
and depth of the wound also depend on the shape/con- hand against the skin.
figuration of the blade and how deeply it was inserted. A blunt object such as a screwdriver or ‘spike’ will
Movement of the knife in the wound, as a conse- tend to indent, split and bruise the skin on penetra-
quence of relative movement between the assailant tion. Different types of screwdriver can cause different
and victim, may cause the wound to be enlarged. If the patterns of injury, for example ‘cross-head’ or ‘Phillips’
knife is twisted or rotated within the body, an irregu- screwdrivers can cause very distinctive cruciate skin
larly-shaped, or even triangular, skin surface wound surface wounds.
may be result. Unusually shaped stab wounds may be caused by
Many knives have only one cutting edge; the other implements less commonly encountered in stabbing
being blunt. This design may be reproduced in the assaults; scissors, for example, may cause a ‘Z-shaped’
wound where one wound apex is sharp or ‘V’-shaped, skin surface injury, while chisels may cause rectangular-
while the other is blunt, or rounded. The blunt wound shaped stab wounds. When such injuries are encoun-
apex may ‘split’ at each side, an appearance commonly tered, it is important to consider unusual causative
referred to as a ‘fishtail’. implements.
reflect the pattern of the sole of the shoe which may lead (a)
to identification of the assailant.
Bite injuries
A bite mark can be described as a mark caused by
teeth alone, or by teeth in combination with other
mouth parts. Biting is a dynamic process and bite
marks can be complex injuries. Bites can be human
or animal.
Bite damage can be caused by a mixture of c utting –
predominantly from the incisor teeth – and tearing
when teeth clamp down on skin and other tissue.
The appearance of bite marks made by human teeth/
mouths can vary significantly from there being little
to no visible injury, to reddening, swelling, bruising,
abrasions/cuts and substantial skin and tissue loss. (b)
In some cases, the pattern of individual teeth marks
is very clear as these leave an imprint or impression
at the site of injury.
Bite marks may be seen in all crimes of violence
including sexual assaults, child and elder abuse, and
also on the sports field.
Bite marks may be found on almost any surface of
the body; specific sites are associated with specific
forms of assault (Figure 8.28a–c). The neck, breasts and
shoulders are often bitten in a sexually motivated attack,
while in child abuse bites to the arms and the buttocks
are common.
A forensic odontologist should review any possible
bite marks when confirmation of identity of the biter is
required. There have, however, been many judicial con-
cerns about the practice of bite mark-suspect dentition
comparisons by forensic odontologists, and even the
ability of forensic practitioners to reliably recognise that
an injury is, in fact, a human bite mark. (c)
Despite these concerns, it is essential that forensic
practitioners, and all healthcare professionals caring for
the vulnerable, consider whether the injury that they are
examining could be a bite mark so that the injured area
can be swabbed for DNA recovery, and so that it may be
photographed with a scale by a trained forensic photog-
rapher.
Defence injuries
In situations of assault and attack it is a normal reflex to
protect oneself. In many instances, that reflex inevita-
bly results in the individual being assaulted sustaining
injury, albeit whilst potentially reducing the extent of
injury that might otherwise have been sustained.
When a knife or a stabbing implement is directed at Figure 8.28 (a) Human bite with tissue loss to the right
an individual, the head and face may be protected by ear. (b) Bite mark with bruising, skin lifts and teeth
raising the hands and arms to cover the head and face. marks to chest. (c) Bite causing tissue loss to chin – no
The hand may attempt to grab or deflect a weapon. The identifiable teeth marks are evident.
arms and hands sustain injuries but the head, face and (Courtesy of Jason Payne-James.)
Survival after injury 123
(a)
(b)
Torture
Article 3 of the European Convention on Human Rights
states that no-one shall be subjected to torture or to
Figure 8.31 (a) Multiple linear burn marks (caused by inhumane or degrading treatment or punishment.
heated knife blade applied to the skin) – note healed Unfortunately, such treatment and punishment is still
lesions between acute lesions. (b) Multiple incised widely found throughout the world.
wounds to forearm caused by a male with a psychotic The International Committee of the Red Cross uses
episode harming himself with a knife blade. definitions for torture and other forms of ill-treatment
(Courtesy of Jason Payne-James.) which are: torture consists of severe pain or suffering,
whether physical or mental, inflicted for such purposes
as obtaining information or a confession, exerting pres-
sure, intimidation or humiliation; cruel or inhumane
(synonymous terms) treatment consists of acts which
cause serious pain or suffering, whether physical or
mental, or which constitute a serious outrage upon indi-
vidual dignity. Unlike torture, these acts do not need to
be committed for a specific purpose; and humiliating
or degrading (synonymous terms) treatment consists of
acts which cause real and serious humiliation or a seri-
ous outrage upon human dignity, and whose intensity is
such that any reasonable person would feel outraged; ill-
treatment is not a legal term, but it covers all the above-
mentioned acts.
Forensic physicians and pathologists may be asked
to assess individuals claiming torture or other forms
of ill-treatment and human rights abuse. Such assess-
ments can be complex and it may be necessary to assess
and interpret physical findings for which there may be
a number of explanations. The doctor’s role is to assess
these findings impartially. In order to make an assess-
Figure 8.32 Multiple new incised wounds with smaller ment for physical evidence of torture a structured exam-
and more superficial tentative injuries (arrowed). ination must take place, which involves the history, the
(Courtesy of Jason Payne-James.) medical history and then the physical examination.
126 Assessment, classification and documentation of injury
Table 8.1 Some characteristics that may be associated with self-inflicted injury
Characteristic Additional Comments
On an area of the body that the individual can access Sites less accessible to reach (e.g., the middle of the
themselves back) are less likely
Superficial or minor injury Although more severe injury can be caused – particularly
in those with psychiatric disorder or suicidal intent
If there is more than one cut they are of similar Typically self-inflicted cutting injuries are more
appearance, style and orientation superficial, numerous and similar than those sustained in
an assault by another person – where the natural
reaction of the injured person is to avoid repeated injury,
and both assailant and victim will be moving
If there are other types of injury (e.g., scratches, cigarette As above – more than one similar injury should raise an
burns) they are of similar appearance, style and index of suspicion as to the possibility of self-infliction
orientation
Multiple similar injuries Raise a high index of suspicion as to the possibility of
self-infliction
Parallel injuries As above
Injuries grouped in a single anatomical region As above
Injuries are grouped on the contralateral side to the A right-handed person is more likely to create injury on
patient’s handedness the left-hand side of the body
Tentative injuries Smaller or lesser injuries grouped with the main injuries
suggest the initial ‘tentative’ attempts at self-harm
Old healed scars in similar sites May indicate previous attempts at self-harm
Scars or healing wounds of different ages in similar sites May indicate repeated previous attempts at self-harm
Slow-healing injuries Persistence of wounds that would otherwise have been
expected to heal – in the absence of any other factors.
Psychiatric and related issues – such as eating disorders,
drug and alcohol misuse
The physical examination must involve systematic • Beating of the soles of the feet (falanga, falaka or
examination of the skin, face, chest and abdomen, mus- bastinado; Figure 8.33).
culoskeletal system, genitourinary system and the central • Amputation (Figure 8.34).
and peripheral nervous systems. Specific examination • Positional torture – e.g., cheera (legs stretched
and evaluation are required following specific forms of apart) or Parrot’s Perch (wrists tied over knees –
torture which include: beatings and other blunt trauma; a pole placed under the knees).
beatings of the feet; suspension; other positional torture; • Suspension – e.g., Palestinian hanging (arms and
electric shock torture; dental torture; asphyxiation; and wrists tied and elevated behind the back; Figure
sexual torture, including rape. Specialised diagnostic 8.35), which can result in disruption of shoulder
tests can be used to assess damage (e.g., radiological joint complexes and subsequent deformity.
imaging, nerve conduction studies). • Electrical burns (Figure 8.36).
The history taking should include direct quotes • Wet submarino – immersing the victim’s head in
from the victim, establishment of a chronology, where a container full of water until the person almost
possible backing it up, for example, with old medical drowns.
records and photos. A summary of detention settings • Dry submarino – placing the victim’s head inside
and abuses, must be obtained with details of the condi- a plastic bag until nearly suffocated.
tions within those settings and methods of torture and
ill-treatment. Attention must also be paid to, and may Each of these may have short- and long-term sequelae.
require specialist assessment of, the psychological sta- It is extremely important to recognise that there
tus of the victim. Specific torture techniques that may may be no physical evidence of torture. Where scars or
be described include: marks are present it is important, for the credibility of
Documentation of injury or marks of injury 127
Forensic pathologists may be dependent on avail- (e.g., ForensiDoc ®). Such documentation will ensure
able information, from police, from witnesses, from that the opportunity for proper interpretation is max-
medical records, from family and many other sources imised. Thus, any clinical notes should: record the
to determine what may or may not have caused fatal appropriate history; record accurately and clearly all
injury. Forensic physicians dealing with the injured findings – positive and negative; record legibly; sum-
living person may be able to get a history directly from marise findings with clarity; use consistent terminol-
that person, but may not have access to other materi- ogy; and interpret within the limits of your experience.
als. If it is possible to take a history, then the relevance If the healthcare professional is not able to interpret
of each factor listed below should be considered: findings then this should be stated clearly in any report.
There is frequently an ‘evidence gap’ for those who
• When did the injury or injuries happen?
are seriously injured, and who require immediate
• Have they been treated (e.g., at hospital or at home)?
resuscitation and immediate surgery or ventilation,
• Are there any pre-existing illnesses (e.g., skin
when compared with those with relatively minor inter-
disease)?
personal assaults, where the complainant can give a
• Are there any pre-existing (but unrelated) sites of
full account and injuries can be documented, and the
injury?
deceased, who will have a full post mortem examina-
• Does the individual take any regular physical
tion carried out by a forensic pathologist. The need to
activity which puts them at risk of injury (e.g., at
save life and stabilise the critically injured is the prior-
work, or whilst participating in contact sports)?
ity, rather than the need to document injury accurately,
• Is the person taking regular medication (e.g., anti-
or to retrieve crucial evidence, and lack of forensic skills
coagulants, steroids)?
mean that often hugely important evidence (e.g., nature
• What is the handedness of the complainant and
of injury or important trace materials) is lost. There is
suspect?
a clear argument for those involved in the care of the
• Were drugs and/or alcohol used?
severely or critically injured to have access to forensic
• What weapon or weapons was/were used (if still
physicians who can (with the consent of the clinical
available)?
teams) gather evidence at the earliest opportunity.
• What clothing was worn?
Forensic pathologists must document and record
Most of this information should be easily obtainable all injuries identified at post mortem examination in
from the history and documented in the contemporane- detail, sufficient to enable subsequent review of their
ous medical notes. findings, and to demonstrate the reliability of their con-
The following characteristics should be recorded clusions in any legal forum.
wherever possible for each injury identified:
Forensic photography
• Location (anatomical – measure distance from
landmarks) Forensic photography is a specialised area embracing a
• Presence of pain or tenderness range of imaging techniques that allow best presentation
• Reduced mobility/altered function of visually relevant evidence in an appropriate format. The
• Nature of injury (e.g., bruise, laceration, abrasion) principles are straightforward, and ensure that interpre-
• Size (measure, do not estimate. Use a ruler or a table images are retained. Photographic techniques have
scale – which could include a colour standard e.g., included the use of ultraviolet, infrared and polarised light
Forensigraph®) photography, which have been said to enhance or identify
• Shape items or injuries of interest. Data are somewhat lacking as
• Colour to the utility of these techniques which in general enhance
• Orientation or show features which may not ordinarily be visible to the
• Possible age (is it consistent with account?) naked eye. Caution should be used when reviewing such
• Causation (is it consistent with account?) images. An essential element of forensic photography is
• Handedness (of complainant and suspect) data management of images and how these are appropri-
• Time (that injury was caused) ately stored, reproduced and shared. Forensic practitio-
• Transientness (has it changed in appearance?) ners need to work closely with forensic photographers to
ensure that the relevance of images taken is best suited
The recording of such information in the clinical set- to the requirements of the evidential and court process.
ting should ideally be in three forms: first in a written All forensic practitioners should consider undertaking
form, appropriately describing the injury; second as a training in forensic photography. Poor-quality imaging
hand-drawn body diagram; and third, ideally, to sup- is now unacceptable and it is appropriate that those most
plement the first two, in digital image form. There are skilled in producing robust evidence are used to provide it
some Apps which can record all this type of information for courts and other agencies. Guidelines are available on
and data (via tablet or smartphone) which can generate best practice. Boxes 8.5 and 8.6 describe 2D and 3D pho-
immediate reports summarising all such information tography of patterned injuries in more detail.
Documentation of injury or marks of injury 129
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9 Ballistic injuries
Introduction that propel the projectile(s). Airguns and air rifles form
a separate group of weapons that rely upon compressed
The unlawful use of firearms as weapons of assault gas to propel the projectiles. These weapons, and more
continues to increase. Firearms are relatively easy to unusual forms of projectile or firearm, such as the rub-
obtain, whether in jurisdictions where their possession ber bullet, stud (also known as power-actuated or nail)
is controlled and use is permitted or not. Legislation guns and humane killers, are considered at the end of this
intended to reduce availability often seems to have section.
an impact only on those with a lawful need or reason Modern propellants consist of nitrocellulose or
for possession, rather than on those intent on using other synthetic compounds prepared as small coloured
firearms for criminal purposes. In whichever jurisdic- flakes, discs or balls. During the process of firing a bullet
tion the forensic practitioner practices, he or she will or shotgun cartridge the following sequence of events
encounter injury and death caused by a wide variety of occurs: the firing pin strikes the primer cup and the
firearms. Often the availability and control of firearms primer compound explodes; small vents between the
is a focus of intense political debate. The nature of the primer cup and the base of the cartridge case allow the
firearm is often dependent on the jurisdiction. Firearm flame of this detonation to spread to the propellant; the
injury may be deliberate (as in conflict or assault) or propellant burns rapidly, producing large volumes of
accidental or unintentional (e.g., hunting injuries). gas, which are further expanded by the very high tem-
peratures of the ignition; and the pressure of this gas
Types of firearms propels the shot or bullet from the barrel.
The speed with which the projectile leaves the end of
Within England & Wales a firearm is ‘a lethal barreled the barrel (the muzzle velocity) varies from a few hun-
weapon of any description from which any shot, bullet or dred metres per second in a shotgun to a thousand or
other missile can be discharged’ (section 57 (1) Firearms more in a high-velocity military weapon. The energy of
Act 1968). It includes: the projectile is proportional to the speed at which it
• Any prohibited weapon (see below in this guid- travels and is calculated from the kinetic energy (½MV2)
ance section 5 Firearms Act 1968), whether it is of the bullet. Higher muzzle velocities are considerably
such a lethal weapon as aforesaid or not. more effective at delivering energy to the target than
• Any component part of such a lethal or prohibited larger bullets. The extent of injury, and wound pattern,
weapon. created by a firearm is, in part, directly related to the
• Any accessory to any such weapon designed or muzzle velocity.
adapted to diminish the noise or flash caused by
firing the weapon. Shotguns
The term ‘lethality’ itself is a complex issue and Shotguns, commonly used in the sport, hunting and
although case law exists (Moore v Gooderham [1960] 3 farming sectors, are long-barrelled, smooth-bore fire-
All E.R. 575), only a court can decide whether any par- arms that are used to discharge cartridges that usually
ticular weapon is a ‘firearm’ for the purposes of the Acts. contain a number of shot. These guns may have single
There are two main types of firearm: those with or double barrels, commonly 26–30 inches (66–76 cm)
smooth barrels, which fire groups of pellets or shot, and in length; the double-barrelled weapons are arranged
those with grooved or rifled barrels, which fire single pro- either ‘side by side’ or ‘over and under’. The length of the
jectiles or bullets. Both of these types of weapon rely upon barrel makes handling and concealing shotguns dif-
the detonation of a solid propellant to produce the gases ficult and so it is not uncommon for the barrels to be
134 Ballistic injuries
(a) (b) calibre, shot size and distance at which the shotgun was
Case discharged from the target (see below).
Rifled firearms
Shot This group of firearms usually fire one bullet at a time
through a barrel that has had a number of spiral grooves
Wad cut into the bore. The resultant projections, referred to
as ‘lands’, engage with the bullet and impart gyroscopic
Powder spin that produces a more stable and accurate trajec-
charge tory. Rifled weapons fall into two main groups: hand
guns and rifles.
Brass head Revolvers and pistols are short-barrelled hand guns.
Revolvers contain a rotating cylinder into which car-
Primer
tridges are manually loaded. Pistols, or semi-automatic
Figure 9.1 Shotgun cartridge structure: (a), image of a hand guns, usually contain a magazine enclosing the
shotgun cartridge; (b), diagram of structure of typical cartridges located within the grip. The firearm is dis-
cartridge. charged when the cocked firing pin, or striker, impacts
on to the primer cup in the base of the cartridge by pull-
ing the trigger. The main difference in the two types of
shortened for criminal activities. This shortening of the firearm is the method of operation (Figure 9.2).
barrel has little impact on the effectiveness of the gun, In the revolver, the cylinder rotates to align a new
especially over short to middle distances. A shotgun cartridge with the firing pin and the barrel, which is
generally has an effective range of about 30–50 m. achieved by either pulling the trigger (double action)
The cartridges for shotguns (Figure 9.1) consist of a or by manually cocking the hammer and subsequently
metal base, or head, containing a central primer cap, pulling the trigger (single action). The fired cartridge
supporting a cardboard or plastic tube containing the cases remain in the gun until they are manually
propellant charge and the shot, which is closed by a thin unloaded.
disc or a crimp at the end of the tube. The shot may be In a pistol, the forces generated each time a cartridge is
contained within a plastic wad or there may be discs of discharged are used to recycle the weapon, which involves
felt, cork or cardboard, acting as wads above and below extracting and ejecting the fired cartridge case, resetting
the shot. The plastic wads open into a petal-shape the firing mechanism and loading a new cartridge from
in flight and may themselves contribute to an injury, the magazine into the chamber. For semi-automatic
especially at close range. weapons this occurs each time the trigger is pulled.
Shotgun cartridges are designated according to the Rifles are long-barrelled weapons that are designed to
size of the individual shot contained within and can accurately fire projectiles at targets at a much greater dis-
vary significantly in number depending on the shot tance than revolvers or pistols. Rifles have been designed
size (typically 6–850 in number for a 12-bore cartridge). to use many different types of operating mechanism,
There are also cartridges that contain a single heavy ranging from single shot bolt-action rifles to fully auto-
projectile, commonly referred to as a ‘slug’. The types of matic gas-operated assault rifles, some of which are
wound produced by a shotgun will be dependent on the capable of firing in excess of 700 cartridges per minute.
(a) (b)
Figure 9.2 Revolvers and pistols. (a) Heckler & Koch USP (Universal Service Pistol), Germany, 1993. Calibre 9 mm para-
bellum. (b) Ruger GP–100, USA, 1987. Calibre .357 Magnum.
Firearms injuries 135
Firearms injuries
Injuries sustained from discharge of firearms can origi-
nate from the smoke, flame and gases of combustion
(as well as the projectile). These exit the barrel, together
with portions of unburned, burning and burnt pro-
pellant and other items such as wadding and plastic
containers for the pellets. These items and particles
will usually follow the projectile(s), but in some guns
they may also precede them. The distance they will
travel from the end of the muzzle is extremely variable,
depending mainly on the type of weapon and the type
of propellant. They can also escape from small gaps
around the breech and will soil hands or clothing close
to the breech at the time of discharge. The presence,
location and distribution of such items and particles
may have substantial evidential value in the forensic
investigation of a shooting incident, and determining
who fired or handled the weapon (see Box 9.1).
(a)
(b)
4 3 2 1(a)
6 5
1(b)
Figure 9.4 Variation in appearance of a shotgun wound at Figure 9.6 Firm contact entrance wound just above the
increasing range of discharge: (a)/1(a), split wound from umbilicus from a twelve-bore shotgun. Clothing pre-
contact over bone; (b)/1(b), usual round contact wound; vented soot soiling, but minor peripheral abrasions were
2, close but not contact range up to approximately 30 cm caused by impact of a belt. Gas expansion in the disten-
(variable); 3, ‘rat hole’ (scalloped) wound from 20 cm sible abdomen has prevented skin splitting at the wound
to approximately 1 m (variable); 4, satellite pellet holes edges. (Reproduced with permission from Saukko P and
appearing over approximately 2 m; 5, spread of shot Knight B. Knight’s Pathology 4E, London, CRC Press, 2016.)
increases, central hole diminishes; 6, uniform spread with
no central hole over approximately 10 m. All these ranges may usually be recovered from the wound track. The tis-
vary greatly with barrel choke, weapon and ammuni- sues along the wound track may be blackened and the
tion. (Reproduced with permission from Saukko P and surrounding tissues are said to be pinker than normal
Knight B. Knight’s Pathology 4E, London, CRC Press, 2016.) supposedly as a result of the carbon monoxide contained
within the discharge gases creating carboxyhaemoglo-
Contact wounds are created when the gun muzzle bin. As with most colour descriptions in forensic medi-
abuts the skin and usually results in a circular entrance cine, the theory is not always clearly backed up by the
wound that approximates the size of the muzzle (Figures findings.
9.5 and 9.6). The wound edge will be regular and often A close discharge, within a few centimetres of the
has a clean-cut appearance with no individual pellet skin surface, will also produce a wound with a similar
marks apparent. Often there will be smoke soiling of at appearance, but as for the muzzle gases can escape,
least some of the margin of the wound. There may be a there will be no muzzle mark (Figure 9.7). More smoke
narrow, circular rim of abrasion around some or all of soiling can occur, and burning of skin, with singe-
the entrance wound, caused when the gases of the dis- ing and clubbing of melted hairs, may be seen around
charge enter through the wound and balloon the tissues the wound (Figure 9.8). Powder ‘tattooing’ of the skin
upwards so that the skin is pressed against the muzzle. around the entry wound may be evident. This tattoo-
If the discharge was over an area supported by bone, ing results from burnt and burning flakes of propellant
the gases cannot disperse as readily as they would in causing tiny burns on the skin and cannot be washed
soft, unsupported areas such as the abdomen, and the off. As with contact discharges, wads will often be found
greater ballooning of the skin results in splits (lacera- in the wound track.
tions) of the skin, which often have a radial pattern. In At intermediate ranges (between 20 cm and 1 m),
contact wounds, any wadding or plastic shot containers there will be diminishing smoke soiling and burning of
(a)
Bone
away from the wound track itself. The cavitation effect common ways in which the gas is compressed. The sim-
may be exacerbated by the radial stretching of tissues plest method employs the compression of a spring which,
creating a temporary wound cavity. when released, moves a piston along a cylinder; more
The importance of an adequate description of gun- powerful weapons use repeated movements of a lever
shot wounds at autopsy is illustrated very well by the to pressurise an internal cylinder. The third type has an
ongoing controversy surrounding the death of US internal cylinder which is ‘charged’ by connecting it to a
President John F Kennedy in 1963 (Box 9.2), and sub- pressurised external source. The barrel of an air weapon
stantial tissue damage and loss, and unknown other may or may not be rifled; the more powerful examples
factors (e.g., d
irection of wound track, distance from have similar rifling to ordinary handguns and rifles.
weapon) all impact on the extent to which reliability The energy of the projectile will depend mainly on
can be placed on the conclusions drawn. This, how- the way in which the gas is compressed: the simple
ever, does not appear to prevent people coming up with spring-driven weapon is low powered, while the more
their own theories, in which speculation and general complex systems can propel projectiles with the same
assumptions play a large part. energy, and hence at approximately the same speed, as
many ordinary handguns.
The injuries caused by the projectiles from air weap-
Air weapons, unusual projectiles ons will depend upon their design, but entry wounds
and other weapons from standard pellets are often indistinguishable from
those caused by standard bullets in that they have a
Air guns and rifles defect with an abrasion rim. The relatively low power of
Air weapons rely upon the force of compressed air to pro- these weapons means that the pellet will seldom exit,
pel the projectile, usually a lead or steel pellet although but if it does do so, a typical exit wound with everted
darts and other projectiles may be used. There are three margins will result.
Air weapons, unusual projectiles and other weapons 141
Sight
(style varies)
Serving Latch
String Arrow retention
spring
Flight groove
Stock
Riser
Sight
bridge
Trigger
Foregrip
weapon must be present at the scene, although it may be fatal, as is demonstrated by the cases described in
at a distance from the body because it may have been cat- Box 9.4. It is most likely that severe damage to the brain,
apulted away from the body by the gun recoil, or by move- heart, aorta and any number of other vital internal
ment of the individual if death was not instantaneous. organs will lead to rapid collapse and death; however,
The deceased’s DNA or fingerprints should be present many forensic practitioners will have seen cases of sur-
on the weapon (unless gloves were worn). Suicidal gun- vival (sometimes long-term) following a contact dis-
shot i njuries are most commonly in the ‘sites of e lection’, charge of a firearm into the head.
which vary with the length of the weapon used.
Both long-barrelled and short-barrelled weapons
can be used in the mouth, below the chin, on the front Evidence recovery
of the neck, the centre of the forehead or, more rarely, In the living, all efforts must be directed to saving life but,
the front of the chest over the heart. Discharges into the if at all possible, the emergency medicine specialist, and
temples are almost unique to handguns and are usu- surgeon, should make good notes of the original appear-
ally on the side of the dominant hand, but this is not an ances of the injuries and preferably take good-quality
absolute rule. People rarely shoot themselves in the eye images of any entry or exit wounds before any surgical
or abdomen or in inaccessible sites such as the back. It cleaning or operative procedures are performed. Intra-
is unusual for females to commit suicide with guns and operatively it is useful to record the nature and direction
females are rarely involved in firearms accidents. of possible wound tracks, and their length. Any foreign
If suicide can be ruled out by the range of discharge, objects such as wads, bullets or shot, and any skin removed
by absence of a weapon or by other features of the injury from the margin of a firearm wound during treatment,
or the scene, a single gunshot injury could be either should be carefully preserved for the police. The presence
accident or homicide. Multiple firearm wounds strongly of a forensic physician at the time can be helpful in ensur-
suggest homicide. However, there have been a number ing that appropriate documentation is made, for presenta-
of published reports of suicidal individuals who have tion at a later stage in court. Ideally, the police should be
fired repeatedly into themselves even when each wound contacted (with the individual’s consent) should surgical
is potentially fatal. The distinction between homicide, intervention be required so that a ‘chain of custody’ for
suicide and accident can sometimes be extremely dif- evidence can be established.
ficult and a final conclusion can only be reached after a Those arrested for possible involvement in firearms
full medicolegal investigation. offences will need detailed examination and taking of
It is as unwise to state that a gunshot wound, as with samples, including skin and hand swabs, and nasal
any other sort of injury, must have been immediately samples, to identify any firearms residue. Standardised
144 Ballistic injuries
and approved processes should be applied to all these vicinity solely from the effects of the wave of high pres-
forms of trace evidence collection. sure and hot gases striking the body. A minimum pres-
The same general rules apply to the post mortem sure of about 700 kPa (100 lb/inch 2) is needed for tissue
recovery of exhibits. The skin around the wounds may damage in humans. There will also be pressure effects
be swabbed for powder residue if this is necessary, but upon the viscera and these effects are far more damag-
the retention of wounds themselves is no longer consid- ing where there is an air–fluid interface, such as in the air
ered to be essential. Swabs of the hands of the victim passages, the lungs and the gut. Rupture and haemor-
should be taken. The pathologist must ensure that accu- rhage of these areas represent the classical blast lesion.
rate drawings and measurements of the site, size and Blast injuries can be categorised as primary to qua-
appearance of the wound are obtained and that distant ternary injuries. Primary injuries result from the effect
and close-up photographs are taken of each injury with of transmitted blast waves on gas-containing structure
an appropriate scale in view. (e.g., thorax); secondary injuries result from the impact
In many countries, all firearm wounds, whether or of airborne debris; tertiary injury results from transpo-
not they are fatal, must be reported to the police, irre- sition of the entire body due to blast wind or structural
spective of the consent of the injured individual. The collapse, and quaternary injuries make up the remain-
UK General Medical Council advises, having reiterated der, including burns. Quinary blast injuries have also
the duty of confidentiality, ‘the police should usually be been proposed: the clinical consequences of post-deto-
informed whenever a person presents with a gunshot nation environmental contamination such as bacteria.
wound. Even accidental shootings involving lawfully Although the primary effect of blast is large, in
held guns raise serious issues for the police about, for most cases many more casualties, fatal and otherwise,
example, firearms licensing’. are caused by secondary and tertiary effects of explo-
sive devices, especially in the lower-powered terrorist
Blast injuries bombs. These effects include:
Armed conflict and terrorist activity lead to many deaths • Burns – directly from the near effects of the explo-
from explosive devices. Domestic and international sion and secondarily from fires started by the
terrorist activity is now present in many countries and bomb.
therefore there has been an increase in the experience • Missile injuries from parts of the bomb casing,
of medical personnel in the assessment and treatment of contents or shrapnel or from adjacent objects.
blast (explosive) injuries. They may derive from a number • Peppering by small fragments of debris and dust
of sources including improvised explosive devices (IEDs), propelled by the explosion (Figure 9.20).
car bombs and suicide bombers. The nature of the explo- • Various types of injury owing to collapse of struc-
sive device may alter the nature of injury, and the position tures as a result of the explosion.
or activity of the individual (e.g., in a vehicle, on foot) at • The body impacting against other structures or
the relevant time may also have substantial influence on objects.
injury and outcome. Experience with IEDs has resulted • Injuries and death from vehicular damage or
in substantial research and drivers for revised coding of destruction, such as decompression, intrusion
injury such as the Military Combat Injury Scale. of occupant space, fire and ground impact of
In military bomb, shell and missile explosions, the bombed aircraft and crash damage to cars, trucks,
release of energy may be so great that death and disrup- and buses.
tion from blast effects occur over a wide area. In con-
trast, terrorist devices, unless they contain very large
amounts of explosive, are generally of less power and
the pure blast effects are far more limited. However,
the locations in which such devices are often detonated
may be within relatively confined spaces (e.g., subways
and buses), influencing the subsequent pattern of injury
caused. The energy generated by an explosion decreases
rapidly as the distance from the epicentre increases.
When an explosion occurs, a chemical interaction
results in the generation of huge volumes of gas, which
are further expanded by the great heat that is also gener-
ated. This sudden generation of gas causes a compres-
sion wave to sweep outwards; at the origin, this is at
many times the speed of sound. Figure 9.20 Multiple abrasions and lacerations caused
The pure blast effects can cause either physical frag- by flying debris projected in a bomb blast. (Courtesy of
mentation or disruption of those within the immediate Professor T K Marshall, Queens University, Belfast.)
Mass disasters 145
Mass disasters
Most mass disasters are now either natural disasters
or terrorist and criminal events. For the non-specialist
doctor at the scene of a mass disaster of any kind, the
first consideration is the treatment of casualties, for
which the first, and often most testing, role is on triage.
Those faced with triaging patients in mass disasters are
faced with a number of practical and ethical decisions.
Box 9.5 illustrates the widely accepted colour-code sys-
tem used to categorise disaster victims in the field. The
Figure 9.21 Massive disruption of the body of an ‘expectant’ category can be the most challenging for
individual who had constructed an explosive device. caregivers from an ethical and emotional standpoint.
(Courtesy of Richard Jones.) In 2017, the World Medical Association (WMA) revised
its Statement on Medical Ethics in the Event of Disasters.
The investigation of the scene of an explosion is a The key points are summarised in Box 9.6.
huge and technically complex exercise with a number The International Committee of the Red Cross and
of factors to be considered, including triaging to pre- other bodies have provided advice on the appropriate
serve life and evacuating casualties, whilst concurrently and dignified management of the dead which is con-
attempting to establish and maintain a crime scene (or sidered to be one of the three key pillars of humani-
scenes) for the identification, sampling and preserva- tarian response to disaster. The investigation of the
tion of evidence. causes of death, the causes of the incident (such as a
Full assessment of both the living and the dead bomb), and the identification of the dead, are specialist
following an explosion is essential, with careful operations involving individuals from a wide variety of
documentation of the sites and sizes of all injuries. professional backgrounds, including those with exper-
Multiprofessional teams including forensic patholo- tise in the provision of emergency mortuary accom-
gists, forensic physicians, forensic scientists, forensic modation, pathologists, dentists, the police and the
anthropologists, forensic odontologists and crime usual state agencies responsible for sudden death; in
scene investigators are required to ensure the integ- England & Wales this is the Coroner. A team of patholo-
rity and proper interpretation of evidence. For the gists, assisted by police officers and mortuary staff, and
deceased, post mortem radiology is essential, in order backed up by dental and radiological facilities, inspects
to identify unexploded ordinance, and items com- each body and records all clothing, jewellery and per-
prising components of the explosive device, which sonal belongings still attached to the bodies. The body,
may assist in determining its source. Identification or body part, is then carefully examined for every aspect
of deceased individuals is important, not only from a of identity, including sex, race, height, age and personal
moral and ethical standpoint for families, but also to characteristics. All these details are recorded on stan-
enable the relevant medicolegal authority to discharge dard forms and charts and the information is sent back
their responsibilities. The identification of suicide to the identification teams, who can compare this post
bombers, whose bodies are frequently extensively dis- mortem information with ante mortem information
rupted following the explosion, can be extremely chal- obtained from others including relatives, friends and
lenging, particularly if previously unknown to security work colleagues. A post mortem examination is usually
services (Figure 9.21). performed to determine the cause of death, retrieve any
Box 9.5 Triage Levels and Colour Coding to categorise disaster victims in the field
• Red Triage Tag (‘Immediate’ or T1 or Priority 1): • Black Triage Tag (‘Expectant’ or No Priority):
Patients whose lives are in immediate danger and Patients who are either dead or who have such
who require immediate treatment. extensive injuries that they cannot be saved with
• Yellow Triage Tag (‘Delayed’ or T2 or Priority 2): the limited resources available.
Patients whose lives are not in immediate danger
and who will require urgent, not immediate, medi-
cal care. Adapted from Kennedy K, Aghababian RV, Gans
Source:
• Green Triage Tag (‘Minimal’ or T3 or Priority 3): L, Lewis CP. Triage: techniques and applications in
Patients with minor injuries who will eventually decision making. Ann Emerg Med 1996;28(2):136–144.
require treatment.
146 Ballistic injuries
foreign objects that, for example, may be related to an Haag LC. Base deformation of full metal-jacketed rifle bullets as
explosive device, and to seek any further identifying fea- a measure of impact velocity and range of fire. Am J Forensic
tures, such as operation scars and prostheses. Med Pathol 2015;36(1):16–22.
Karger B, Billeb E, Koops E, Brinkmann B. Autopsy features rel-
evant for discrimination between suicidal and homicidal
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Breitenecker R. Shotgun wound patterns. Am J Clin Pathol open-globe injuries: a 10-year retrospective review. Retina
1969;52:258–269. 2014;34(2):254–261.
Dana SE, DiMaio VJM. Gunshot trauma. In: Payne-James JJ, Busuttil Krukemeyer MG, Grellner W, Gehrke G, et al. Survived crossbow
A, Smock W (eds). Forensic Medicine: Clinical and Pathological injuries. Am J Forensic Med Pathol 2006;27(3):274–276.
Aspects. London: Greenwich Medical Media; 2003, 149–168. Lawnick MM, Champion HR, Gennarelli T, et al. Combat injury cod-
DiMaio VJM. Bloody bodies and bloody scenes. In: DiMaio VJM. ing: a review and reconfiguration. J Trauma Acute Care Surg
Gunshot Wounds: Practical Aspects of Firearms, Ballistics and 2013;75(4):573–581.
Forensic Techniques, 2nd ed. Boca Raton: CRC Press; 1999, 254. Ling SN, Ong NC, North JB. Eighty-seven cases of a nail gun
Fackler ML. Wound ballistics: a review of common misconcep- injury to the extremity. Emerg Med Australas 2013;25(6):
tions. J Am Med Assoc 1988;259:2730–2736. 603–607.
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gunshot and knife wounds, https://www.gmc-uk.org/ trauma. Forensic Sci Med Pathol 2009;5(3):204–209.
ethical-guidance/ethical-guidance-for-doctors/confidenti- Marri MZ, Bashir MZ. An epidemiology of homicidal deaths due
ality---reporting-gunshot-and-knife-wounds/reporting-gun- to rifled firearms in Peshawar Pakistan. J Coll Physicians Surg
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148 Ballistic injuries
Marshall TK. Deaths from explosive devices. Med Sci Law Thali MJ, Kneubuehl BP, Dirnhofer R, Zollinger U. The dynamic
1976;16:235–239. development of the muzzle imprint by contact shot: high-
Mathews ZR, Koyfman A. Blast Injuries. J Emerg Med speed documentation utilizing the ‘skin–skull–brain model’.
2015;49(4):573–587. Forensic Sci Int 2002;127:168–173.
Mehta A, Khosa F. Firearms, bullets, and wound ballistics: an Volgas DA, Stannard JP, Alonso JE. Ballistics: a primer for the sur-
imaging primer. Injury 2015;46(7):1186–1196. geon. Injury 2005;36:373–379.
Milroy CM, Clark JC, Carter N, et al. Air weapon fatalities. J Clin Weinberger SE, Hoyt DB, Lawrence HC, et al. Firearm-related injury
Pathol 1998;51:525–529. and death in the United States: a call to action from 8 health
National Archives. President John F Kennedy assassination records professional organizations and the American Bar Association.
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Rosenfeld JV, Bell RS, Armonda R. Current concepts in penetrat- CPS. Guidance on Firearms. https://www.cps.gov.uk/legal-guid-
ing and blast injury to the central nervous system. World J ance/firearms (Accessed 8 April 2019).
Surg 2015;39(6):1352–1362. Firearms Act 1968. http://www.legislation.gov.uk /
Santucci RA, Chang YJ. Ballistics for physicians: myths about ukpga/1968/27/contents (Accessed 8 April 2019).
wound ballistics and gunshot wounds. J Urol 2004;171:1408– Police & Crime Act 2017 http://www.legislation.gov.uk/
1414. ukpga/2017/3/part/6/crossheading/firearms/enacted
Saukko P, Knight B. Gunshot and explosion deaths. In: Saukko P, (Accessed 8 April 2019).
Knight B (eds). Knight’s Forensic Pathology, 4th ed. Boca Raton: International Committee of the Red Cross. Management of dead
CRC Press; 2016, 241–275. bodies after disasters: a field manual for first responders.
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alence and fatal injuries from explosions: insights from post- dead-bodies-after-disasters-field-manual-first-responders
mortem computed tomographic analysis of 121 improvised (Accessed 8 April 2019).
explosive device fatalities. J Trauma Acute Care Surg 2013;75(2 World Medical Association. WMA statement on medical ethics in
Suppl 2):S269–S274. the event of disasters. https://www.wma.net/policies-post/
Smith S. Voluntary acts after a gunshot wound of the brain. Police wma-statement-on-medical-ethics-in-the-event-of-disas-
J 1943;16:108–110. ters/ (Accessed 8 April 2019).
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morphology of gunshot entrance wounds, in connection
with their dynamic creation, utilising the ‘skin–skull–brain’
model. Forensic Sci Int 2002;125:190–194.
10 Regional injuries and
patterns of injury
▪▪ Introduction ▪▪ Chest injuries
▪▪ Head injuries ▪▪ Abdomen
▪▪ Neck injuries ▪▪ Bibliography and information sources
▪▪ Spinal injuries ▪▪ Further general resources
(a)
(b)
Intracranial haemorrhage
The clinical significance of any space-occupying lesion
within the cranial cavity is the effect that the resultant
raised intracranial pressure has on brain structure and
function.
Intracranial bleeding, which in effect creates a
space-occupying lesion, is the cause of many deaths
and disability following head injury, often as a result of
delayed or missed diagnosis. Bleeding can compress the
brain and, if it continues for sufficient time, and in suffi-
cient quantity, can raise the pressure within the cranial
cavity. As the intracranial pressure increases, blood flow Figure 10.4 Depressed skull fracture, with rounded
to the brain decreases and, if the intracranial pressure contours in the centre of the image, closely replicating
reaches a point where it equals or exceeds arterial blood the dimensions of a round-headed hammer. Additional
pressure, the blood flow to the brain will cease. fracture lines also seen. (Courtesy of Richard Jones.)
152 Regional injuries and p
atterns of injury
Periosteum
Scalp
Thicker
outer table
Emissary vein
Diploe
Dura
Thinner inner
Cortical vein table
Meningeal
Cerebral artery
artery
Venous sinus
Falx
Figure 10.5 Anatomy of the blood vessels and structures related to cranial bones in diagrammatic form.
Two main types of haemorrhage within the skull but begin to turn brown after several days; microscopi-
cavity, each resulting in haemorrhage in different tis- cally, haemosiderin can be identified with Perls’ stain
sue planes, are extradural and subdural haemorrhage. (Figure 10.8). Older subdural collections (chronic sub-
Extradural haemorrhage is associated with damage to dural haematoma) may be enclosed in gelatinous ‘mem-
the meningeal artery, particularly the middle menin- branes’, which can harden into a firm rubbery capsule
geal artery, in its course in the temporal bone (Figure in extreme cases. Such old collections of subdural blood
10.6a and b). Damage to this vessel leads to arterial are most commonly seen in the elderly, whose cerebral
bleeding into the extradural space. As the blood atrophy allows space for the formation of the haematoma
accumulates, it separates the dura from the overlying without apparent significant clinical effect. Chronic
skull and forms a haematoma (a collection of blood). subdural haematomas are also seen in those prone to
Arterial bleeding is generally rapid, and the develop- frequent falls, such as those with alcohol dependencies.
ment of the haematoma will result in a rapid displace- Occasionally, subdural haemorrhages may be present for
ment of the brain and the rapid onset of symptoms. many months or even years before diagnosis, which can
Extradural haemorrhages may present in the clinical be difficult because of the often non-specific neurologi-
setting with head trauma followed by a ‘lucid period’ cal changes. Spontaneous subdural haemorrhages can
of half an hour or more, before sudden, rapid dete- occur without trauma (although there may be underly-
rioration occurs. Rarely, extradural haemorrhage can ing pathology such as sepsis, bleeding diathesis or vas-
develop as a result of venous bleeding from damaged cular malformation).
perforating veins or dural sinuses, in which case the The effects of both extradural and subdural haem-
development of symptoms will be slower. orrhages are essentially the same: they can act as
The second most important cause of traumatic intra- space-occupying lesions compressing the brain and,
cranial haemorrhage is damage to the communicating as discussed below, and at their most severe, can cause
veins as they cross the (potential) ‘subdural space’, caus- internal herniation (e.g., through the tentorium cer-
ing subdural haemorrhage (Figure 10.7). This venous ebelli, or the foramen magnum – ‘coning’). There may
damage is not necessarily associated with fractures of also be resultant traumatic brain contusion and swell-
the skull. In many instances, particularly in the very ing, which compounds the clinical deterioration and
young and the very old, there may be no apparent pre- can hasten a fatal outcome in the absence of medical
vious history or evidence of any trauma to the head. and neurosurgical intervention.
These venous injuries are associated with rotational or
shearing forces that cause the brain to move relative to Traumatic subarachnoid haemorrhage
the inner surface of the skull; this motion is thought to Small areas of subarachnoid haemorrhage are common
stretch the thin-walled veins, causing them to rupture. where there has been direct trauma to the brain, either
The venous bleeding lies in the subdural space. Recent from an intrusive injury, such as a depressed skull frac-
subdural haemorrhages are dark red in colour and shiny, ture, or from movement of the brain against the inner
Head injuries 153
(a) (a)
Fracture line Skull
Skull Dura
Dura Arachnoid
Pia and brain
Meningeal artery surface
Dura sinus
Haematoma Ruptured bridging vein
Haematoma
(b) (b)
Figure 10.6 Extradural haemorrhage. Schematic repre- Most basal subarachnoid haemorrhages are non-
sentation (a) of the formation of an extradural haemor- traumatic in origin and arise from the spontaneous
rhage and autopsy appearance (b) of a large right-sided, rupture of a berry aneurysm of one of the arteries in the
temporoparietal, extradural haemorrhage associated circle of Willis. In the deceased, particular care must be
with deep scalp bruising at the site of impact. There taken to exclude this natural cause, and special autopsy
was a linear skull fracture on the right passing through dissection techniques are required to evaluate the
the middle meningeal artery. (Reproduced with permis- integrity of the vertebral arteries.
sion from Saukko P and Knight B. Knight’s Pathology 4E,
London, CRC Press, 2016.)
Midliner shift if
oedema is unilateral
Figure 10.10 (a) Schematic representation of the effects of brain swelling and ‘internal herniation’ caused by raised
intracranial pressure. (b) Transtentorial herniation in brain trauma. Compression of the medial temporal lobes against
the tentorium edges has caused bilateral haemorrhagic necrosis (arrows). Haemorrhagic infarcts in the left temporal
lobe (asterix) followed compression of the left posterior cerebral artery, and there is slight midline shift to the right (of
the vertical white line).
Head injuries 155
Axonal injury
The terminology of axonal injury is in flux. However, dif-
fuse axonal injury (DAI) is one of the most common and
important pathological features of TBI. Neuronal axons Figure 10.11 Microscopy of axonal injury. The immunohis-
in the white matter of the brain appear to be particu- tochemical staining of β-amyloid precursor protein (β-APP)
larly vulnerable to injury due to mechanical loading of demonstrates axonal injury in white matter (corpus cal-
the brain during, for example, blunt impact head injury. losum). Discrete axonal swellings and ‘axonal retraction
Traumatic DAI has been found in all severities of TBI bulbs’ can be visualised following traumatic brain injury if
and is even thought to underlie concussion associated the injured person survived for some hours after sustain-
with mild head injury. The transmission of mechani- ing their head injury. (Courtesy of Richard Jones.)
cal energy following blunt impact head injury, which
may be accompanied by rotational head movement phenomena including hypoxia-ischaemia (Figure 10.11).
and acceleration/deceleration forces, damages axonal Progressive axonal injury, resulting in the formation of
processes. Traumatic DAI encompasses mechanical axonal retraction ‘bulbs’, can easily be recognised by
disruption of axonal cytoskeletal components as well silver staining techniques after some 12 hours following
as subsequent physiological abnormalities that follow axonal injury, and subsequently on routine haematoxylin
disturbances of function. The clinical manifestation of and eosin (H&E) staining.
DAI ranges from confusion and concussion to cognitive It has been recognised for many decades that some
dysfunction and persistent coma. Recent research has boxers developed the disabling progressive neurode-
highlighted links between TBI and the development of generative ‘punch drunk syndrome’ (called dementia
neurodegenerative disorders – such as Alzheimer’s dis- pugilistica). Repetitive mild TBI led to the abnormal
ease – later in life. accumulation of another protein in the brain – tau – and
When the brain is subjected to the forces described recent research has identified neurofibrillary tangles
above, traumatic injury to axons within the brain sub- and neuropil threads containing this protein in distri-
stance can occur as a consequence of ‘shearing’ effects butions different to those seen in other neurodegen-
because of the differential movement of the various com- erative diseases, prompting the description of a new
ponents of the brain which move in different ways, or at entity – Chronic Traumatic Encephalopathy (CTE). CTE
different speeds, relative to each other. This shearing can has been described in the brains of American Football
cause contusions and lacerations deep within the sub- players, military personnel exposed to explosive blasts
stance of the brain, and differential movement of com- and, most recently, soccer players (from ‘heading the
ponents of the brain results in damage at the interface football’).
between those structures.
The shearing effects are also identifiable on micros-
copy, where damage to axons can be visualised with the Coup and contrecoup injuries
aid of special staining techniques. These changes have A coup injury to the brain is one that occurs at the site of
been termed traumatic axonal injury which, when pres- primary impact, when deformation of the skull contacts
ent at multiple sites throughout vulnerable areas of the the underlying brain. The site of scalp injury will gener-
cerebral hemispheres and brain-stem, may be described ally approximate the site of brain injury. Such a coup
as diffuse traumatic axonal injury. Axonal injury takes injury to the brain is often represented by localised sub-
a variable time to develop, or at least to become appar- arachnoid haemorrhage and cortical surface contusion
ent under the microscope, and in cases of immediate or with, or without, laceration.
very rapid death following brain injury the microscopic In a ‘moving head injury’, such as might be expe-
changes may not be identifiable. β-amyloid precursor rienced following a fall onto the back of the head, for
protein (β-APP) takes part in the axoplasmic transport example, impact causes the skull to stop moving sud-
system and accumulates at sites of interruption of axo- denly, while movement of the brain continues momen-
plasmic flow. Where there has been survival for sev- tarily before also stopping. As a consequence of such
eral hours, immunohistochemical staining for β-APP relative movement, and the effects of deceleration
may identify injured axons, although interpretation of forces acting on the skull and the cranial contents, a
such staining may be problematic, given that this stain distinctive pattern of head/brain injury can be recog-
also highlights axonal injury caused by non-traumatic nised (Figure 10.12a and b).
156 Regional injuries and p
atterns of injury
(a)
Scalp injury
(fracture)
brain damage
(b)
May suffer
secondary fracture
Figure 10.13 Contrecoup contusions on the inferior-
Temporal and surface of the brain. (Courtesy of Richard Jones.)
frontal contusion
presence of arterial injury capable of explaining blood estimated by bystanders. Sometimes the spinal injuries
patterns such as ‘arterial spray’ or ‘arterial rain’ at the are more subtle and at post mortem it is only after care-
scene of a suspicious death and venous injury raising ful dissection that damage to the upper cervical spine
the possibility of death having been caused by cardiac and, in particular, disruption of the atlanto-occipital
air embolism. joint will be revealed.
The application of pressure to the neck, whether it For the survivors of trauma, spinal injuries may have
be manual or by means of a ligature, and the pattern of some of the most crucial long-term effects because the
injury seen in such a scenario, is considered separately spinal cord is contained within the spinal canal and
in Chapter 11. there is little, if any, room for movement of the canal
before the cord is damaged. The sequelae of spinal
damage will depend upon the exact anatomical site and
Spinal injuries mechanism of injury.
The spine is a complex structure with interlocking but The type of injury to the spine will depend upon
mobile components often described as having anterior, the degree of force and the angle at which the spine is
middle and posterior ‘sub-columns’. Damage to one of struck. A column is extremely strong in compression
the sub-columns is unlikely to result in instability: if and, unless the force applied is so severe that the base
the middle column is damaged then the likelihood of of the skull is fractured, vertically applied forces will
instability, neural damage is increased, and if all three generally result in little damage if the spine is straight.
columns are involved then fracture-dislocations and Angulation of the spine will alter the transmission of
spinal cord damage is expected. The spine is designed to force and will make the spine much more susceptible to
flex to a great extent but lateral movement and extension injury, particularly at the site of the angulation.
are more limited. The spine is very commonly injured Force applied to the spine may result in damage to
in major trauma such as road traffic collisions or falls the discs or to the vertebral bodies. The other major
from a height, and severe injury with discontinuity is components of the vertebrae – the neural arches and the
easily identified. The history of the event (e.g., the height transverse processes – are more likely to be injured if the
fall distance) is often very important in predicting the direction of the force of the trauma is not aligned with the
potential injury patterns, but distances may be poorly spine.
158 Regional injuries and p
atterns of injury
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11 Pressure to the neck
and asphyxia deaths
▪▪ Introduction ▪▪ Obstruction or occlusion of the airways
▪▪ Classification of asphyxia ▪▪ Pressure to the chest or abdomen
▪▪ Phases and signs of ‘asphyxia’ ▪▪ Bibliography and information sources
▪▪ Types of mechanical asphyxial mechanisms ▪▪ Further general resources
Suffocation (a broad term encompassing Strangulation (asphyxia by closure Mechanical asphyxia (asphyxia by Drowning (asphyxia by
asphyxia due to vitiated atmosphere and of the blood vessels and/or air restriction of respiratory movements immersion in a liquid)
smothering associated with deprivation passages of the neck as a result of either by position of the body or external
of oxygen) external pressure on the neck) chest compression)
Figure 11.1 Classification of asphyxia in forensic contexts. (Adapted from Sauvageau A, Boghossian E. 2010,
Classification of asphyxia: the need for standardisation.)
Asphyxia
Failure in supply of Failure to transfer oxygen Failure of transport of oxygen Failure of cells to take up Complex cases/
adequate amounts of from the environment into due to a breakdown in supply oxygen (e.g., cyanide combined mechanisms
oxygen (e.g., due to the blood (e.g., external/ or uptake, or a problem with impeding cellular utilisation (e.g., drowning and
displacement of internal obstruction in blood flow due to local vascular of oxygen by damaging hanging: combined
environmental oxygen by smothering, choking and compression reducing cerebral enzyme systems - chemical venoarterial occlusion,
other gases; consumption hanging; extrinsic/intrinsic blood flow (e.g., hanging and asphyxia) upper airway
of oxygen without compromise of thoracic cage strangulation) obstruction from lifting
replacement; confinement function in mechanical/ of the tongue, and
in sewers etc.) traumatic asphyxia or chest tracheal compression
wall trauma; and reduced etc.)
oxygen binding capacity of
the blood in carbon monoxide
toxicity)
Figure 11.2 Classification of asphyxia by pathophysiological mechanism. (Adapted from Byard 2011, Commentary on
Sauvageau.)
164 Pressure to the neck and asphyxia deaths
(a)
Impermeable plastic
(b)
Irrespirable atmosphere
Blocked
Smothering pad
pharynx or glottis
Manual strangulation
Ligature
strangulation Blocked trachea
Inverted
posture
Pressure on chest
(c) (d)
(e)
Research into the pathophysiology of asphyxia con- • Congestion and oedema of the face.
tinues, and has been assisted by attempts to analyse • Cyanosis (blue discolouration) of the skin of the
the sequence of events depicted in documented filmed face.
recordings made by individuals who have hung them- • Right heart congestion and abnormal fluidity of
selves. Agonal sequences of movements have been the blood.
described, together with timings of their appearance
(see Table 11.2). However, none of these signs is specific to ‘asphyxia’
The ‘classic signs of asphyxia’ were traditionally (however defined). Ambroise Tardieu was convinced that
described as: petechiae (Tardieu spots) were pathognomonic of suffo-
cation, but they are not. They may be frequently seen, for
• Petechial haemorrhages in the skin of the face and example, in those dying from congestive cardiac failure
in the lining of the eyelids. deaths. Raised intravascular pressure in blood vessels
Phases and signs of ‘asphyxia’ 165
the absence of pressure applied to the neck, can breath- The external signs of manual strangulation (Figure 11.7)
hold in static apnoea settings for more than 10 minutes. can include bruises and abrasions on the front and sides
Historic animal experiments indicated the potential for of the neck, and the lower jaw; the pattern of skin sur-
their survival up to 14 minutes following obstructive face injuries is often difficult to interpret because of the
asphyxiation. dynamic nature of an assault, and the possibility of the
repeated re-application of pressure during strangula-
tion. These signs are often florid in the survivor and may
Strangulation be more pronounced in the fatality where death has not
Manual strangulation is used to describe the applica- been immediate. It is generally not possible to reliably
tion of pressure to the neck using the hands (although determine which of an assailant’s hands caused a par-
some would add forearms/limbs), and is a relatively ticular set of injuries or how much pressure must have
common mode of homicide, particularly where there is been exerted by an assailant during the process of stran-
disparity between the sizes of the assailant and victim. gulation based on the injury pattern (as was illustrated
168 Pressure to the neck and asphyxia deaths
Petechiae
Ear bleed
Congestion
Nose bleed
Petechiae
Bruises, abrasions
and fingernail marks
Ligature mark
Paler skin below neck
Figure 11.7 Potential signs of strangulation when cardiac arrest is delayed and circulation persists.
in the ‘Barleycorn Public House Murder’, described in level of the constricting ligature, and there is usually a
Box 11.3). Bruises caused by fingertip pressure (rounded ligature mark on the neck at the site of constriction. This
or oval-shaped bruises up to approximately 2 cm in size) mark may be formed by a combination of compression
and fingernail scratches (linear or crescent-shaped and abrasion of the skin, and often reflects the nature
abrasions, imprints or skin breaches) may be seen, the of the ligature itself, sometimes replicating the pattern
latter being made either by the assailant or the victim of the ligature. Precise documentation (including mea-
(Figure 11.8). surement and scaled photography) of any pattern visible
Ligature strangulation may be homicidal, suicidal within a ligature mark, may enable comparison to be
or accidental and involves the application of pressure made with putative ligature in that case at a future date.
to the neck by an item capable of constricting the neck, Ligatures that are wide, or of a soft, non-abrasive mate-
for example, a scarf, a neck-tie, a belt, a pair of tights, or rial, however, may leave very little evidence of compres-
cable tie (Figure 11.9). There is frequently a clear demar- sion on the skin of the neck, or even injury to underlying
cation of congestion, cyanosis and petechiae above the structures, because of pressure dispersal.
Hanging
Figure 11.10 Layered in situ dissection of the anterior neck Hanging describes suspension of the body by the neck.
structures is essential in order to evaluate injuries follow- Any material capable of forming a ligature can be used
ing pressure to the neck. Such dissection must be carried for hanging. The pressure of the ligature on the neck is
out following ‘drainage’ or ‘decompression’ of the blood produced by the weight of the body; it is not necessary
vessels in the neck to avoid artefactual haemorrhage. for the body to be completely suspended, with the feet
Figure 11.13 Partial parchmented ligature mark with • Evidence of solo sexual activity.
sparing to left side of neck at site of suspension. • Private or secure location.
172 Pressure to the neck and asphyxia deaths
(b)
Geserick G, Krocker K, Wirth I. Tardieu’s spots and asphyxia: a litera- Reay DT, Eisele JW. Death from law enforcement neck holds. Am
ture study. Article in German. Arch Kriminol 2010;226(5–6): J Forensic Med Pathol 1982;3:253–258.
145–160. Rose A. Chapter 15. In: Lethal Witness. Gloucestershire: Sutton
Gill JR, Ely SF, Hua Z. Environmental gas displacement: three Publishing; 2007.
accidental deaths in the work place. Am J Forensic Med Pathol Rossen R, Kabat H, Anderson JP. Acute arrest of cerebral circula-
2002;23:26–30. tion in man. Arch Neurol Psychiatry 1943;50:510–528.
Gilson T, Parks BO, Porterfield CM. Suicide with inert gases. Am J Sauvageau A, Boghossian E. Classification of asphyxia: the need
Forensic Med Pathol 2003;24:306–308. for standardization. J Forensic Sci 2010;55:1259–1267.
Greenwood RJ, Dupler DA. Death following carotid sinus pres- Sauvageau A, Laharpe R, King D, et al. Agonal sequences in 14
sure. J Am Med Assoc 1962;181:605–609. filmed hangings with comments on the role of the type of
Härm T, Rajs J. Types of injuries and interrelated conditions of suspension, ischaemic habituation, and ethanol intoxication
victims and assailants in attempted and homicidal strangula- on the timing of agonal sequences. Am J Forensic Med Pathol
tion. Forensic Sci Int 1981;18:101–103. 2011;32:104–107.
Hlavaty L, Sung L. Strangulation and its role in multiple causes of Sauvageau A. Current reports on autoerotic deaths: five persis-
death. Am J Forensic Med Pathol 2017;38(4):283–288. tent myths. Curr Psychiatry Rep 2014;16:430.
Hillsborough Independent Panel. The report of the Hillsborough Schmunk GA, Kaplan JA. Asphyxial deaths caused by automo-
Independent Panel. HMSO. https://assets.publishing.service. bile exhaust inhalation not attributable to carbon monoxide
gov.uk/government/uploads/system/uploads/attachment_ toxicity: study of 2 cases. Am J Forensic Med Pathol 2002;23:
data/file/229038/0581.pdf (Accessed 30 April 2019). 123–126.
Humble JG. The mechanism of petechial haemorrhage forma- Schrag B, Vaucher P, Bollmann MD, Mangin P. Death caused by
tion. Blood 1949;4:69–75. cardioinhibitory reflex cardiac arrest: a systematic review of
Ikeda T, Tani N, Aoki Y, et al. Effects of postmortem positional cases. Forensic Sci Int 2011;207:77–83.
changes on conjunctival petechiae. Forensic Sci Med Pathol Schrag B, Mangin P, Vaucher P, Bollmann MD. Death caused by
2019;15(1):13–22. cardioinhibitory reflex: what experts believe. Am J Forensic
Jones R. Complexity in forensic pathology. Forensic Sci Int Med Pathol 2012;33:8–12.
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Khokhlov VD. Pressure on the neck calculated for any point along 2007;74:386–391.
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of conjunctival petechiae. Forensic Sci Int 2005;147:25–29. community. Am J Forensic Med Pathol 2010;31(4):320–325.
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12 Heat, cold and electrical
trauma
▪▪ Introduction ▪▪ Electrical injury
▪▪ Injury caused by heat ▪▪ Bibliography and information sources
▪▪ Cold injury (hypothermia) ▪▪ Further general resources
Scalds
The general features of scalds are similar to those of
burns, with erythema and blistering, but charring
of the skin is only found when the liquid applied is
extremely hot, for example, with molten metal. The
Figure 12.1 The extensiveness of burns on a body recov-
pattern of scalding will depend upon the way in which
ered from a fire may be varied. This individual had sec-
the body has been exposed to the fluid: immersion
ond and third degree burns after dousing himself with
into hot liquid results in an upper ‘fluid level’, whereas
petrol before setting himself on fire (self-immolation).
poured, splashed or scattered droplets of liquid result
Note the molten and singed hair, carboxyhaemoglobin
in scattered punctate areas of scalding. Runs or streams
levels may be low in rapid flash petrol fires leading to dif-
of hot fluid will leave characteristic areas of scalding.
ficulties in assessing vitality at the time of the fire.
These will generally flow under the influence of grav-
ity and this can provide a marker to the orientation or
broken down into 18% for anterior components and 18% position of the victim at the time the fluid was moving
for the back. The anterior aspect of the trunk can further (Figure 12.4). This may be useful for corroboration when
be divided into chest (9%) and abdomen (9%). The upper two different accounts of how the injury was sustained
extremities total 18% and thus 9% for each upper extrem- are given.
ity. Each upper extremity can further be divided into If only small quantities of hot liquid hit the skin,
anterior (4.5%) and posterior (4.5%). The lower extremities cooling will be rapid, which will reduce the amount of
9% xxxx
A A Simple erythema
1
1
Partial thickness loss
Front 18% (PTL)
13 13 Full thickness loss
Back 18% (FTL)
2 2 2 2
%
1½ 1½ 1½ 1½
Region PTL FTL
9% 9% Head
1 2½ 2½
1½ 1½ 1½ 1½
Neck
B B B B Ant. trunk
Post. trunk
1% Right arm
Left arm
C
Buttocks
C C C
18% 18% Genitalia
Right leg
1¾ 1¾
Left leg
1¾ 1¾
Total burn
Figure 12.2 (a) The ‘Rule of Nines’. (b) Lund and Browder Burns Chart.
damage done to the skin. However, if clothing is soaked in toddlers who pull kettles and saucepans down upon
by hot fluid, the underlying skin may be badly affected, themselves by grabbing the handle of the vessel.
as the fabric will retain the hot liquid against the skin Scalds are also seen in child physical abuse and are
surface. Scalding is seen typically in industrial settings the most common intentional thermal injury in chil-
where steam pipes or boilers burst. It may also be seen dren. In a systematic review of the medical literature,
several characteristics of the history and burn injury
were associated with a significantly higher perceived
likelihood of abuse, including children with reported
inflicted injury, absent or inadequate explanation,
hot water as agent, immersion scald, a bilateral/sym-
metric burn pattern, TBSA ≥10%, full thickness burns,
and concurrent injuries. Accidental scalds (e.g., from
hot beverages/liquids being pulled off a cooker) are
predominantly spill injuries from flowing liquid, char-
acterised by scalds with irregular margins and burn
Exposure to heat/hyperthermia
Hyperthermia, a condition where the core body tem-
perature is greater than 40°C (100°F), occurs when heat
is no longer effectively dissipated, leading to exces-
sive heat retention. Its development may be associated
with those who have taken prescribed drugs including
some anti-psychotics and those who have taken illicit
stimulants including cocaine and amphetamine and
some novel psychoactive substances. These appear to
elevate metabolic rate/heat production or reduce sweat-
ing. It may also occur in those with medical conditions
(e.g., hyperthyroidism), or in those who are resisting
restraint. It may occur in those exposed to high ambi-
ent temperatures (heat stroke) and has a high risk of
mortality or morbidity, which can occur in the young
and fit (exertional heat stroke) as well as the elderly and
(c)
infirm (non-exertional heat stroke). Other examples
may include children trapped in hot cars. Exertional
heat illness is recognised within military training pro-
grammes. Autopsy findings in such cases are non-spe-
cific but can include diffuse petechial haemorrhages of
serosal membranes and lung congestion as well as fea-
tures in keeping with ‘shock’ and multiple organ failure
in those who survive for a short period, if resuscitative
measures are ineffective.
(a)
Children have a high body surface-to-weight ratio necrosis following microvascular injury and thrombo-
and lose heat rapidly. In some cases of deliberate neglect sis (Figure 12.17).
or careless family circumstances, infants may be left in Hypothermia may cause behavioural abnormali-
unheated rooms in winter and suffer hypothermia. ties that can lead to death-scene findings that appear
In an unrefrigerated body, the finding of indistinct suspicious. Paradoxical undressing is a phenomenon
red or purple skin discolouration over large joints, that describes the finding of partially clothed, or naked,
such as the elbows, hips or knees (and in areas of skin individuals in a setting of lethal hypothermia. The
in which such discolouration cannot be hypostasis)
raises the possibility of hypothermia and is found in
approximately 50 per cent of presumed hypothermia (a)
deaths (Figure 12.15). The nature of such discoloura-
tion (‘frost erythema’) is not completely understood,
but may reflect capillary damage and plasma leakage;
microscopy reveals no red blood cell extravasation, dis-
tinguishing it from bruising.
Classically, haemorrhagic gastric lesions (Wisch
newsky spots) may be seen in hypothermia deaths. It
has been hypothesised that cooling of the body in the
setting of cold ambient temperatures primarily leads
to circumscribed haemorrhages of the gastric glands
in vivo or in the agonal period. Subsequently, due to
autolysis, erythrocytes are destroyed and haemoglobin
is released. Following exposure to gastric acid, haemo- (b)
globin is hematinised, leading to the typical blackish-
brownish appearance of Wischnewsky spots seen at
gross examination (Figure 12.16). Like Tardieu spots
and asphyxia, Wischnewsky spots are not specific to
hypothermia as they are identical to those lesions seen
in some deaths following sepsis and shock, as well as in
cases of alcohol misuse.
Other gastrointestinal lesions sometimes found in
deaths caused by hypothermia include haemorrhagic
erosions and infarction in the small bowel (because of Figure 12.15 (a) Pinkish discolouration over the large
red blood cell ‘sludging’ and submucosal thrombosis), joints in fatal hypothermia. (b) When a partially-clothed
and haemorrhagic pancreatitis with fat necrosis. body is found outdoors, caution is needed in order
Cold injury to the extremities may be severe enough to exclude foul play. This scene, however, illustrates
to cause frostbite, which reflects tissue injury that hypothermia-related disrobing (‘paradoxical undressing’)
varies in severity from erythema to infarction and and the so-called ‘hide and die’ phenomenon.
Electrical injury 187
Pale zone
Metal Collapsed blister
with raised edge
and pale areola
240 V
(b)
Pale areola
Fused nodule
Spark of keratin
240 V
Figure 12.20 Thigh of a victim showing high-voltage
Figure 12.18 Electrical mark on the skin: collapsed blister burns. The appearance is sometimes called ‘crocodile
formation following firm contact (a) and a ‘spark burn’ skin’ and is caused by arcing of the current over a consid-
across an air gap (b). erable distance.
Bibliography and information sources 189
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13 Immersion and drowning
Post mortem artefact and fragments/limbs may become detached and lost due to
decomposition and movement of the body in water.
immersion
Bodies immersed in water may be subject to movement
from tidal flow, wind and waves and come into con- Pathological diagnosis of drowning
tact with sand/silt, rocks, piers and other underwater Pathophysiology of drowning
objects, all of which cause injury to the skin and under-
lying structures (Figure 13.3). Specific injury patterns Drowning is a complex phenomenon embracing a range
may be identified. For example, contact of a body with of psychological, physical, clinical and pathological
moving propeller blades classically leads to deep ‘chop’ mechanisms. Some of these relate to the upper airway
wounds and/or lacerations and sometimes traumatic being out of the water, and others relate to the upper
amputation. Artefactual post mortem injuries produced airway being underwater. Immersion in water causes
in such circumstances must be differentiated from ante an interplay between cardiorespiratory responses to
mortem injuries suggestive of assault. skin and deep body temperature, including cold shock,
Other artefactual injuries characterised by immer- physical incapacitation, and hypovolaemia, as precur-
sion include damage to the body by marine life (e.g., sors of collapse and submersion. These are combined
shark, alligators, fish, crustaceans, molluscs and insects; with the diving response, autonomic processes, fear of
Figure 13.4). As the post mortem interval increases, drowning, upper airway reflexes, water aspiration and
swallowing, emesis, and electrolyte disorders. The out-
come is determined by a mixture of cardiac, pulmonary,
and neurological insults. Regardless of the composition
of water/fluid, drowning, the process of experiencing
respiratory impairment from submersion in a liquid,
may also result in pulmonary surfactant insufficiency/
damage, pulmonary oedema, alveolitis, hypoxaemia
and metabolic acidosis. In addition, as the popularity of
water-based sports advances, specific conditions such
as swimming-induced pulmonary oedema are being
recognised.
As time in cold water continues, so does the likelihood
of hypothermia (core body temperature <35°C). As hypo-
thermia develops, cognitive function becomes impaired
Figure 13.3 Post mortem injuries predominantly to the increasing the risks of (1) poor decision-making and (2)
back of the hand of a body recovered from a shallow aspiration of water.
river. Such injuries are likely to have been caused by Drowning reflects a combination of the physical
contact against the river bed. presence of water within the respiratory system (caus-
ing a mechanical asphyxia) and fluid and electrolyte
changes which vary according to the medium (sea vs
fresh water) in which immersion has occurred.
Fresh water is hypotonic compared with blood plasma
and, when inhaled, is rapidly absorbed into the blood-
stream, causing transient (but probably clinically irrel-
evant) electrolyte dilution and hypervolaemia. It results
in alveolar collapse/atelectasis because of changes in
the surface tension properties of pulmonary surfactant,
resulting in intrapulmonary (left to right) shunts.
Seawater is generally three times more hyperosmolar
than blood plasma, and following inhalation the hyper-
osmotic seawater can result in serious effects to the
lung and alveoli. These effects may be predominantly
categorised into insufficiency of pulmonary surfactant,
blood–air barrier disruption, inflammation, oxidative
Figure 13.4 Post mortem injuries caused by marine stress, autophagy and apoptosis. Aspiration of fresh or
creature predation. This body was recovered from the sea water therefore leads to systemic hypoxaemia caus-
sea and the circular skin defects are likely to have been ing myocardial depression, reflex pulmonary vasocon-
caused by crustaceans such as crabs. striction and altered pulmonary capillary permeability,
194 Immersion and drowning
increasing the likelihood of the development of a fatal Co-stimulation of both diving and cold shock
arrhythmia. Cardiac arrest has also been documented responses may precipitate arrhythmias including atrial
following entry of water into the nose. fibrillation and those associated with drug-induced pro-
The cold shock response, which is initiated by periph- longed QT intervals.
eral subcutaneous receptors, causes respiratory effects
(inspiratory gasp and uncontrolled hyperventilation, The role of alcohol and drugs in
respiratory alkalosis and cerebral hypoxia) and cardio-
vascular effects (tachycardia, increased cardiac output, drowning
hypertension and ‘heart strain’ potentially leading to Alcohol and drugs are often frequently found in the
cardiac irritability and ventricular fibrillation), which blood of drowning victims and their contribution to the
appear temperature dependent. death may be difficult to determine. but there is a strong
association between substance use and ‘fall-related’ determining if a body recovered in water was due to
cases; concussive head injuries may be exacerbated by drowning or not. In particular, a diatom database of the
alcohol, with immersion/submersion contributing to a rivers, seas, and lakes is essential as is collection of a
fatal outcome. Vasodilation from alcohol and other sub- water sample from the putative site of drowning to allow
stances may initiate and worsen hypothermia. The use a rigorous comparison of the diatom species in water
of alcohol and drugs may encourage risk-taking behav- and biological samples. It must be emphasised however
iour. Additionally, a person intoxicated through alcohol that the interpretation of diatom testing remains con-
(or other drugs) has a reduced ability to respond appro- troversial, as diatoms have been found to be ubiquitous
priately and may be hampered by confusion, ataxia and in food and the environment, have been found in non-
incoordination as a direct result of the substance use. drowning deaths and have been absent in confirmed
cases of drowning. The use of diatomology in the foren-
sic diagnosis of drowning must currently be used with
Other investigations in bodies caution and in the light of available evidence, but may
recovered from water be useful to corroborate other findings.
Strontium (Sr) concentration in tooth samples has
been used for the diagnosis of seawater drowning, and
research continues on this. Although there are no other
Bibliography and information
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Copeland AR. An assessment of lung weights in drowning cases:
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fresh water, and have a siliceous capsule that survives sion: neural pathways, interactions, and clinical consequences
acid digestion in the laboratory (Figure 13.7). The pres- awake and asleep. J Appl Physiol 2006;100:2057–2064.
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and bone marrow is considered by some to be sup- analysis of strontium in human teeth by laser-induced break-
down spectroscopy: application to diagnosis of seawater
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drowning. Int J Legal Med 2015;129(4):807–813.
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Golden FS, Tipton MJ, Scott RC. Immersion, near drowning and
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Further general resources 197
Kenny D, Martin R. Drowning and sudden cardiac death. Arch Dis Royal College of Pathologists. Guidelines on Autopsy Practice:
Child 2011;96:5–8. Autopsy for Bodies Recovered from Water. London: RCP, 2018.
Lee DH, Park JH, Choi SP, et al. Clinical characteristics of elderly Rutty GN, Bradley CJ, Biggs MJ, et al. Detection of bacterioplank-
drowning patients. Am J Emerg Med 2018;37(6):1091–1095. ton using PCR probes as a diagnostic indicator for drowning:
Lukaszyk C, Mittal S, Gupta M, et al. The impact and understand- the Leicester experience. Leg Med (Tokyo) 2015;17(5):401–408.
ing of childhood drowning by a community in West Bengal, Sarode GS, Sarode SC, Choudhary S, et al. Dental records of
India, and the suggested preventive measures. J Acta Paediatr forensic odontological importance: maintenance pattern
2019;108(4):731–739. among dental practitioners of Pune city. J Forensic Dent Sci
Lunetta P. Autopsy findings: drowning and submersion deaths. 2017;9(1):48.
In: Payne-James JJ, Byard RW (eds). Encylopedia of Forensic and Saukko P, Knight B. Immersion deaths. In: Knight’s Forensic
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Press, 2005, 315–322. Smith R, Ormerod JOM, Sabharwal N, Kipps C. Swimming-
Lunetta P, Penttila A, Sajantila A. Circumstances and macropatho- induced pulmonary edema: current perspectives. Open
logic findings in 1590 consecutive cases of bodies found in Access J Sports Med 2018;9:131–137.
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Epidemiol 2004;33:1053–1063. Unexplained drowning and the cardiac channelopathies: a
Modell JH, Davis JH. Electrolyte changes in human drowning molecular autopsy series. Mayo Clin Proc 2011;86:941–947.
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Morild I. Pleural effusion in drowning. Am J Forensic Med Pathol Tse R, Garland J, Kesha K, et al. Combining postmortem vitreous
1995;16:253–256. sodium and chloride and lung-body ratio in aiding the
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Pathol 2012;8(4):395–401. 2018;39(3):229–235.
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school holidays and unintentional fatal drowning among Williams VF, Oh GT, Stahlman S. Update: Accidental drownings
children and adolescents aged 5–17 years. J Paediatr Child and near drownings, active component, U.S. Armed Forces,
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Further general resources
Reijnen G, van de Westeringh M, Buster MC, et al. Epidemiological Payne-James JJ, Byard RW. Encyclopedia of Forensic and Legal
aspects of drowning and non-fatal drowning in the waters of Medicine. Oxford: Elsevier; 2016.
Amsterdam. J Forensic Leg Med 2018;58:78–81.
14 Identification of the living
and the dead
▪▪ Introduction ▪▪ Age estimation in the living
▪▪ Methods of identification ▪▪ Bibliography and information sources
▪▪ Identity of decomposed or skeletalised remains ▪▪ Further general resources
▪▪ Mass disasters
photographs and location. Additional techniques such elements of forensic science) that the use of DNA should
as gait analysis or facial profiling from CCTV can be use- be considered as another piece of the jigsaw in the over-
ful when other features cannot be used, although their all puzzle of solving crime and identifying unknown
accuracy is less consistent. individuals.
Comparison of DNA profiles with assumed or known
family members or against known databases can ensure
DNA profiling a person’s identity is established. If these comparisons
The specificity of individual DNA profiles means that cannot be done, other tests must be used.
from a statistical point of view it can be considered spe- As forensic DNA analysis continues to progress,
cific to any given individual. identifying, extracting and amplifying smaller and
The molecule of DNA has two strands of sugar and smaller amounts of genetic material, so the risks of
phosphate molecules that are linked by combinations contamination from other sources increase. Crime
of four bases, adenine, thymine, cytosine and gua- and mass disaster scenes have great potential for cross
nine, forming a double helix structure. Only about 10 contamination and standard operating procedures to
per cent of the molecule is used for genetic coding (the avoid contamination must always be in place to mini-
active genes), the remainder being ‘silent’. In these mise this risk. Appropriate protective clothing must be
silent zones, there are between 200 and 14,000 repeats worn to prevent the investigators obscuring any rel-
of identical sequences of the four bases. Sir Alec Jeffreys evant DNA by their own material being inadvertently
found that adjacent sequences were constant for a shed from exposed skin, or by sneezing, or perhaps
given individual and that they were transmitted, like even by touching. In many jurisdictions, it is now a
blood groups, from the DNA of each parent. The statis- requirement for all those involved in the identification,
tical analysis of DNA identification is extremely com- collection and analysis of samples to provide exclusion
plex and it is important that any calculations are based DNA samples in the same way as exclusion fingerprints
upon the DNA characteristics of a relevant population were once provided.
and not upon the characteristics of a ‘standard’ popu-
lation somewhere else in the world. Forensic genetics Examination of dental structures
developed from protein-based techniques and brought Forensic odontology is one of the most important
with it the term ‘DNA fingerprinting’, this being based specialties available to establish or confirm identity
on restriction fragment length polymorphisms (RFLPs) of unknown bodies whether in isolation, after terror-
of high-molecular-weight DNA. Development of ana- ist events, in mass graves or after natural disasters.
lytical techniques resulted such as the amplification The success of such identification is very dependent
of much smaller short tandem repeat (STR) sequences on access to ante mortem records from general den-
using the polymerase chain reaction (PCR) which soon tal practitioners. Pre-existing (ante mortem) dental
replaced RFLP analysis and became standard in genetic records and charts and radiographic images can be
identification. STR multiplexes are now available which compared with examination of the dentition of the
simultaneously amplify up to 30 STR loci from as little as deceased (Figure 14.1). If these are not immediately
15 cells or fewer. The huge volume of information asso- available an odontologist will construct dental charts
ciated with the great range of observed STR genotypes of bodies whose identity remains unknown or uncon-
allows for genetic individualisation (with the exception firmed despite a police investigation, so that, should
of identical twins). dental information become available at a later date,
Unlike before, there is now no need to match blood the two sets of records may be then be compared. The
with blood, and semen with semen, as all the DNA in essence of the identification by dentition is compari-
one individual’s body must of necessity be identical. son. This implies that the dental chart has to be com-
Buccal swabbing permits simple sampling of a sus- pared with, and found to match, a chart whose origins
pect. A suspect in any crime leaving cells or biological are known (Figure 14.2). Unfortunately, studies suggest
fluids at a scene leaves proof of their presence at the that the recording of accurate dental charts by general
scene. The continued ability to analyse smaller and dental practitioners is sometimes inadequate.
smaller amounts of DNA and to recover and analyse The forensic odontologist is of prime importance in
historical samples means that many old crimes can mass disasters where trauma is likely to make visual
be investigated (or reinvestigated) and there is now a identification impossible. The great advantage of den-
considerable number of individuals being found guilty tal identification is that the teeth are the hardest and
of a crime decades later as a result of DNA advances. most resistant tissues in the body and can survive total
Additionally, and some might argue more impor- decomposition and even severe fire, short of actual cre-
tantly, there is a considerable body of those who were mation and thus DNA samples (e.g., from teeth pulp)
incorrectly convicted, being exonerated, as a result of which can be collected by the forensic odontologist can
these newer techniques. It is important (as with most be stored for future analysis (Figure 14.3).
200 Identification of the living and the dead
Figure 14.1 Identification from the teeth: post mortem X-rays (outlined in red) are compared with ante m ortem radi-
ography which, in this case shows a good match. (From Saukko P, Knight B. Knight’s Forensic Pathology. 4th ed. Boca
Raton: CRC Press, 2016 [Fig. 26.8].)
(a)
(b)
Figure 14.4 Preserving fire-damaged teeth at the scene. A forensic odontologist applies cold cure acrylic liquid to
teeth (a), which sets and helps protect the teeth during transportation to the mortuary (b).
Box 14.2 Issues arising following the discovery of apparently human remains
Are the remains actually bones? What was the age of the person at death?
Sometimes objects such as stones, plastic models or This will require a multiprofessional approach utilising
even pieces of wood are mistaken by the public or the skills of the forensic pathologist, anthropologist,
police for bones: the anatomical shape, character and odontologist and radiologist, each contributing to the
texture may not always be obvious to someone who is overall picture.
medically trained, but in most cases will be.
What was the height (stature) of the person?
Are the remains human? The head to heel measurement of even the newly
This is a more difficult question to answer. Differentiating deceased is rarely the same as the person’s standing
human from animal bones is not always easy. A foren- height in life, owing to a combination of factors, including
sic pathologist or forensic physician should be able to muscle relaxation and shrinkage of intervertebral discs.
identify almost all of the human skeleton, although If a whole skeleton is present, an approximate height
phalanges, carpal and tarsal bones can be extremely can be obtained by direct measurement but, because of
difficult to positively identify as human because some a range of factors (e.g., changes in joint spaces, articu-
animals have extremity bones with features similar lar cartilage) this can only be an approximation. If only
to the human hand and wrist. Identifying the source some bones are available, calculations can be made
of fragmented or burned/cremated bones generally from established tables, of which there are many. Height
requires the skill of a forensic anthropologist or com- can be estimated from a range of long bones including
parative anatomist. the humerus, ulnar and femur. Other bones such as the
sternum have also been used in this setting.
Do the remains represent one or more bodies (is there What is the ancestry of the deceased?
co-mingling of body parts)?
This is a very complex area of much controversy and sits
Clearly, if there are two intact skulls or two intact left firmly within the realm of anthropologists whose main
femurs then specific expertise is not required. If there focus lies within the field of craniometrics.
is no obvious duplication, it is important to examine
each bone carefully to assess whether the sizes and Can a personal identity be discovered?
appearances match. Excluding the possibility of co- The previous criteria can assign bones broadly to vari-
mingling of skeletal remains is the realm of the forensic ous groups of age and sex but putting a name to the
anthropologist. individual depends, as does all identification, upon hav-
ing reliable, corroborative ante mortem data. There are
What is the biological sex? occasions when foreign bodies such as bullets or other
There is a vast anthropological literature on these metallic fragments may be found embedded in the skel-
matters with norms established for a range of popu- eton; these may either relate to the cause of death or
lations. The skull and the pelvis offer the best informa- may simply be an incidental finding. Sometimes these
tion on sexing; although the femur and sternum can can assist in identification. Surgical or other implant
provide assistance. There are, however, many studies procedures (e.g., pacemakers, arthroplasty implants,
which explore these and other structures including implantable defibrillators) have a unique reference
the maxillary sinus volume, and the nature of teeth number which may identify the maker; these and other
and the size of the patella. It is important to attempt unique medical data are often useful in establishing
to determine the sex of each of these structures and identity, and can frequently be seen after radiological
not to rely on the assessment of just one. Examination imaging and tracked, following referral to the implant
by a forensic anthropologist or anatomist is vital. manufacturer, to the named patient.
An emergency or major incident may result in fatali- process involves bringing together ante mortem and
ties. Disaster victim identification (DVI) is the interna- post mortem information to make a positive identi-
tionally accepted term for the processes and procedures fication by scientific means in a dignified manner,
for recovering and identifying deceased people and taking into account the needs of the investigation pro-
human remains in multiple fatality incidents. The cess, the needs of the bereaved and the needs of the
204 Identification of the living and the dead
community. Within the UK, the National Disaster Victim purposes. This also requires that the practitioner has a
Identification Unit coordinates the national capability realistic understanding of the variation expressed by
of the police service to respond to mass fatality inci- the human form and the extrinsic and intrinsic factors
dents in the UK. The team works with police services, that may affect any age estimation process.
government departments, local authorities and other Four main means of age estimation are available,
agencies to do this. The Coroner in England & Wales (or and the more of these that are used the more likely
Procurator Fiscal in Scotland), is responsible for chair- it is that the result of the examination will correlate
ing the Identification Commission, where the identity of well with the chronological age of the individual.
the deceased is confirmed. It is the Coroner’s responsi- Underestimation of age is unlikely to raise any issue in
bility to establish the deceased’s identity and how, when relation to an infringement of human rights (as younger
and where the death occurred. They have the power to: persons tend to be treated more advantageously in the
take lawful possession and control of deceased persons legal process) but an over-estimation of age can have
or human remains from when the death is reported adverse effects. It is essential that the final estimation
until all enquiries are complete; authorise removing the is robust and conveys a realistic range within which
deceased from their place of death to a mortuary; and the chronological age is most likely to occur. As yet,
authorise a post mortem examination. Body recovery the use of DNA for age estimation is not a feature of the
teams will identify the deceased wherever they may be legal process. Any element of doubt must result in an
found. They will then be photographed before they are increased range of possibilities. It is not possible in any
moved to assist any criminal investigation and to assist circumstance to ascertain with certainty whether an
the Coroner in establishing cause of death. At the mor- individual is 20 or 21 years of age. An assessment of 20
tuary, any personal items will be retrieved. These will be years ranges from a specific calendar date (birthday) to
used as indicators of the potential identity of the person. a date that is 364 days beyond that date and only one
Investigators will then go with a family liaison officer to day short of the assessment of an age of 21 years. The
recover items that could assist the identification, such as means of assessment that should be used now to esti-
personal items from the deceased’s home that may yield mate age in the living are:
fingerprints or DNA, or their dental records from their
dentist. Once identification evidence has been collected
• Social and psychological evaluation: This
this will be presented to the Identification Commission
requires evaluation by a highly trained clinician
which will decide if it meets the standards required to
or social work practitioner.
confirm identity. Further evidence may need to be col-
• External estimation of age: This evaluation must
lected. If identity reaches the standard of proof required
be undertaken by a qualified clinician (a forensic
then the evidence will then inform an inquest into the
physician, or a paediatrician for the child and geri-
death.
atrician for the elderly; examination by more than
one practitioner may be appropriate).
Age estimation in the living • Skeletal estimation of age: This investigation can-
not be undertaken visually and therefore relies
For the deceased, investigation of identity and age is on technology to assist the process (exposure to
generally undertaken by order of, and with the con- much of the relevant technology has risk from ion-
sent of, legal authorities, for example, the Coroner in ising radiation and can only be undertaken with
England & Wales. informed consent).
In the living, other constraints apply. The essential • Dental estimation of age.
element of any age estimation procedure is to ensure
that it complies with, and fulfils, all local and/or Certain aspects of each of these means of assessment
national legal and ethical requirements. All practitio- are well recognised. External estimation of age should
ners, clinical or forensic, must take full responsibility use Tanner staging to assess child maturity (Figure
for their actions in relation to the human rights of the 14.5). Skeletal estimation will assess hand/wrist radio-
subject undergoing investigation. It is essential that the graphs in the first instance, which are compared against
practitioner, clinical or forensic, undertaking the esti- standards previously published. A visual intraoral
mation is experienced in the interpretation and presen- inspection will inform the practitioner as to the stage
tation of data emanating from the investigation. They of emergence and loss of the dentition and is particu-
must have a current and extensive understanding of the larly useful for age evaluation in the pre-pubertal years.
limitations of their investigation both in relation to the Pubertal and post-pubertal individuals will, however,
physical technology available to them and to the nature require a radiographic investigation subject to their
of the database to which they will refer, for comparison local regulatory guidelines and statute.
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15 Restraint and control
techniques
▪▪ Use of force ▪▪ Irritant sprays
▪▪ Conflict resolution ▪▪ Impact rounds
▪▪ ‘Empty hands’: unarmed restraint ▪▪ Dogs
▪▪ Handcuffs ▪▪ Conducted energy devices
▪▪ Batons ▪▪ Bibliography and information sources
Use of force used with the intention of killing. Table 15.1 lists the
techniques and devices generally available to police
Law enforcement personnel and others are required on personnel in the UK.
some occasions to use restraint techniques to control
individuals who may be violent or suffering from some
form of acute behavioural disturbance. A key element of Conflict resolution
such force is that it requires a sensitive balance between All law enforcement personnel involved in restraint con-
the duty of care to the individual being restrained, pay- trol or public order settings should have an understand-
ing due attention to their safety and security, and those ing of conflict resolution and the factors that will affect
who may be harmed, including the behaviourly dis- how individuals respond to certain threats or actions. It
turbed person requiring restraint, the general public is important that any progression or escalation of force
and the law enforcement personnel. A general principle is reasonable in order that any adverse outcome may be
is that the least possible effective force should be used. justified at a later date. All law enforcement personnel
The determination of the level of force used to restrain should be taught de-escalation techniques to reduce
an individual often becomes a crucial element in a the need for physical means of restraint. The offender
criminal trial or an employment tribunal. Additionally, behaviour is characterised in a number of ways rang-
such determinations may be required in civil justice and ing from that of compliance, to verbal and gestured
coronial justice settings, where either the detained per- responses, passive resistance, active resistance, assault
son or the law enforcement officer has sustained harm, and aggression to the most serious category, aggravated
or the events have resulted in a fatality. Close analysis aggression (which may involve the use of a weapon).
will be undertaken of the type and means of restraint Many factors may affect the subsequent behaviour of an
that was used to secure that control. individual and how an officer responds (Box 15.1).
The phrase ‘use of force continuum’ is sometimes Around the world there are a wide variety of tech-
used to indicate the level of force appropriate for use niques, implements and weapons which may be used
against a non-compliant person by law enforcement, for control and restraint. Many are techniques used for
or security personnel, and under which circumstances. crowd control including the use of tear gas, water can-
Police and other law enforcement agencies will gener- non, horses, and ‘kettling’. The use of these techniques
ally have a published policy which will vary in nature will vary from country to country. Some may cause
but embraces the appropriate use of restraint tech- injury and some, either through inappropriate use or
niques and personal protection strategies for personnel. some other circumstance, may result in physical com-
Such policies can provide guidance about appropriate plications. Doctors, particularly forensic physicians and
actions in response to actual or perceived threats, bal- emergency medicine specialists, may become involved
ancing factors such as the safety of others, the presence in the assessment of the medical consequences of con-
of weapons, and the size of the non-compliant indi- trolling or restraining people. Forensic pathologists may
vidual, with the level of force used by law enforcement/ be involved in determining the cause of death. This often
security personnel. There is a risk of unintended harm becomes a major issue at inquest where other factors
with all restraint techniques, and there is a risk of death (apart from the use of the restraint technique) such as
with some of them. It is important to understand the drug or alcohol intoxication, associated self-harm and
intended effects, and risks to health, of each of these mental health issues commonly feature. When assess-
techniques and devices. The term less-lethal weapon ing a non-fatal restraint case, a full clinical assessment
is used to differentiate such devices from firearms used with documentation of injuries and, if necessary, appro-
by law enforcement personnel, which are generally priate referral to specialists is crucial. The history from
Handcuffs 209
(a)
(b)
(b)
projectiles are intended to impact on the ground prior consist of a single, long round, or several shorter ones
to hitting the subject, dissipating the energy in advance. fired concurrently. One additional group is the ‘beanbag
The projectiles are frequently irregular cylinders made projectile’ which consists of a tough fabric bag filled with
from rubber, plastic, wood or foam, and can be as large compliant material (Figure 15.7). Baton rounds have two
as the full-bore diameter of the launcher. Projectiles may roles: public order and as another alternative to the use
Conducted energy devices 213
Dogs
Trained dogs from law enforcement agencies are capa-
ble of restraining and detaining individuals who need to
be controlled. In some cases, dogs bite. Bites all require
medical assessment as there may be, dependent on the
site and degree of injury, a risk of infection, neurological
(b)
Figure 15.7 Bean bag round. Figure 15.8 (a) TASER® X2 and (b) barbs.
(Courtesy of Jason Payne-James.) (Courtesy of Jason Payne-James.)
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16 Police custodial healthcare
mechanisms for reducing and avoiding unwanted out- (which may include regulatory, employment and crimi-
comes. All countries should collect robust data regard- nal courts or tribunals). The Independent Office for
ing deaths and harm related to police custody but this is Police Conduct (IOPC) publishes data on deaths related
not currently the case. Any death in state custody should to police contact in England & Wales. In 2017–2018 in
be investigated independently and thoroughly and any England & Wales, there were the following number of
acts of commission or omission that contributed to the fatalities in each category of police related death: 29 road
death should be identified and dealt with appropriately traffic fatalities; four fatal police shootings; 23 deaths in
(a)
For each item, write in the number that best describes the patient’s signs or symptom. Rate on just the apparent relationship to opiate withdrawal.
For example: If heart rate is increased because the patient was jogging just prior to assessment, the increased pulse rate would not add to the score.
Buprenorphine Induction:
Enter scores at time zero, 30 minutes after first dose, 2 hours after first dose, etc. Times of Observation:
Resting Pulse Rate: Record Beats per Minute
Measured after patient is sitting or lying for one minute
0 = pulse rate 80 or below • 2 = pulse rate 101–120
1 = pulse rate 81–100 • 4 = pulse rate greater than 120
Sweating: Over Past 1/2 Hour not Accounted for by Room Temperature or Patient Activity
0 = no report of chills or flushing • 3 = beads of sweat on brow or face
1 = subjective report of chills or flushing • 4 = sweat streaming off face
2 = flushed or observable moistness on face
Restlessness Observation During Assessment
0 = able to sit still • 3 = frequent shifting or extraneous movements of legs/arms
1 = reports difficulty sitting still, but is able to do so • 5 = Unable to sit still for more than a few seconds
Pupil Size
0 = pupils pinned or normal size for room light • 2 = pupils moderately dilated
1 = pupils possibly larger than normal for room light • 5 = pupils so dilated that only the rim of the iris is visible
Bone or Joint Aches if Patient was Having Pain Previously,
only the Additional Component Attributed to Opiate Withdrawal is Scored
0 = not present • 2 = patient reports severe diffuse aching of joints/muscles
1 = mild diffuse discomfort • 4 = patient is rubbing joints or muscles and is unable to sit still because of discomfort
Runny Nose or Tearing Not Accounted for by Cold Symptoms or Allergies
0 = not present • 2 = nose running or tearing
1 = nasal stuffiness or unusually moist eyes • 4 = nose constantly running or tears streaming down cheeks
(b)
Figure 16.1 (Continued) (b) Assessment of alcohol withdrawal. (Reproduced from Sullivan JT et al. Assessment of
alcohol withdrawal: the revised Clinical Institute Withdrawal Assessment for alcohol scale [CIWA-Ar]. Br J Addict
1989;84:1353–1357.)
Deaths and harm in police custody 221
(a)
Figure 16.2 Example Risk Assessment Proforma for Detainees in Police Custody.
(Continued)
222 Police custodial healthcare
Figure 16.2 (Continued) Example Risk Assessment Proforma for Detainees in Police Custody.
(Continued)
or following police custody; 57 apparent suicides follow- a breath alcohol measurement. Missing a serious injury
ing police custody; and 170 other deaths following police can result in a fatal outcome. This principle, however,
contact that were independently investigated. Figure is a key issue in care and requires not only an initial
16.3 illustrates the number of fatalities following deaths awareness, but the need for appropriate monitoring
in police custody and following police contact from (e.g., rousing to ensure there has been no deterioration
2004 to 2018 in England & Wales. Figure 16.4 shows the in conscious level) so that treatable, potentially fatal
primary cause of death in custody – England & Wales – injuries are not missed. Failure to recognise high-risk
1998/9 to 2008/9. patients remains a common problem, in particular for
Work has been done worldwide by those involved in healthcare professionals who have little experience in
healthcare in custody settings to look at the nature and custodial medicine, and deaths or harm outcomes that
causes of deaths in custody and there are similarities could have been avoided may result in severe penalties
between many of these studies, irrespective of juris- to those who have failed in their duties. Complaints
diction. Sometimes the studies focus on all deaths in about healthcare professionals to their respective regu-
custody (e.g., in police custody, prison custody, secure latory bodies appear to be increasing.
mental health units) and others solely on police settings. Specific issues may arise which require an aware-
Detainees may be arrested for drink/drug driving ness of local trends and behaviours. Often these relate
offences after road traffic collisions (RTCs) and are taken to drug use (either due to the nature of the drug taken
to a police station. It is crucial that proper medical assess- or the means by which it was administered). Anthrax
ment is undertaken of such individuals, being aware of (caused by Bacillus anthracis) is rare in the UK but was
all the factors of any collision (e.g., type of impact, use identified in injecting drugs misusers. Ultra-potent
of seat belts, deployment of airbags, whether extraction opioids (e.g., fentanyl and carfentanil) are now widely
of the detainee was required, what the speed at impact available, and detainees (and police and healthcare
was, etc.) so that serious underlying injury is not missed professionals caring for them) may be at risk of expo-
whilst the police procedures are being undertaken. This sure to these potent narcotics necessitating guidance
ensures that risk factors over and above the use of alco- for scene safety and force protection from medical
hol and/or drugs are taken into account, and in particu- directors. The availability of novel psychoactive sub-
lar the risk that substance misuse is masking significant stances (NPS) with many different modes of action and
clinical conditions; a full clinical examination remains clinical effects often makes assessment difficult. Rare
essential. Particular attention should be paid to drink- medical conditions may also be responsible for deaths
drivers who have refused, or were not able to complete, in police custody.
Deaths and harm in police custody 223
(b)
Figure 16.2 (Continued) Example Risk Assessment Proforma for Detainees in Police Custody.
Cruel, inhuman and degrading to cruel, inhuman and degrading treatment or torture.
Such issues may be disclosed by the detainee, or may be
treatment and torture established during the clinical assessment. Often those
The healthcare professional working in custodial set- who have fled oppressive regimes may come into con-
tings should be aware that this is often an opportunity tact with criminal justice or immigration systems. The
to identify and assist those who have – either during the healthcare professional should always be in a position
current period of detention, or previously – been subject to ask appropriate questions and refer to appropriate
224 Police custodial healthcare
20 6
20 7
20 8
20 9
20 0
20 1
20 2
20 13
20 4
20 5
20 6
8
/0
/0
/0
/0
/0
/1
/1
/1
/1
/1
/1
/1
/1
/
04
05
06
07
08
09
10
11
12
13
14
15
16
17
20
20
Figure 16.3 Total number of deaths in police custody or following police custody in the UK from 2004 to 2018.
agencies or personnel if such issues are identified. The Excited delirium syndrome
Istanbul Protocol (described in Chapter 8) provides the
means to ensure that such allegations can be properly Unexpected deaths periodically occur in individuals
investigated. Appropriate enquiry or awareness may held in police custody. These decedents have usually
identify individuals who have been trafficked or sub- had significant physical exertion associated with vio-
ject to forced marriage or female genital mutilation lent and/or bizarre behaviour, have been restrained by
(FGM – described in Chapter 17). The relevance of such the police, and often have drug intoxication. An autopsy
issues will be dependent on the jurisdiction in which the in such cases may not provide a satisfactory explana-
healthcare professional is working. tion for the cause of death, and these deaths may then
35
30
25
Percentage
20
15
10
0
nt ed
e
siv sc te /
ed
ia
ow ty
s
de
or Al ntio ior
n
ay tat d/
lu na ela nd
se
r
os
io
kn ali
he
rw t s ne
te in
at
ici
te pr
dr o n
ob ed
n
e e d
n
au
ct
rd
nc U s r l a
er
un on
io
de ta
Ot
el
Ai /no rtai
Su
ru
de ed
lc
ve
th
ug ho
tr
g sus
i
st
nt
ra
to iv
po
lo
in
te
e
tu
rin es
ra
ta
Hy
ec
in
Na
st
en
du juri
sr
Re
se
cid
rie
In
do
Ac
ju
er
In
Ov
co
in
Figure 16.4 Primary cause of death in custody in England & Wales from 1998/9 to 2008/9. (Adapted from the
Independent Police Complaints Commission. Death in or following police custody: an examination of the cases 1998/99–
2008/09. IPCC, London, 2010.)
Prevention of death and harm in police custody 225
be attributed to the excited delirium syndrome (ExDS), Faculty of Forensic and Legal Medicine and the Royal
or an ‘acute behavioural disturbance’. The pathogen- College of Emergency Medicine have produced guide-
esis of excited delirium syndrome/acute behavioural lines on management in police custody of acute behav-
disturbance-associated deaths is likely to be multifac- ioural disturbance.
torial and includes a variety of factors such as positional
asphyxia, hyperthermia, drug toxicity, and/or catechol- Prevention of death and harm in
amine-induced fatal arrhythmias.
Generally, the forensic medical community has clas- police custody
sified patients who presented with altered sensorium and Any episode of death or harm in police custody is a trag-
aggressive agitated behaviour, and a combination of other edy. It is a tragedy for families of the deceased, but it can
symptoms including ‘superhuman’ strength, diaphore- also be hugely disruptive and traumatic for any of those
sis, hyperthermia, propensity to break glass, attraction who have been involved in the arrest, care and health-
to light or lack of willingness to yield to overwhelm- care assessment of that person. Adequate training of
ing force, who then died with a positive drug screen for law-enforcement personnel in relation to restraint plays
sympathomimetic agent, and no other anatomical cause a vital role in preventing deaths in custody. Concepts
of death, as an ‘Excited Delirium’ (or acute behavioural such as ExDS (or acute behavioural disturbance),
disturbance-associated) death. In recent years, it has and the potential dangers of vascular restraint holds,
become increasingly clear that many patients with this assist officers in making appropriate restraint deci-
constellation of symptoms and signs have been man- sions. Understanding the broad principles of positional
aged in emergency departments for decades and in only asphyxia, such as how some positions and some indi-
a minority of cases is the outcome fatal. Law enforcement viduals are more prone to respiratory compromise, and
and emergency medical services (EMS) in the USA have that kneeling on someone’s back may increase the risk of
many years of experience of dealing with ExDS patients. death, means that some potentially fatal situations are
Individuals with ExDS (or acute behavioural disturbance) avoided. Such training in ‘use of force’ tactics needs to
most frequently come to the attention of police, forensic include an understanding of the effects, and complica-
physicians and emergency departments because of the tions, of less-lethal weapons and personal protection
associated violent, agitated, and erratic behaviour. These systems including batons, irritant sprays and conducted
out-of-hospital ExDS (or acute behavioural disturbance) energy devices. Different means of providing healthcare
subjects have traditionally been transported to custody for detainees exist across the world. Some are compa-
and survived, transported to the hospital and survived, rable (or aim to be comparable) to healthcare for the
or have a sudden cardiac arrest with death ensuing. If non-detainee (e.g., UK, France, Netherlands) whilst
death occurs, a forensic autopsy is required. When the others have lower, or less consistent, standards of pro-
outcome is fatal, forensic pathologists may, in the absence viding healthcare for detainees. The standards of the
of other apparent causes of death, typically rule that death healthcare professionals are key, as certain skills may
is a consequence of excited delirium, although the use of be needed in general medical problems, but with a great
this diagnostic ‘label’ is not currently preferred in the UK. emphasis on mental health and substance misuse. All
Instead, a ‘narrative’ style cause of death is given, iden- countries should have minimum standards of training
tifying those factors thought to be most important. The and qualification for healthcare professionals working
concept of excited delirium remains controversial, but has with detainees in police custody. Over recent years sub-
become a matter of increasing concern for forensic and stantial advances have been made in setting standards
emergency physicians and other primary care health pro- for short-term custodial healthcare in a variety of ways
fessionals as many work with policing agencies respon- in different countries. It is essential that any practitioner
sible for the policy and procedures used in the field. has knowledge of, and is trained in, aspects of mental
Forensic physicians and healthcare practitioners who health, drug and alcohol misuse, medical law and eth-
encounter such individuals are generally supportive of ics, forensic sampling and police process in addition to
this diagnosis as a means to identify the at-risk patient. basic training. Police or law-enforcement officers tasked
The key practical element in care of the detained with the care of detainees must also have training in
(or about to be detained) individual is to differentiate order to identify those patients at risk. Non-medical
between an aggressive individual who is trying to avoid factors, such as the use of CCTV to monitor those iden-
arrest, and an individual with ExDS (or an acute behav- tified as being at risk of self-harm, and the availability
ioural disturbance). Such an individual represents a of ligature knives, should an individual gain access to a
medical emergency and requires immediate trans- ligature, are common-sense ideas that should be widely
port to a medical facility with full resuscitation and life disseminated (see Figure 16.6). Life signs monitoring
support capability. A Special Panel Review of Excited devices are available for use in police cells but are not
Delirium produced a simple ‘aide memoire’ to assist substitutes for appropriate staffing with appropriately
in making this crucial diagnosis (Figure 16.5). The UK trained and qualified healthcare professionals. Training
226 Police custodial healthcare
Figure 16.5 Excited delirium syndrome pocket card (front and back) for law enforcement and EMS providers created
by the work of the National Institute of Justice Technology Working Group (TWG) on Less-Lethal Devices (Reproduced
by permission of NIJ).
(a) (b)
(c) Figure 16.6 (a) A custody suite with CCTV monitoring facilities.
(b) Suspension point in a cell where detainee had torn a strip of
a blanket and attached it to a lighting frame. (c) A ligature knife:
this should be in the possession of all gaolers or detention officers
responsible for prisoners, so that they can immediately respond to
and deal with incidents of self-hanging or ligature application.
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17 Sexual assault, genitoanal
injury and female genital
mutilation
▪▪ Introduction ▪▪ Medical findings after sexual contact
▪▪ Examination requirements ▪▪ Care after sexual assault
▪▪ Definitions and the law ▪▪ Female genital mutilation
▪▪ Intimate partner violence ▪▪ Bibliography and information sources
▪▪ Medical assessment ▪▪ Further general resources
▪▪ Evidential samples and documentation of findings
Box 17.1 Key elements of offences under the Sexual Offences Act 2003
(England & Wales)
Section 1: Definition of the act of ‘rape’ • (A) does not reasonably believe that (B) consents.
• A person guilty of an offence under this section is
A person (A) commits an offence [of rape] if:
liable, on conviction on indictment, to imprison-
• He intentionally penetrates the vagina, anus or ment for life.
mouth of another person (B) with his penis
• (B) does not consent to the penetration, and Section 3: Definition of ‘sexual assault’
• (A) does not reasonably believe that (B) consents. A person (A) commits an offence if:
• A person found guilty of rape under this section
• He intentionally touches another person (B)
is liable, on conviction on indictment, to imprison-
• The touching is sexual
ment for life.
• (B) does not consent to the touching and
Section 2: Definition of the offence of ‘assault • (A) does not reasonably believe that (B) consents.
by penetration’ A person guilty of an offence under this section is liable:
A person (A) commits an offence if: a. On summary conviction, to imprisonment for a
• He intentionally penetrates the vagina or anus of term not exceeding 6 months or a fine not exceed-
another person (B) with a part of his body or any- ing the statutory maximum, or both
thing else b. On conviction or indictment, to imprisonment for
• The penetration is sexual a term not exceeding 10 years.
• (B) does not consent to the penetration and
Medical assessment 231
me by _____________________________________________________________________________________
I understand that the forensic examination will include (delete if not applicable)
c) Taking of notes, photographs/videos/digital images for recording and evidential purposes (including
second opinions from medical experts and peer review). I have been told that any sensitive photographs,
videos and/or digital images will be stored securely and only be made available to other non-medical
persons on the order of a judge;
d) I understand and agree that the doctor/nurse may provide a statement/report for the police;
e) I understand and agree that a copy of the medical notes may be given to professionals involved in the
case (eg police or lawyers) and may be used in a court;
g) I agree to the use of my anonymised photographs/videos/digital images/medical notes for audit and
research;
h) I have been advised that I may halt the examination at any time.
________________________________________
Figure 17.1 Consent to history, examination and report. (From the Faculty of Forensic & Legal Medicine pro forma
for adult female and male forensic sexual assault examination. [https://fflm.ac.uk/wp-content/uploads/2014/04/
Proforma-for-ADULT-female-and-male-forensic-sexual-assault-examination-JULY-2010.pdf].)
and equipment to be used for the examination should if an examination under anaesthetic for vaginal or anal
be carried out using suitable cleaning agents, pre- and injuries is necessary, the sexual offence examiner or
post-examination. forensic physician should be present at that examina-
In some cases, the need for urgent medical care tion with the treating doctors to take relevant samples.
because of injury overrides the immediate need for a The sexual offence examiner must explain the
sexual assault examination. Healthcare aspects have nature, purpose and process of the assessment, in order
priority. Wherever possible, examinations should be that consent is fully informed and that chaperones
undertaken at the earliest opportunity in order to ensure are used when appropriate. An assessment for sexual
best opportunities for evidential sampling. For example, assault requires a detailed history and examination. The
232 Sexual assault, genitoanal injury and female genital mutilation
history of the alleged assault from the complainant is an might yield trace evidence including the DNA of that
extremely important part of the assessment, as it assists alleged assailant.
in ensuring the best opportunities for evidence recovery. The genito-anal examination may be undertaken
For example, apart from genito-anal assault or penetra- by naked eye or, depending on the available facilities,
tion, sites where there has been licking, kissing or biting with the assistance of specialist lighting, magnification
may allow DNA recovery. The examiner should ensure or colposcopes. Examination of a female complainant
that they record the briefing details from the referring (dependent in part on the history) will record the pres-
police team, and then compare those details with the ence of any abnormalities or the absence of any findings
account of the complainant themselves confirming or in the following anatomical sites: thighs, buttocks and
amending it as necessary. Discrepancies may become perineum; pubic area; pubic hair; labia majora; labia
very significant at a later stage of any legal proceed- minora; clitoris; posterior fourchette; fossa navicularis;
ings. Apart from a general medical history, detail of the vestibule; hymen; urethral opening; vagina and cervix.
full history of events and any specific physical contacts For the male (suspect or complainant) the buttocks,
must be identified (e.g., penis to mouth, mouth to geni- thighs, perineum, anus, perianal area, testes, scrotum
talia, penis to anus, penis to vulva/vagina, ejaculation, and penis (including shaft, glans and coronal sulcus)
object/implement penetration of mouth/vulva/vagina/ will be examined.
anus, kissing/licking/biting/sucking/spitting). Recent
drug and alcohol intake must be recorded in as much Evidential samples and
detail as possible, and this may be relevant in terms of
ability to recall events appropriately or if there is a pos- documentation of findings
sibility of drugs or alcohol having been administered in Appropriate samples in sexual assault will assist in
possible cases of drug-facilitated sexual assault. Specific determining the nature of sexual contact, the gender
questions are also asked about events after the assault and possibly identity of the assailant and possible links
as these may affect subsequent findings or recovery of with other offences. Samples that may be required
evidence. Such questions include ‘Since the assault have include buccal swabs (for DNA), blood (for drugs and
you… noted pain… noted bleeding… brushed teeth… alcohol), urine, hair (head and pubic), nails and swab
passed urine… defaecated… douched?’ A full medical samples from body orifices, mouth, ears, nose and geni-
history must include past medical history, past surgical talia, including vulva, vagina, cervix, penis, anal canal
history, past gynaecological history, menstrual history and rectum. Appropriate sample kits, assembled with
and past psychiatric history so that, if necessary, any appropriate quality control, for particular areas of the
influence of these on examination findings can be con- body should be used wherever possible (Figure 17.3)
sidered. Previous sexual history should not generally be Sampling must conform to agreed protocols and a clear
relevant, but it is important to enquire sensitively about chain of custody established. The Faculty of Forensic &
recent sexual activity before the alleged assault and Legal Medicine provides guidance as to sampling and
sexual activity after the assault. The appropriateness an example of guidance for some samples is shown
of the need for this information is still subject to some in Figure 17.4. This guidance is updated regularly and
debate. Based on this history, an appropriate examina- as with all published guidance, practitioners should
tion can be undertaken to collect appropriate evidential ensure that they are using the most recent version.
samples. Figure 17.2a–d shows the specifics of informa- Table 17.1 summarises the type of sample and what
tion that should be sought from the complainant. may be achieved from analysis of such a sample. In all
The nature of the examination of the adult in sexual cases if uncertain, confirm with forensic science labo-
assault cases is determined in part by the history elic- ratories (1) the type of specimen required and (2) how
ited, in that certain points may direct an examiner to it should be stored to ensure optimum preservation.
areas of particular interest. The following should always Samples should be taken in the light of the known his-
be documented: weight, height (and Body Mass Index), tory and accounts of events. If there is any doubt whether
general appearance, skin abnormalities of changes (e.g., a particular sample may be relevant it is better to take
scars, tattoos, piercing) and appearance of the hair (e.g., a sample and retain it for later analysis. In the case of
dyed, shaved). a suspect the doctor should advise the police investiga-
A standard general physical examination will be car- tors regarding samples as legal requirements will need
ried out and a detailed physical, external examination to be observed in order to appropriately request samples.
which identifies injury or abnormality. The absence of Control swabs may be required, depending on local lab-
injury and abnormality is also recorded. This examina- oratory protocols and standard operating procedures.
tion will be documented on body diagrams and images The persistence of evidentially relevant materials is
of abnormalities should be taken. The external exami- variable and advice should be sought from a forensic
nation will focus on those areas likely to have been in scientist or forensic toxicologist if uncertain whether
physical contact with an alleged assailant and which it is appropriate to take a sample. In general, foreign
Evidential samples and documentation of findings 233
(a)
___________________________________________________________________________________________
___________________________________________________________________________________________
Mouth to (details)
NOT KNOWN / NO / YES
genitalia/anus?
Digit to (details)
NOT KNOWN / NO / YES
vulva/vagina/anus?
(details)
Penis into mouth? NOT KNOWN / NO / YES
(details)
Penis into anus? NOT KNOWN / NO / YES
Object to (details)
NOT KNOWN / NO / YES
vulva/vagina/anus?
(details)
Injuries? NO / YES
(details)
Ano-genital bleeding? NO / YES
(details)
Weapon used? NOT KNOWN / NO / YES
(details)
Damage to clothing? NO / YES
Figure 17.2 (a) Details of Assault from the Complainant. (From the Faculty of Forensic & Legal Medicine pro forma for
adult female and male forensic sexual assault examination [https://fflm.ac.uk/wp-content/uploads/2014/04/Proforma-
for-ADULT-female-and-male-forensic-sexual-assault-examination-JULY-2010.pdf].)
(Continued)
234 Sexual assault, genitoanal injury and female genital mutilation
(b)
___________________________________________________________________________________________
___________________________________________________________________________________________
Wiped/ washed NOT KNOWN/ NO / YES (specify site and disposal of eg cloth/tissue)
(specify)
Changed clothes
(sites)
Self harm
Circle:
Figure 17.2 (Continued) (b) Details of Assailant(s) and Post Assault events. (From the Faculty of Forensic & Legal
Medicine pro forma for adult female and male forensic sexual assault examination [https://fflm.ac.uk/wp-content/
uploads/2014/04/Proforma-for-ADULT-female-and-male-forensic-sexual-assault-examination-JULY-2010.pdf].)
(Continued)
Evidential samples and documentation of findings 235
(c)
Abdominal pain
Urinary symptoms
eg dysuria, frequency,
haematuria, incontinence, UTI
Genital symptoms
Bowel symptoms
eg soreness, pain on
defaecation, discharge, bleeding,
change in bowel habit,
incontinence, pruritis, injuries
Figure 17.2 (Continued) (c) Direct Questions to be asked of complainant. (From the Faculty of Forensic & Legal
Medicine pro forma for adult female and male forensic sexual assault examination [https://fflm.ac.uk/wp-content/
uploads/2014/04/Proforma-for-ADULT-female-and-male-forensic-sexual-assault-examination-JULY-2010.pdf].)
(Continued)
236 Sexual assault, genitoanal injury and female genital mutilation
(d)
Dates and times of other relevant sexual activity within the previous 10 days ____________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
Have any illicit drugs been used by/administered to the subject within 4 days of the examination?
___________________________________________________________________________________________
Are any other substances suspected of having been used by/administered that could be relevant to the offence?
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
Figure 17.2 (Continued) (d) Sexual History: Drug and Alcohol Use in Relation to Assault. (From the Faculty of Forensic
& Legal Medicine pro forma for adult female and male forensic sexual assault examination [https://fflm.ac.uk/wp-con-
tent/uploads/2014/04/Proforma-for-ADULT-female-and-male-forensic-sexual-assault-examination-JULY-2010.pdf].)
Medical findings after sexual contact 237
Figure 17.4 Recommendations for the collection of forensic specimens from complainants and suspects, 2019. (From Faculty of Forensic & Legal Medicine.)
Female genital mutilation 239
Table 17.1 Type of sample taken and what may identified by analysis
Sample type What may be identified by analysis
Blood Presence and amount of alcohol and drugs; identify DNA
Urine Presence and amount of alcohol and drugs
Hair (head), cut and Identify biological fluids (wet and dry); foreign material (e.g., vegetation, glass, paint, fibres);
combed comparison with other hairs found on body; past history of drug use
Hair (pubic), cut and Identify biological fluids (wet and dry); foreign material (e.g., vegetation, glass, fibres);
combed comparison with other hairs found on body; past history of drug use (prescribed; licit and illicit)
Buccal scrape DNA profiling
Skin swabs (at sites of Identify biological fluids (e.g. semen, saliva – wet and dry); cellular material; lubricant
contact) (e.g., KY, Vaseline)
Mouth swabs Identify semen
Mouth rinse Identify semen
Vulval swab Identify biological fluids (e.g., semen, saliva); foreign material (e.g., hairs, vegetation, fibres)
Low vaginal swab Identify body fluids (e.g. semen, saliva); foreign material (e.g., hairs, vegetation, fibres);
identify biological fluids (e.g., semen, saliva); foreign material (e.g., hairs, vegetation, fibres)
High vaginal swab Body fluids (e.g., semen, saliva); foreign material (e.g., hairs, vegetation, glass, fibres); identify
biological fluids (e.g., semen, saliva); foreign material (e.g., hairs, vegetation, fibres)
Endocervical swab Identify biological fluids (e.g., semen)
Penile swabs (shaft, glans, Identify biological fluids (e.g., semen)
coronal sulcus)
Perianal swabs Identify biological fluids (e.g., semen)
Anal swabs Identify biological fluids (e.g., semen)
Rectal swabs Identify biological fluids (e.g., semen)
Fingernail swabs, cuttings Identify foreign material (e.g., skin cells), matching of broken nails
or scraping
of FGM (i.e., it does not apply where a woman aged 18 Faculty of Forensic & Legal Medicine of the Royal College of
or over discloses she had FGM when she was under 18). Physicians. Quality standards in forensic medicine & qual-
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which might otherwise apply. The duty is a personal duty and-Paramedics-General-Forensic-Medicine-May-2016.pdf
(Accessed 16 May 2019).
which requires the individual professional who becomes
Faculty of Forensic & Legal Medicine of the Royal College of
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professional is aware that another individual from the equipment for medical facilities in victim examination suites
same profession has already made a report; there is no or Sexual Assault Referral Centres (SARCs). https://fflm.ac.uk/
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18 Safeguarding and protection
of children and vulnerable
adults
▪▪ Introduction ▪▪ Neglect and emotional abuse
▪▪ Child abuse and neglect ▪▪ Fabricated or induced illness in children
▪▪ Definitions ▪▪ Management of child abuse
▪▪ Legislation in England & Wales ▪▪ Safeguarding vulnerable adults
▪▪ Safeguarding children and young people ▪▪ Elder abuse
▪▪ Physical abuse ▪▪ Bibliography and information sources
▪▪ Sexual abuse ▪▪ Further general resources
The Act used the term ‘harm’ to describe the effects to support children living with relatives, family, friends
of ill-treatment and poor care leading to injury, impair- and foster families, or sometimes, especially for older
ment of health or development of a child. The term ‘sig- young people, in children’s homes and units. The quality
nificant harm’ was used to determine the severity of the of life of such children is of major concern and should
ill-treatment and is the threshold for compulsory inter- be assessed. In the UK, the Children’s Commissioner
vention in child protection cases. All police services publishes the ‘Stability Index’ which provides an annual
within the UK should now have specialist Child Abuse measure of the stability of the lives of children in care.
Investigation Units tasked with investigating suspected
cases of child abuse.
Physical abuse
Physical abuse takes many forms. Children are prone to
Safeguarding children and young injury as a result of accident and play and sports, and the
type and site of injury will relate to those factors as well
people as their age and mobility. Deciding whether an injury
In response to a number of high-profile deaths of chil- represents an accident or physical abuse can be chal-
dren, the Children Act 2004 imposed a duty on local lenging. A number of systematic reviews provide practi-
authorities to establish Local Safeguarding Children tioners with a reliable evidence base to assist in making
Boards, which have overall responsibility for deciding diagnoses of physical abuse. (See Boxes 18.1–18.6 which
how relevant organisations work together to safeguard summarise some of these findings.)
and promote the welfare of children in their areas. The prevalence, number and location of bruising
Where statutory child protection proceedings have relates to motor development. Non-abusive bruises tend
been initiated, then a local authority social care worker to be small, sustained over bony prominences, and found
is tasked with taking the lead in supporting and safe- on the front of the body (Figure 18.1a and b). In children
guarding the child. Serious case reviews are undertaken alleged to have been subject to abuse, bruising is com-
when a child dies or is seriously injured, and abuse or mon. Certain parts of the body are particularly vulner-
neglect are known or suspected to be factors in the able. Significantly more children with physical abuse
death. They are carried out under the auspices of Local had bruises, and had significantly more sites affected.
Safeguarding Children Boards so that lessons can be The odds of a physically abused child having bruising to:
learned locally. Children in care are children who are buttocks/genitalia, left ear, cheeks, neck, trunk, front of
‘looked after’ by a local authority under the Children thighs and upper arms were significantly greater than
Act 1989 and Social Services and Wellbeing Act 2014. in children where abuse was excluded. Petechiae, lin-
The term ‘looked-after children’ is utilised in both stat- ear or bruises with distinct pattern, bruises in clusters,
ute and guidelines. Looked-after children are those additional injuries or a child known to social services for
that are given accommodation away from their families previous child abuse concerns were significantly more
at the request of their parent and those in care as the likely in physical abuse. Figure 18.2 shows areas on the
result of a Care Order. The Looked-after Children ser- body where bruises were significantly more likely to
vice is responsible for children who cannot, for what- occur in a child with confirmed physical abuse than in
ever reason, live with their families. The service aims one where physical abuse was excluded.
Box 18.4 The main systematic review findings relating to infant and childhood
abusive head trauma (AHT)
• The spectrum of injuries seen in AHT includes although both types of intracranial haemorrhage
intracranial, cutaneous and possibly cervical liga- are equally likely to be present in non-abusive
mentous injury. head trauma.
• There may be associated fractures, such as rib or • Extradural haemorrhage (EDH) is strongly associ-
metaphyseal, although the presence of skull frac- ated with non-abusive head trauma.
tures is more commonly associated with non-abu- • With increasing sophistication in neuro-imaging,
sive head trauma. it is apparent that hypoxic ischaemic injuries in
• The predominant intracranial association is sub- association with SDH are strongly associated with
dural haemorrhage (SDH), typically multiple, bilat- AHT.
eral, and which may be interhemispheric, over the • Cerebral oedema and shear injury are also asso-
convexities or in the posterior fossa. SDH may be ciated with AHT, but intra-parenchymal injury is
accompanied by subarachnoid haemorrhage, equally likely in abusive or non-abusive injury.
(a)
(b)
Figure 18.4 Scar caused by application of heated cutlery
handle to lower limb and then moved across surface.
(c)
of children will provide no information. Examination characteristics may indicate both neglect and emo-
of a pre-pubertal girl alleging vaginal penetration some tional abuse, for example, age-inappropriate social
months earlier may have value. A male alleging historic skills (e.g., inability to use knife and fork), bedwet-
anal penetration with immediate pain and bleeding at ting and soiling, inability to self-dress, smoking, drug
the time may have persistent scarring. Review of medi- and alcohol misuse, sexual precocity and absenting
cal records of the individual at the time of the allega- from school. Certain features associated with possible
tions may provide helpful supportive evidence. neglect may be evident during assessment and physi-
The interpretation of physical signs found after cal examination and include unkempt child, ill-fitting
genito-anal assessment is a very difficult and complex or absent items of clothes, dirty or uncut nails, local skin
area. Most complainants of child sexual abuse have no infections/excoriations and low centiles for weight and
genito-anal abnormalities when examined after alleged height. However, some of these features may be seen in
sexual abuse. It is essential that precise and consistent normal, non-abused children. There may be a failure
terminology is used in the description of abnormality to thrive. There may be considerable geographical and
and injury so that abnormal findings are clearly under- cultural differences in the manifestation of such abuse.
stood (Box 18.7). The presence of certain infections may Certain groups of children are at particular risk of
have relevance in sexual abuse enquiries. The impli- emotional abuse such as unplanned or unwanted chil-
cations of these findings must be determined with an dren, looked-after children, children of the ‘wrong’
understanding of the context of presentation and a sex, children with behavioural issues and children in
detailed awareness of current research findings, and unstable or chaotic family settings. In the UK, emotional
may require additional expertise, for example, from abuse is most prevalent in 5 to 15-year-olds. Every prac-
genitourinary medicine or virology specialists. titioner should be aware of the particular risks and how
to identify matters of concern.
Neglect and emotional abuse
Childhood experiences, both positive and negative, Fabricated or induced illness in
have a tremendous impact on future violence victimi-
sation and perpetration, and lifelong health and oppor-
children
tunity. As such, early experiences are an important Fabricated or induced illness (previously known as
public health issue. Much of the foundational research Munchausen syndrome by proxy or factitious disorder
in this area has been referred to as Adverse Childhood by proxy) takes place when a caregiver elicits healthcare
Experiences (ACEs). As the implications of ACEs are on the child’s behalf in an unjustified way. It is a term
better recognised, research is identifying associations used to describe a relatively rare behavioural disor-
with features later in life such as non-suicidal injuri- der affecting a child’s primary caregiver, typically the
ous behavior. Additionally, a number of behavioural mother. The carer presents a false history or appear-
ance of illness for their child to healthcare profession-
als. Examples of how illness can be claimed, fabricated
or induced include manipulation of required drug regi-
Box 18.7 Features that may be seen in mens (e.g., in diabetics), suffocation and administration
sexual abuse of noxious substances (e.g., salt). Injury may be caused
to ears and eyes initiating otorhinolaryngological and
Genital erythema/redness/inflammation ophthalmological repeat referral. Such approaches
Oedema may result in the child presenting, or being presented
Genital bruising repeatedly to healthcare professionals with a range of
often inexplicable or puzzling symptoms. The motives
Genital abrasions
behind such behaviour are unclear, but psychiatric,
Hymenal transections mental health or attention-seeking problems may be
Hymenal clefts and notches associated with such behaviour. Management of the
Labial fusion perpetrator is largely dependent on their capacity to
acknowledge the abusive behaviour and collaborate
Vaginal discharge in pre-pubertal girls
with helping agencies.
Anal/perianal erythema
Perianal venous congestion Management of child abuse
Anal/perianal bruising The management of child abuse will depend on the
Anal fissures, lacerations, scars and tags type of abuse or abuses experienced and many other
Reflex anal dilatation factors such as their health, and where they are living.
Every jurisdiction will have its own legal requirements,
Elder abuse 253
having witnessed an incident of physical abuse by other British Medical Association. Children & Young People Toolkit.
members of staff. BMA London.http://www.bma.org.uk/support-at-work/eth-
The WHO estimates that at least 4 million people over ics/children/children-and-young-people-tool-kit (Accessed
60 years of age experience elder abuse in Europe in any 1 May 2019).
one year, with 2500 homicides due to maltreatment. The Care Act 2014 c.23. http://www.legislation.gov.uk/ukpga/2014/23
(Accessed 1 May 2019).
estimated prevalence of elder maltreatment in Europe is
Children Act 1989 c.41. http://www.legislation.gov.uk/
3% (0.4% for the UK), although it may be as high as 25% for ukpga/1989/41/contents (Accessed 1 May 2019).
‘vulnerable adults requiring care’, and ‘even higher’ for Children Act 2004 c.31. http://www.legislation.gov.uk/
nursing and residential home residents. Risk factors for ukpga/2004/31/notes/contents (Accessed 1 May 2019).
elder abuse and maltreatment can be seen in Box 18.8. Children’s Commissioner. Stability Index 2018. Overview and
As with child abuse, extreme vigilance is required so findings. https://www.childrenscommissioner.gov.uk/wp-
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evidence. https://www.rcpch.ac.uk/key-topics/child-protec- experiences and social support with self-injurious behaviour
tion/evidence-reviews (Accessed 1 May 2019). and suicidality in adolescents. Br J Psychiatry 2019;214(3):146–
Royal College of Paediatrics and Child Health and Royal College of 152.
Ophthalmologists. Abusive head trauma and the eye in infancy. Wang M, Sun H, Zhang J, Ruan J. Prevalence and associated fac-
London, UK: Royal College of Ophthalmologists. https://www. tors of elder abuse in family caregivers of older people with
rcophth.ac.uk/wp-content/uploads/2014/12/2013-SCI-292- dementia in central China: cross-sectional study. Int J Geriatr
ABUSIVE-HEAD-TRAUMA-AND-THE-EYE-FINAL-at-June-2013.pdf Psychiatry 2019;34(2):299–307.
(Accessed 1 May 2019). Watkeys JM, Price LD, Upton PM, Maddocks A. The timing of
Royal College of Paediatrics and Child Health, Faculty of Forensic medical examination following an allegation of sexual abuse:
and Legal Medicine. Guidelines on paediatric forensic exami- is this an emergency? Arch Dis Child 2008;93:851–856.
nations in relation to possible child sexual abuse. Lavenham: Welsh Government. Safeguarding. http://gov.wales/topics/
Lavenham Group; 2012. http://fflm.ac.uk/wp-content/ health/socialcare/safeguarding/?lang=en (Accessed 1 May
uploads/documentstore/1352802061.pdf (Accessed 8 2019).
December 2018). White C, McLean I. Adolescent complainants of sexual assault:
Royal College of Radiologists. Standards for radiological inves- injury patterns in virgin and non-virgin groups. J Clin Forensic
tigations of suspected non-accidental Injury: joint docu- Med 2006;13:172–180.
ment produced in collaboration with the Royal College of Young A, Grey M, Abbey A, et al. Alcohol-related sexual assault
Paediatrics and Child Health. London: RCR; 2008. https:// victimization among adolescents: prevalence, characteristics
www.rcr.ac.uk/audit/skeletal-surveys-non-accidental-injury and correlates. J Stud Alcohol Drugs 2008;69:39–48.
(Accessed 1 May 2019). Young JC, Widom CS. Long-term effects of child abuse and
Schilling C, Weidner K, Brähler E, et al. Patterns of childhood neglect on emotion processing in adulthood. Child Abuse
abuse and neglect in a representative german population Negl 2014;38(8):1369–1381.
sample. PLOS ONE 2016;11(7):e0159510.
Sethi D, Wood S, Mitis F, et al. European report on prevent-
ing elder maltreatment. Geneva: WHO; 2011. http://www.
Further general resources
euro.who.int/__data/assets/pdf_file/0010/144676/e95110. British Medical Association. Child protection: a toolkit for doc-
pdf?ua=1t (Accessed 1 May 2019). tors. 2010.
Sexual Offences Act 2003. http://www.legislation.gov.uk/ British Medical Association. Adult Safeguarding Ethics Toolkit
ukpga/2003/42/contents (Accessed 1 May 2019). https://www.bma.org.uk/advice/employment/ethics/adult-
Social Care Institute for Excellence (SCIE). The Care Act: safe- safeguarding-ethics-toolkit (Accessed 1 May 2019).
guarding adults http://www.scie.org.uk/care-act-2014/safe- Payne-James JJ, Byard RW. Encyclopedia of Forensic and Legal
guarding-adults/ (Accessed 1 May 2019). Medicine, 2nd ed. Oxford: Elsevier; 2016.
Social Services and Well-being (Wales) Act 2014 anaw 4. http:// Radcliffe P, Gudjonsson G, Heaton-Armstrong A (eds). Witness
www.legislation.gov.uk/anaw/2014/4/contents (Accessed Testimony in Sexual Cases. Oxford: Oxford University Press;
1 May 2019). 2016.
Sommers MS, Zink T, Baker RB, et al. The effects of age and eth- Royal College of Radiologists. Standards for radiological inves-
nicity on physical injury from rape. J Obstet Gynecol Neonatal tigations of suspected non-accidental injury: joint docu-
Nurs 2006;35:199–207. ment produced in collaboration with the Royal College of
Swinson S, Tapp M, Brindley R, et al. An audit of skeletal surveys Paediatrics and Child Health. London: RCR; 2008. https://
for suspected non-accidental injury following publication www.rcr.ac.uk/audit/skeletal-surveys-non-accidental-injury
of the British Society of Paediatric Radiology guidelines. Clin (Accessed 1 May 2019).
Radiol 2008;63:651–656. World Health Organisation (WHO) International Network for the
Tonmyr L, Mathews B, Shields ME, et al. Does mandatory report- Prevention of Elder Abuse (INPEA). Missing voices: views of
ing legislation increase contact with child protection? A legal older persons on elder abuse. Geneva: WHO; 2002. http://
doctrinal review and an analytical examination. BMC Public apps.who.int/iris/bitstream/handle/10665/67371/WHO_
Health 2018;18(1):1021. NMH_VIP_02.1.pdf?sequence=1 (Accessed 1 May 2019).
Tozzo P, Picozzi M, Caenazzo L. Munchausen Syndrome by Proxy:
balancing ethical and clinical challenges for healthcare pro-
fessionals. Ethical consideration in factitious disorders. Clin Ter
2018;169(3):e129–e134.
19 Transportation medicine
Introduction prescribed, and eight illicit, drugs were added into new
regulations that came into force in England & Wales.
All forms of transport on (air, water or land) may be Regulations on amphetamine came into force on 14th
associated with a risk of harm or injury to vehicle occu- April 2015. Table 19.1 shows the current UK levels for
pants and others. Particular environments render indi- these drugs permitted by law.
viduals at risk of specific types of injury. The incidence The assessment of the effects of drugs and alcohol on
of those risks may be well-established but are often a person’s ability to drive (in addition to a simple legal
substantially increased when other human factors are limit) is very important because of the variable response
taken into account, including lack of experience, expo- to the effects of alcohol and other substances. In many
sure, risk-taking behaviour, fatigue and the effects of cases, ‘driving under the influence’ may be confirmed
drugs and alcohol. by the ability, or failure, to pass standardised tests of
sobriety, or by a medical examination to determine
Transportation law whether the ability to drive may be impaired, follow-
Virtually every jurisdiction has laws which limit the ing preliminary impairment tests undertaken by police
speed at which vehicles can move, and the amount of personnel.
alcohol and/or drugs under which an individual is law- Such laws apply at the personal level (e.g., the indi-
fully deemed to be capable of safely controlling, or being vidual driving a car or a bicycle), at a management level
in charge of, a means of transportation. (e.g., the individual in charge of a subway station) and
The underlying principle of such laws is to increase at a corporate level (e.g., the senior officers in transport
public safety, and the safety of the individual. The companies such as sea ferries). In all cases, it is per-
faster a person is moving in a vehicle (whether in con- ceived that such individuals, or corporate bodies, may
trol of a vehicle or as a passenger), the greater the risk have a duty of care to those around them, whether as
of loss of control and collision, and the greater the private individuals (e.g., friends being given a ride to a
extent and seriousness of injury. The greater the degree party) or as paying clients (e.g., customers paying for
of intoxication, whether through drugs or alcohol, transport across the sea).
the greater the risk of loss of control. Legal limits are In England & Wales, The Transport and Works Act
established in most countries for maximum acceptable 1992 defines specific offences related to the use of alco-
levels of alcohol in blood, breath or urine. Currently, hol and drugs in transport systems, and defines the
in England & Wales, the maximum legal permissible powers that police have to investigate such matters,
blood alcohol concentration is 80 mg alcohol/100 mL including the power to take evidential breath, blood
of blood. Many consider this too high and believe that and urine tests.
it should be reduced to 50 mg alcohol/100 mL of blood This area of law is vast, and varies from jurisdiction
to bring it (and the equivalent breath and urine levels) to jurisdiction but, increasingly, legal action is being
into line with many countries in the rest of the world taken at a higher corporate level such that accountabil-
and, indeed in other parts of the UK where, for exam- ity is required throughout all levels of an organisation.
ple in Scotland, it is 50 mg alcohol/100 mL of blood. In The Corporate Manslaughter and Corporate Homicide
2012, the UK government announced a new offence Act 2007 came into force in 2008 and introduced a new
of driving with a specific controlled drug in the body offence across the UK: corporate entities (companies
above that drug’s accepted limit. The aim was to reduce and organisations) may now be prosecuted when there
expense, effort and time wasted from prosecutions that has been a gross failing, throughout the organisation,
fail because of difficulties proving a particular drug in the management of health and safety, where such a
impaired a driver. On 2nd March 2015, eight generally failure has fatal consequences.
258 Transportation medicine
Table 19.1 Drug levels permitted by law when driving a motor vehicle in the UK
‘Illegal’ drugs (‘accidental exposure’ – zero Threshold limit in microgrammes
tolerance approach) per litre of blood (µg/L)
benzoylecgonine 50
cocaine 10
delta-9-tetrahydrocannabinol (cannabis) 2
ketamine 20
lysergic acid diethylamide 1
methylamphetamine 10
methylenedioxymethamphetamine (MDMA) 10
6-monoacetylmorphine (heroin) 5
‘Medicinal’ drugs (risk based approach) Threshold limit in blood (µg/L)
clonazepam 50
diazepam 550
flunitrazepam 300
lorazepam 100
methadone 500
morphine 80
oxazepam 300
temazepam 1,000
Separate approach (to balance its risk) Threshold limit in blood (µg/L)
amphetamine 250
Transportation ‘under the influence’ The nature and purpose of medical assessments of
the intoxicated driver varies in detail from jurisdiction
In general, two types of offence are committed when to jurisdiction. Generally, however, the medical assess-
under the influence of alcohol or drugs. The first is where ment of an individual’s ability to drive a motor vehicle is
relevant maximum permissible alcohol concentrations established by undertaking a full history and examina-
have been prescribed and an individual is found to tion and reviewing certain physical and eye signs (see
exceed that prescribed concentration. Secondly, in many Figure 19.1). Previously used tests to assess intoxication
jurisdictions, it is the effect that alcohol (or drugs) has have been shown to have no solid evidence-base.
on the ability to drive properly that is assessed. Initial The aim of the physical medical examination is pri-
screening may be carried out by law-enforcement offi- marily to determine whether there is any medical con-
cers at the scene of an alleged offence or accident, using dition (either longstanding or temporary) which might
‘field impairment tests’. account for the individual’s actions and behaviour. The
Evidential breath alcohol machines are used to take examination may then determine: (1) whether the indi-
breath samples and, if for some medical reason (e.g., vidual’s ability to drive a motor vehicle is impaired; and
asthma, oral trauma) it is not possible for an individual (2) which drug/substance is causing this impairment;
to provide a sample, a blood or urine sample must be and (3) whether there is a medical reason for the indi-
sought. The experience in all jurisdictions is that indi- vidual’s apparently impaired status (e.g., neurological
viduals (who might suspect they exceed the relevant disorder, psychiatric disorder). Increasingly, certain
legal limit) may provide a variety of reasons for not pro- procedures that measure psychomotor function and
viding relevant samples (e.g., previously undiagnosed ‘divided attention tests’ are used.
asthma, needle phobia) and, although some of those Previously, ‘Divided attention tests’, which assess
reasons may be valid, many have been tested in court an individual’s balance and coordination, as well as the
and found wanting. ability to follow simple instructions, include the ‘walk
Transportation ‘under the influence’ 259
(a)
Figure 19.1 (a) and (b) Impairment tests for ‘driving under the influence’ cases. (Taken from Faculty of Forensic & Legal
Medicine. Proforma – Section 4 RTA Assessment [England, NI and Wales], 2016.) (Continued)
260 Transportation medicine
(b)
Figure 19.1 (Continued) (a) and (b) Partial proforma for assessments (alcohol & drugs) under England & Wales
road traffic legislation. These pages identify the relevant medical consultation and examination details.
(Taken from the Faculty of Forensic & Legal Medicine ‘Assessments (alcohol & drugs) under the RTA – 2019’
[https://fflm.ac.uk/wp-content/uploads/2019/08/Section4_RTAform_Jun19.pdf].)
Personal transport and road traffic injuries 261
(a) (b)
Figure 19.2 (a) A pedestrian struck by the front of a car may be projected forwards or lifted onto the vehicle; (b) ‘bum-
per injuries’ including a compound fracture of the right lower leg, and laceration of the left shin probably following
primary impact to this pedestrian’s right leg. ([b] Reproduced with permission from Saukko P and Knight B. Knight’s
Pathology 4E, London, CRC Press, 2016.)
Figure 19.3 At speeds of over 23 kph (15 mph) a pedestrian can be ‘scooped up’ onto a car, suffering head injuries on
impacting the windscreen. They may then fall off sideways or, at higher speeds, be thrown over the roof. (Reproduced
with permission from Saukko P and Knight B. Knight’s Pathology 4E, London, CRC Press, 2016.)
Even in the absence of skull fracture, traumatic externalised, internal organs may be ruptured and
brain damage, including traumatic axonal injury, is there may be fractures of the spine. Compression of the
frequently observed in fatally injured pedestrians. This chest may result in multiple rib fractures, causing a ‘flail
occurs as a consequence of the rotational, deceleration chest’. The rotation of the wheel may strip off large areas
forces produced when the rapidly moving head is sud- of skin and subcutaneous tissue; this is called a ‘flaying
denly stopped at impact, leading to ‘shearing’ injuries injury’ (Figure 19.4). On occasion, patterned injuries are
to the brain and its coverings. Fractures of the spine, recognised on the skin surface bearing the characteris-
especially in the cervical and thoracic segments, may tics of tyre-treads (Figure 19.5).
lead to cord damage. Fractures of the limbs are common
but, apart from those of the legs that are associated with
the primary impact sites, they are somewhat unpredict-
able because of random ‘flailing’ of the limbs following
primary impact.
When an adult is struck by a larger vehicle, for exam-
ple a van, a 4 × 4, a sport utility vehicle (SUV), truck or
lorry, or when a small child is struck by any vehicle, the
typical lower limb primary contact injury site tends to
be ‘higher up’ (pelvis, abdomen, chest or head). It is
likely that the victim will make contact with more of
the front of the vehicle or be projected along the line of
travel of the vehicle and ‘run-over’.
‘Run-over’ injuries are relatively unusual and the Figure 19.4 Pedestrian leg injury from a rotating
effects are variable, depending on the area of the body wheel resulting in ‘flaying’ of the skin. (Reproduced
involved, the weight of the vehicle and the surface area ermission from Saukko P and Knight B. Knight’s
with p
of the contact. The skull may be disrupted and the brain Pathology 4E, London, CRC Press, 2016.)
Personal transport and road traffic injuries 263
Vehicle occupants
Most road traffic collisions involve the front, or the front
corners, of the vehicle and a high percentage of impacts
are against either another vehicle or a stationary object.
This type of impact rapidly decelerates the vehicle. Less
commonly, the vehicle is hit from behind, causing an
‘acceleration’ impact. The least common impacts are
side impacts and ‘roll-overs’.
Many countries have legislation regarding the
requirement to wear seat belts, both in the front and
back of moving vehicles.
Figure 19.6 shows 2011 data which identify those
countries with seat belt legislation.
Substantial evidence of seat belt efficacy has been
shown by several studies, and it is widely recommended
that motor vehicle occupants use properly-fitted seat
belts. However, some countries with national seat belt
laws permit various exemptions which may lower use
rates. Unrestrained front-seat occupants in a vehicle
subjected to rapid deceleration during a collision will
continue to move forwards as the vehicle decelerates
Figure 19.5 Intradermal bruising reflecting the pattern of around them, and will impact those parts of the vehi-
a vehicle tyre tread. Note that the bruising is in the ‘val- cle that are in front of them. The degree of injury sus-
leys’ and not the ‘hills’ in the tread. Scaled photographic tained by the occupant is very much dependent on the
documentation of such a patterned injury will allow vehicle’s speed at the moment of impact, its deforma-
future comparisons to be made between it and the tread tion properties and the structure of the part (or parts)
pattern of a suspect vehicle. (Courtesy of Richard Jones.) of the vehicle being impacted by the occupant (Box 19.1,
Figures 19.7–19.9).
Where the risk of pedestrian and other road-related The unrestrained rear-seat passenger is also liable to
fatalities and serious injuries has been treated as a pub- injury through either deceleration or acceleration. The
lic health and social issue, educating the public, par- injuries, in general, may not be as severe as those caused
ticularly children and young people, has resulted in a to the front-seat occupants. In a deceleration impact, the
significant reduction in pedestrian and other fatalities. rear-seat passengers will be thrown against the backs of
Figure 19.6 The State of Seat belt Legislation Worldwide. (Courtesy of the World Health Organisation.)
264 Transportation medicine
Cervical spine
injury
Face and
head injury
Steering wheel
impact
Comprehensive
Comprehensive/no standard
Not comprehensive/no law
Data not available
Not applicable
Figure 19.11 Map showing which countries have motorcycle helmet laws and helmet standards in 2013. (Courtesy of
the World Health Organisation. The State of Seatbelt Legislation Worldwide https://www.who.int/gho/road_safety/
legislation/seat_belt/en/)
Aviation incident-related injury and fatalities 267
and bridges crossing them are a common site for suicide A careful search for unusual injuries inconsistent
attempts and there have been many initiatives to try and with the setting, and examination for a vital response
reduce the incidence of this type of suicidal behaviour. to the severe blunt force injuries, should be made, as
It is important to remember that railway employees may homicides may be concealed by staging the scene, with
be considerably affected by rail deaths and they should the deceased being placed on the rail track in an attempt
be provided with appropriate support and counselling. to conceal the true cause of death.
Medically, there is nothing specific about railway Railway workers may be injured or killed by falling
injuries except the frequency of very severe mutila- under, or by being struck by, moving rolling stock or by
tion. The body may be in many pieces and soiled by axle being trapped between the buffers of two trucks while
grease and dirt from the wheels and track, and local uncoupling or coupling the rolling stock. The injuries
vegetation. Where passengers fall from a train at speed, associated with the squeezing between rolling stock are
multiple injuries caused by repeated impacts and roll- often those of a flail chest, with or without evidence of
ing may be seen, often with multiple abrasions from traumatic asphyxia (See also Chapter 11).
contact with the coarse gravel of the railway line bal-
last. It is generally very difficult to be able to determine Aviation incident-related injury and
the sequence of events because of the severe damage to
the body. fatalities
Suicides on railways fall into two main groups: those Aviation incidents can be divided into two main
who lie on the track (sometimes placing their neck groups: those which involve the crew and the large num-
across a rail so that they are decapitated) and those bers of passengers of a modern, commercial aircraft,
who jump in front of a moving train from a platform, and those which involve the occupants of small, rela-
bridge or other structure near to the track. Jumping from tively slow, light aircraft. Additional, but much smaller,
a moving train is much less common. The injuries pres- groups include those involving ultralight aircraft and
ent will depend on the exact events, but they are usually paragliders. More recently consideration has been given
extensive and severe when there has been contact with a to injuries sustained by impact from unmanned aircraft
moving train, although they may be localised with black systems (drones). Skull fractures and ocular globe rup-
soiling at the crushed decapitation or amputation site if tures have been reported.
the individual has lain across the track (Figure 19.12). Large aircraft are pressurised and, if the integrity of
There is a risk of secondary injury if survival occurs the cabin is breached, there can be rapid decompression
where other factors such as electrified lines are pres- and the passengers may suffer barotrauma. If the defect
ent. On electrified lines, an additional cause of suicidal in the cabin is large enough, victims may exit through
or accidental injury or death is present in the form of the defect and fall to their death. When an aircraft hits
electric shock from either a live rail or overhead power the ground, the results will depend on the rapidity of
lines. The voltage in these circuits is high, often in the transfer of the forces, and this is dependent on the speed
region of 600 V. Death is rapid and often associated with of the aircraft and the angle of impact. If the forces are
severe burns at the points of contact or earthing (see very severe, all passengers may be killed by deceleration
also Chapter 12). injuries and by multiple trauma owing to loss of integ-
rity of the fuselage.
In lesser impacts, the results may be similar to those
of motor vehicle crashes, although the forces are usually
greater and the injuries sustained are proportionately
more severe. The usual lap-strap seat belt offers little
protection in anything but the most minor accident. Fire
is one of the greatest hazards in air crashes and accounts
for many deaths.
In light and ultralight aircraft crashes, the velocity,
and hence the forces, may be less than in large com-
mercial aircraft, but they are still often fatal. In some
cases, the pilot may be separated from the aircraft and
without a parachute the injuries are those that would
be expected with a fall from a substantial height. The
investigation of air accidents is a task for specialist
medical personnel, who are often available from the
Figure 19.12 Traumatic amputation of the right arm and national air force or from a civil authority. There should
bruising of the face and chest in a pedestrian struck by a always be a full autopsy on the pilot or suspected pilot,
passing train. with full microscopic and toxicological examination to
268 Transportation medicine
exclude natural disease, intoxication by drugs and alco- musculoskeletal and back injuries recorded. Kitesurfing
hol, and carbon monoxide toxicity. These findings will is a relatively new sport and kite surfers are at risk of
be included in the overall assessment of the incident injury in a number of ways. Research has shown that
which will include consideration of the activities prior the injury rates may be influenced by the nature of the
to the incident and the condition and performance of kitesurf equipment used.
the aircraft. Motor-powered vessels may cause injury from explo-
sion or fire, and those in the water may sustain injury
from rotating propellers.
Marine fatalities Commercial vessels may cause their own specific
Fatalities in the marine setting embrace a range of problems, such as asphyxiation in storage tanks or falls
marine-specific and general injury types. The range of from heights. Most of these scenarios are of an indus-
activities include commercial diving, recreational div- trial/occupational nature and may involve potential
ing, use of powered water sport bikes, sailing, motor breaches of health and safety legislation. In the UK, the
cruising and commercial marine transport (e.g., oil Marine Accident Investigation Branch (MAIB) examines
tankers, container ships, passenger vessels). The likeli- and investigates all types of marine accidents, involving
hood of dying in a marine environment is enhanced by UK ships worldwide, and other ships in UK territorial
not wearing appropriate safety gear. In the recreational waters, and publishes regular reports on its findings.
setting, fatalities occur when individuals fall from ves- Marine life may also cause injury. In the US since
sels and drown, or succumb to hypothermia, or cannot the 1900s, there have been ∼5000 shark attacks of
be recovered back on board. which ∼1200 were fatal. Fatalities were associated with
Physical injuries in recreational sailing are wide- swimming, boating, three or more bites, limb loss or
spread and examples include those of suffering direct tiger shark attack. The most common attacks involved
trauma (e.g., to the head or neck following uncontrolled bites to the legs or arms with limb loss occurring in 7%
gybe; Figure 19.13), loss of digits or limbs when caught up of attacks.
in winches or anchor cable, limb or skull fractures from The majority of transportation injuries and fatalities,
direct impact from flailing blocks, and friction burn whether related to air, sea or land would be reduced if
injury from uncontrolled rope movement. Drowning appropriate public health and education messages were
may occur from being trapped after inversion of the given and reinforced to the public. Many are avoidable,
vessel (see also Chapter 13). Between 2000 and 2011, the and many are predictable.
US Coastguard reported 271 sailing-related fatalities
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20 Torture and cruel, inhuman
and degrading treatment
▪▪ Introduction ▪▪ The Istanbul Protocol
▪▪ Definitions ▪▪ Bibliography and information sources
▪▪ Investigation ▪▪ Further general resources
and effects, of different types of torture. Interpretation of so (see also Chapter 17). It is also essential to distinguish
findings must be balanced and non-biased, and requires between acute (recent) injury and old injury which may
appropriate knowledge of published information which be manifest as marks or scars, and to distinguish between
should be interpreted critically in the light of documented injury, marks and scars that are due to ill-treatment,
findings. Numerous publications have explored the and those that are caused by other factors (e.g., culture,
nature and patterns of ill-treatment and torture, allow- employment, sports and accident). The phrase ‘absence
ing regional and geographical differences to be reviewed. of visible evidence of maltreatment is not evidence of
Many m ethods of ill-treatment and torture methods absence of maltreatment’ is appropriate, which is why
(including sensory deprivation – isolation/blindfolding, the assessment must be as thorough and complete as the
beating – fists, sticks, truncheons, whipping – electric circumstances allow. Figures 20.1–20.5 provides some
cords, rape, suspension, falaka, electric shocks, sharp example of visible evidence of maltreatment or torture
force injury, burning) are used. The objective interpreta- (see also Chapter 8).
tion of findings is crucial, to best assist the complainant
of ill-treatment, so that the evidence is accepted as being
accurate by whichever body (e.g., prison, court, tribunal,
judge) is going to rely on it in their deliberations. This is
important because, although the accounts for marks or
scars given by victims may be true, they can sometimes
be false. If false, this may be as a result of an intention to
mislead the examiner and courts, poor recall, or misin-
terpretation due a variety of causes (e.g., mental health
issues). The body adjudicating on the medical assessment
will find it easier to accept findings and conclusions if the
examiner is clearly seen to be independent and unbiased.
The methods used may leave minimal or no evidence, Figure 20.2 Amputation of digit (right thumb). Note neat
and any injuries that are produced may heal without scars suggesting involvement of someone with medical
visible evidence. This has particular relevance to sexual skills.
assault, where penetrative sexual contact only has vis-
ible evidence in a minority of cases, and that acute injury
(whether to anus or vagina) often heals within 72 hours or
Figure 20.1 Multiple tramline bruises from whipping Figure 20.4 Scarring to penile shaft from cigarette
with an electrical cable. burns.
274 Torture and cruel, inhuman and degrading treatment
Kuehler BM, Childs SR. One stop multidisciplinary pain clinic for Prip K, Persson AL. Clinical findings in men with chronic pain after
survivors of torture. Pain Manag 2016;6(5):415–419. falanga torture. Clin J Pain 2008;24:135–141.
Lunde I, Ortmann J. Prevalence and sequelae of sexual torture. Raghavan SS. Cultural considerations in the assessment of
Lancet 1990;336:289–291. survivors of torture. J Immigr Minor Health 2019;21(3):586–595.
Lustig SL, Kureshi S, Delucchi K, et al. Asylum grant rates follow- Sanders J, Schuman MW, Marbella AM. The epidemiology of tor-
ing medical evaluations of maltreatment among political ture: a case series of 58 survivors of torture. Forensic Sci Int
asylum applicants in the United States. J Immigr Minor Health 2009;189:e1–e7.
2008;10(1):7–15. Savnik A, Amris K, Rogind H, et al. MRI of the plantar structures
Marsh N. The photography of injuries. In: Gall J, Payne-James JJ of the foot after falanga torture. Eur Radiol 2000;10:1655–1659.
(eds). Current Practice in Forensic Medicine. Oxford: Wiley; 2011, Taylor B, Carswell K, Williams AC. The interaction of persistent
159–190. pain and post-traumatic re-experiencing: a qualitative study
Meana JJ, Morentin B, Idoyaga MI, Callado LF. Prevalence of sexual in torture survivors. J Pain Symptom Manage 2013;46(4):
torture in political dissidents. Lancet 1995;345:1307. 546–555.
Moisander PA, Edston E. Torture and its sequel: a compari- Thomsen AB, Eriksen J, Smidt-Nielsen K. Chronic pain in torture
son between victims from 6 countries. Forensic Sci Int survivors. Forensic Sci Int 2000;108:155–163.
2003;137:133–140. Torp-Pedersen S, Matteoli S, Wilhjelm J, et al. Diagnostic accuracy
Moreno A, Grodin MA. Torture and its neurological sequelae. of heel pad palpation: a phantom study. J Forensic Leg Med
Spinal Cord 2002;40:213–223. 2008;15:437–442.
Morentin B, Idoyaga MI, Callado LF, Meana JJ. Prevalence and Tsai AC, Eisa MA, Crosby S, et al. Medical evidence of torture
methods of torture claimed in the Basque Country (Spain) and other human rights violations in Darfur. PLoS Med
during 1992–3. Forensic Sci Int 1995;76:151–158. 2012;9(4):e1001198.
Morgan E, Wieling E, Hubbard J, Kraus E. The development United Nations. Istanbul Protocol: Manual of the effective investiga-
and implementation of a multi-couple therapy model with tion and documentation of torture and other cruel, inhuman or
torture survivors in the Democratic Republic of the Congo. degrading treatment or punishment, 2004. https://www.ohchr.
J Marital Fam Ther 2018;44(2):235–247. org/Documents/Publications/training8Rev1en.pdf
Payne-James JJ. Rules & scales used in measurement in the foren- Unuvar U, Ulas H, Fincanci SK. Diagnosis of torture after 32 years:
sic setting. Forensic Sci Med Pathol 2012;8(4):482–483. assessment of three alleged torture victims during the 1980
Peel M, Hughes J, Payne-James JJ. Post inflammatory hyper- military coup in Turkey. Forensic Sci Int 2014;244:e42–47.
pigmentation following torture. J Clin Forensic Med 2003;10: Wenzel T, Mirzaei S, Nowak M. Assessment of sequelae of torture
193–196. for refugees in host countries. Lancet 2016;387(10020):746.
Perera C, Verghese A. Implementation of Istanbul protocol for Williams A de, Pena CR, Rice ASC. Persistent pain in survivors
effective documentation of torture: review of Sri Lankan per- of torture: a cohort study. J Pain Symptom Manage 2010;40:
spectives. J Forensic Leg Med 2011;18(1):1–5. 715–722.
Perera P. Physical methods of torture and their sequelae: a Sri
Lankan perspective. J Forensic Leg Med 2007;14:46–50.
Pérez-Sales P, Morentin B, Barrenetxea O, Navarro-Lashayas Further general resources
MA. Incommunicado detention and torture in Spain, Part Payne-James JJ, Beynon J, Nuno Vieira D. Monitoring Detention,
II: Enhanced credibility assessment based on the Istanbul Custody, Torture and Ill-treatment: A Practical Approach to
Protocol. Torture 2016;26(3):8–20. Prevention and Documentation. Boca Raton: CRC Press; 2017.
21 Principles of forensic
science and crime scene
investigation
▪▪ What is forensic science? ▪▪ Blood pattern analysis
▪▪ Locard’s exchange principle ▪▪ Damage assessment
▪▪ Scene examination ▪▪ Fingerprints
▪▪ Evidence recovery ▪▪ Footwear
▪▪ Chain of custody ▪▪ Trace evidence
▪▪ Sample analysis ▪▪ Bibliography and information sources
Box 21.1 Locard’s exchange principle Box 21.2 Does the ‘CSI effect’ exist?
‘The truth is that none can act with the inten- The American TV crime drama ‘CSI: Crime Scene
sity induced by criminal activities without Investigation’ aired in the USA for the first time in
leaving multiple traces of his passing. […] The 2000, and became popular worldwide. The portrayal
clues I want to speak of here are of two kinds: of forensic science and forensic scientists was highly
Sometimes the perpetrator leaves traces at stylised for dramatic effect; forensic science was the
a scene by his actions; sometimes, alterna- ‘star of the show’. Soon after its appearance, how-
tively, he picked up on his clothes or his body ever, the media started to refer to the ‘CSI effect’ to
traces of his location or presence.’* describe the alleged adverse effects of the portrayal
of forensic science in the drama on the expecta-
‘Wherever he steps, wherever he touches, tions of jurors in the criminal justice system, which
whatever he leaves, even without conscious- favoured defendants in cases where forensic evi-
ness, will serve as a silent witness against him. dence was absent, or where there were uncertainties
Not only his fingerprints or his footprints, but or ambiguities in the forensic evidence presented
his hair, the fibers from his clothes, the glass to them. Although some commentators question
he breaks, the tool mark he leaves, the paint whether the ‘CSI effect’ is real, the potential effect of
he scratches, the blood or semen he deposits misrepresentation of forensic science in the popu-
or collects. All of these and more, bear mute lar media has important implications for the way in
witness against him. This is evidence that does which the forensic science community in general,
not forget. It is not confused by the excite- and forensic practitioners individually, communicate
ment of the moment. It is not absent because the utility, reliability and limitations of forensic evi-
human witnesses are. It is factual evidence. dence in legal proceedings.
Physical evidence cannot be wrong, it cannot
perjure itself, it cannot be wholly absent. Only
human failure to find it, study and understand
it, can diminish its value.’†
Evidence recovery
At a scene, however large or small, once items of forensic
interest are found, they are recorded appropriately and
assigned an affidavit or exhibit number. They are usually
given the initials of the person responsible for the item
being ‘seized’ (very often an exhibits officer) followed by
a sequential number, for example ‘JDM.1’. The item is
usually photographed before being removed carefully,
so as not to disturb the relevant evidence, and pack-
aged. There are a number of different types of packag-
Figure 21.2 Sealed and labelled weapon tube
ing that can be used for different items. Paper sacks are
containing a bloodstained knife.
used for clothing because, if the item is slightly damp,
(Courtesy of Manlove Forensics Ltd.)
this allows moisture to pass through. Plastic bags can be
used for items such as cigarette ends. Plastic tubes that
item and the time and date of seizure. The label is then
screw together are used for sharp items such as knives or
signed by the person who seized the item (Figure 21.3).
screwdrivers; these are known as weapons tubes (Figure
See Box 21.4 to learn more about what the work of a
21.2). Cardboard boxes can also be used for such items
forensic scientist entails.
with plastic ties to secure the item in place.
If there is no exhibit label integral with the bag, a
separate label will need to be filled out and secured to Chain of custody
the packaging containing the item. This contains details Once an exhibit has been created, each time it is trans-
describing the item, its origin, the person seizing the ferred from one place to another the details need to be
Box 21.3 The discovery of modified human remains at a scene: The ‘acid bath
murders’
The complete disposal of a dead body, leaving no trace Haigh told police ‘Mrs. Durand-Deacon no lon-
for forensic experts to effect an identification of the ger exists. She has disappeared completely, and no
remains, has proved elusive for many murderers; Haigh trace of her can ever be found. I have destroyed her
planned to evade justice for the murder of Olive Durand- with acid … how can you prove murder if there is no
Deacon in 1949 by dissolving her body in sulphuric acid. body?’. He describes having shot her through the back
Examination of yellow, greasy sludge-soaked earth of the head – there were blood stains on a wall in the
from his workshop in Crawley, West Sussex, England, workshop in keeping with the scenario – and putting
revealed dentures, human gallstones, most of a left her body in a 40-gallon drum, returning over the fol-
foot, fragments of human bone, part of a plastic hand- lowing day to empty the drum’s contents outside the
bag, and a lipstick case top. workshop before adding more acid. He pleaded guilty
At trial, the forensic pathologist, Keith Simpson, to murder but his defence was that he was insane at the
stated that he considered that the human remains time of the killing. A psychiatrist called for the Defence
belonged to a single person, and that a pelvic bone frag- admitted that Haigh knew that what he did was pun-
ment had female characteristics, the better-preserved ishable by law, and he was convicted and executed.**
bones showed ‘senile change’, and that the bones were
of an ‘elderly woman’. The damage to the remains could Source: Simpson K. The acid-bath murder(s). R v John George
have been caused by immersion in sulphuric acid. He Haigh. The Police Journal 1950;23:190–202; Lord
could not determine cause of death. Mrs. Durand- Dunboyne. The trial of John George Haigh (The acid bath
murder). Notable British Trials Series. William Hodge & Co.
Deacon’s dentist confirmed that the dentures were hers.
Ltd., London UK 1939 (138–140).
Sample analysis 279
Sample analysis
DNA analysis
What is DNA profiling?
Within most cells in the body, there is a nucleus contain-
ing 23 pairs of chromosomes which package the double
Figure 21.3 A typical exhibit label detailing the unique helical structure of the DNA molecule. Normally, the
item number, the item description, the details of where nucleus will consist of 22 autosomes and two sex chro-
the item was recovered, the time and date on which the mosomes; two Xs in females, and an X and a Y in males.
item was recovered and the details of the person who The DNA molecule is made up of a sugar-phosphate
recovered the item. (Courtesy of Manlove Forensics Ltd.) backbone with four different attached nucleic acids
Box 21.4 A typical day in the life of a senior forensic scientist in the UK
As a senior ‘reporting’ forensic biologist I manage appropriately, and to ensure that a full interpretation
between 10 and 20 cases on a typical day, including and evaluation of the findings can be undertaken in
sexual assaults, homicide, assaults, and often a ‘cold due course.
case’ where new techniques can be employed on Once the examination of the exhibits in a case has
original exhibits/samples in order to detect a histori- begun, I view the items in question in conjunction
cal, unsolved crime. At any time during the day routine with the forensic examiner making the initial examina-
work can be interrupted by requests to deliver urgent tion under my supervision. In a suspected homicide
reports, give advice or attend a scene or a court. this may require the examination of an exhibit, such
On any given day, the cases I am dealing with are as a weapon or items of clothing, for the presence of
likely to be at different stages and require different bloodstaining. A visual examination of the item is made
tasks to be undertaken at any time. One of the first using varied light sources and, if necessary, low-power
tasks of the day I undertake as a priority is to set a strat- microscopy in order to detect microscopic traces of
egy for any new case I am allocated. I receive a submis- blood, supplemented by presumptive chemical testing
sion form from the police that gives a summary of the of stains of interest.
circumstances surrounding an incident, a list of the Depending on the case, some exhibits may require
exhibits submitted and a request detailing what the an examination for the presence of hairs, saliva, fae-
police aim to prove by the examination of the items ces or urine, and joint examinations may be necessary
submitted. I review the information and the examina- where the presence of other types of trace evidence
tion request and, if necessary, contact the police for requires consideration by another forensic specialist.
any further information or for additional exhibits that When the initial examinations have been under-
I believe are necessary to undertake the examination taken, I examine the items myself, and review and
(Continued)
280 Principles of forensic science and crime scene investigation
Box 21.4 (Continued) A typical day in the life of a senior forensic scientist in the UK
confirm the initial findings made by the forensic exam- regarding the circumstances of the incident as known
iner. I will then make key decisions to progress the at that time. Often the information provided at the
case, such as the selection of relevant blood/body fluid early stage of the investigation will be limited, and that
stains for DNA profiling analysis, or the interpretation from witnesses may be incorrect, so keeping an open
of the nature and distribution of any blood present in mind when interpreting the scene is essential.
order to comment as to how the blood was deposited At many scenes involving the discovery of a body, I
on the item. For example, in a case where it is alleged a will initially work closely with a Home Office Pathologist
person was kicked or stamped upon, I may be able to and Crime Scene Investigators to ensure that relevant
comment as to whether the nature and distribution of trace evidence is recovered from the body, and that
bloodstaining on an assailant’s footwear is indicative of any blood patterns are observed and documented
the wearer having kicked or stamped on an individual. I with the body in situ. Depending on the type of scene,
may need to assess the presence of any textile damage I may work closely with other experts. For instance, in
to a garment, for example, to determine if a garment cases where an attempt has been made to conceal a
had been cut or torn, and I may have to establish if any murder by setting fire to the scene, I will work closely
stab cuts are present and establish if a particular imple- with the expert in fire investigation in order to examine
ment could have caused damage to a garment. the scene in a coordinated, sequential manner so that
A great deal of time is spent reviewing analytical no potential evidence is compromised or overlooked.
results and compiling reports or statements for court, On completion of the scene examination, I ‘debrief’
as well as reviewing other scientists’ strategies, reports the crime scene manager and/or the investigating offi-
and statements. Such peer review is essential for qual- cer on my interpretation of the bloodstain patterns at
ity assurance purposes, and forms part of the formal the scene, and offer advice as to which exhibits ought
quality assurance system in which forensic scientists in to be submitted to the forensic science laboratory as a
my organisation operate (including the accreditation priority to assist the investigation.
standards for laboratories – ISO 17025 – and for crime The police will normally submit key exhibits in rela-
scene investigation – ISO 17020). tion to the scene to be examined immediately in order
Once all the examinations and analyses are com- to assist in the charging of a suspect or to identify an
pleted in a case, I write an evidential statement or a assailant if the case is undetected. This will require the
report detailing the findings and offer any interpreta- examinations and any DNA profiling tests undertaken
tion if possible. Reports are initially sent to the police to be completed within 48 hours of submission to the
informing them of the results obtained, however, if laboratory. One of the most satisfying aspects of my job
the case proceeds to trial an evidential statement will is obtaining a DNA profile from a sample and obtain-
need to be provided, providing a full evaluation of the ing a match on the National DNA Database, allowing
findings, documenting the continuity of exhibits, and the police to apprehend an assailant for a violent crime
containing explanations of the techniques employed in who until then was unknown to the investigation.
the case. In some cases, the version of events given by Periodically, I am required to attend court to
the victim and suspect may differ, and I may be able to give evidence in a trial, which involves travelling to
offer an opinion in my statement as to whether or not a court which is usually in the region in which the
the scientific findings offer scientific support in favour crime occurred. When giving expert forensic science
of one of the versions of events over the other. evidence, I will be expected to explain complex scien-
Every six weeks I will be on call 24 hours a day for tific methods and evidence in ‘layman’s terms’ to the
one week in order to respond immediately to any court, and I can expect to be subjected to cross exami-
request to attend a crime scene, which may be indoors nation by the defence in which I may have to consider
or outdoors. The request will usually require the inter- alternative hypotheses for my findings or robustly
pretation of bloodstain patterns at the scene in order defend my interpretation and conclusions.
to shed light on the events that led to the death of
Andrew Parry BSc (Hons)
the individual(s) and to offer advice on the recovery of
Senior Reporting Forensic Scientist
trace evidence at the scene. Prior to entering the crime
Cellmark Forensic Services
scene, I will usually attend the police station where the
Abingdon, UK
investigation is being run, and will be ‘briefed’ by the
(http://www.cellmarkforensics.co.uk/)
police crime scene manager or the investigating officer
Sample analysis 281
that pair with a complementary chain to produce the The loci that are amplified vary in the number of
double helix. One chromosome of each pair is inherited repeats that are commonly encountered and so a range
from the mother and the other from the father. DNA in size and thus molecular weight exists. The sample is
is also present in mitochondria, which are organelles subjected to capillary electrophoresis in a genetic analy-
located in the cell cytoplasm; this latter DNA is inherited ser across a high potential difference. This means that
through the maternal lineage. the low molecular weight alleles pass through the cap-
Currently, the most common type of DNA profiling illaries and are detected more rapidly than those of a
utilises the fact that there are short regions, normally higher molecular weight. As each of the STR alleles have
consisting of between three to five nucleotides in length, been tagged with a fluorescent dye, they are detected
repeated a variable number of times along a chromo- as they pass a laser detector. The time of detection,
some. These are called short-tandem repeats (STRs). calibrated against a molecular weight standard, and
They are generally believed to be non-coding and are the particular dye label enables a range of STRs to be
conserved from generation to generation. The number of analysed in the same sample. As each allele passes the
repeats gives the name to the STR variant (the allele) on laser, it registers as a peak in intensity of the fluorescent
the chromosome and varies between individuals. The dye. This is translated into an electropherogram (EPG)
range of variation is relatively low and, individually, which represents a DNA profile as a series of peaks along
each allele occurs quite commonly (generally between a graphical line (Figure 21.4).
5 per cent and 40 per cent of the population). A person If a profile has been obtained from a crime scene
can have the same (homozygous) or different STR alleles sample such as a blood stain, it can then be compared
(heterozygous) at each region (locus) that is analysed. with a reference sample, often a mouth (buccal) swab,
The power of DNA analysis is realised when one con- from an individual believed to be connected to the case,
siders that currently sixteen different loci are analysed, or a match searched for on a DNA database. If DNA pro-
giving a total of 32 alleles plus an indication of the sex files do not match then they could not have come from
of the individual in a collection referred to as DNA17. the same person. Conversely, if the crime scene profile
matches at every locus then the DNA could have come
from the reference person. Only identical twins would
How is a DNA profile obtained? share the same profile. If a large number of loci have one
A sample that is taken for analysis undergoes several or more alleles in common, however, then the analyst
steps before a DNA profile can be obtained. The first is may suspect that the profile comes from a close relative
to extract the DNA from the cellular matrix. Different of the identified individual instead.
chemical processes may need to be used in order to Once a matching profile has been identified a statistic
recover the DNA: for example, a ground tooth would can be provided as to the likelihood of the match in com-
receive very different treatment from that of a cigarette parison with a hypothesised unrelated person. The more
end. incomplete a s ample profile is (a partial profile) the more
Following this, the amount of DNA within the sample people may be expected to match by chance. The way in
is estimated. In forensic samples, the concentration of which the statistics are calculated relies on an assump-
DNA is often very low and measured in nanograms per tion of independence between loci; most STRs are on dif-
microlitre (ng/µl). This stage is necessary so that the cor- ferent chromosomes or far enough apart to assume this.
rect amount of the extracted sample is used for the next This independence allows the frequency of the alleles
stage (amplification) to ensure an optimum chemical at each locus to be multiplied across all the loci. Even
concentration for maximum sensitivity. The scientist if many of the individual matching alleles are common
will normally amplify around 0.5 to 1 ng of the DNA in the population, the likelihood of some other person
(aiming for a minimum of 0.2 ng, roughly the rough providing the same profile decreases rapidly with each
equivalent of around 30 cells). added locus. It is estimated that the probability of any
Amplification is carried out using the polymerase other person unrelated to an identified person sharing
chain reaction (PCR), which uses a thermostable enzyme- the same profile will be less than one in one billion.
catalysed reaction over a number of cycles in which the Box 21.5 illustrates some significant historic cases in
double strands are separated to allow a complementary which the use of DNA evidence was crucial.
strand to be produced and annealed. Each PCR cycle, if
it were 100 per cent efficient, would double the amount DNA Statistics and Bayes Theorem
of DNA present within each sample. Around 28 cycles Discussion of DNA profiling inevitably involves terms such
are used in a standard DNA17 analysis. A short comple- as ‘likelihood of a match’, or ‘match probability’. These are
mentary ‘primer’ labelled with an attached fluorescent used in the expression of the strength of the evidence and
dye starts the process by annealing to the flanking region the methodology used relies on the use of Bayesian statis-
of the STR and enables labelled copies of the STR to be tics, methods that use the theories developed by Thomas
detected and its size measured. Bayes, an 18th-century clergyman. These differ from the
282 Principles of forensic science and crime scene investigation
frequentist approach often encountered in scientific anal- the ethnicity of the subject will be extremely low for a
yses as they include a measure of subjectivity to assist in full profile but will increase when the profile is incom-
determining the probability of an outcome. For example, plete (contains fewer loci available to match). The ratio
when undertaking a long series of experiments tossing a of the two probabilities, A and B, provides the likelihood
coin, we expect that the frequency of getting a head would ratio. In Bayesian inference, this could be restated as:
be 50% (probability 0.5). If, however, the coin has a small
weight attached to one side this would tend to bias the out- Posterior odds
come. Bayes theorem offers a way to condition the prob- (of guilt after considering all the evidence)
ability to account for additional information. In its odds
= Genetic odds
form Bayes Theorem is more simply stated as:
Posterior odds = Likelihood ratio × Prior odds (of getting a full matching profile)
× Non-genetic odds
in which the prior odds (belief that the frequency of get-
ting a head when tossing a coin is 50%) is multiplied by (prior odds of guilt after considering
the likelihood ratio. In terms of the coin throwing, the all the other evidence)
likelihood ratio can be defined as:
It is very important when considering DNA evidence
Probability that the coin (and indeed other forensic evidence), that it is expressed
is fair as the probability of the scientific evidence (E) given
Likelihood ratio =
Probability that the coin two hypotheses put forward by the prosecution and the
is not fair defence (Hp or Hd) under consideration of the scientific evi-
dence. This is distinct from the probability of the hypoth-
Bayesian inference is useful in forensic investiga- esis given the evidence, which is the question addressed
tions because the likelihood ratio, which represents the by the jury, which considers all of the evidence. This high-
probability of the evidence under two propositions, is lights the danger of a jury considering the scientific evi-
provided as part of the investigation and we can use it dence alone, such as a piece of very strong DNA evidence,
to update the prior odds at the time. In relation to DNA without considering reasons for the DNA being present
evidence, if a single DNA profile from a crime scene that may not be associated with the crime. Presenting the
matches a given individual, one can assess the prob- sometimes very persuasive scientific evidence in isolation
ability of the evidence given two hypotheses: is called the ‘prosecutor’s fallacy’ or ‘transposing the con-
ditional’ where the relative positions of the conditional (|)
A. The DNA originated from that person probability are more easily seen when the above equation
B. The DNA originated from another, random, unre- is represented in the formula:
lated person.
p(Hp |E) p(E | Hp ) p(Hp )
The probability of the outcome being true in regards to = ×
p(Hd | E) p(E | Hd ) p(Hd )
hypothesis (A) is 1.0. Looking at the alternative hypoth-
esis (B), one has to consider a number of factors such as See Box 21.6 for an exploration of how forensic scien-
the rarity of each allele and any potential knowledge of tists interpret forensic evidence.
National DNA Database also been used to differentiate venous and menstrual
blood, for example.
The UK National DNA Database (NDNAD) is the oldest
DNA database in the world. It holds the details of people
arrested in connection with an arrestable offence under
Blood
the Police and Criminal Evidence Act 1984 as well as The presence of blood is normally suggested by its colour
data relating to crime stains for which there are no refer- and the chemical reaction it gives when a presumptive
ence profiles. Crime scene samples are searched against test is applied. Blood, however, does not always appear
the database and compared with each other, nightly, in as red/brown in colour and may have been diluted. This
order to identify whether or not there could be a match can make it very challenging to locate stains, particu-
to someone on the database, or a link to another crime. larly on a darker surface.
It is highly efficient as around 10% of the population Stains that are to be tested are scraped with the edge
(mostly young to middle-aged men) have their profiles of a piece of folded sterile filter paper. The presumptive
recorded on the database. Over 60% of cases in which a tests used are generally leuco-malachite green (LMG)
DNA profile is obtained from the crime scene provides or Kastle–Meyer (K-M). Both involve the addition of the
a name to police. The power of the database also means reduced form (colourless) of each reagent to the filter
that there is a strong possibility that a familial link paper followed a few seconds later by hydrogen perox-
would be uncovered but such searches require special ide. If a rapid colour change occurs after the addition of
authorisation for privacy reasons and are limited to seri- both chemicals, and the colour of the scraping is typical
ous cases. Typically, there are under 20 such compari- (green for LMG, pink for K-M) of a bloodstain, then the
sons made annually. presence of blood is indicated. The colour change occurs
There have been considerable concerns raised about as blood has a peroxidase-like activity due to haemoglo-
the NDNAD by many, including those with an interest bin, which catalyses the oxidation of each chemical to
in civil liberties, about the appropriateness of retention its coloured form.
and the delay or absence of destruction of profiles. This When bloodstains cannot be seen, different methods
is especially with regards to those who never go to trial of detection can be used. For example, luminol, in solu-
for the allegation for which they were arrested, those tion, provides a blue chemiluminescent signal in the
who are acquitted and the vulnerable, such as children. presence of iron (present in haemoglobin) and provides
The judgement in the case of S and Marper v UK (2008) a very sensitive technique for latent bloodstains.
before the European Court of Human Rights, in which
the petitioners had requested that their DNA profiles Semen
were removed from the NDNAD but were refused by
Human semen is made up of both a liquid and a cellu-
UK courts, led to the Protection of Freedoms Act (PoFA)
lar fraction in non-vasectomised post-pubescent males.
2012. This law ensures that samples are destroyed
Semen is detected by forensic scientists using the acid
within six months, and profiles from those who are
phosphatase (AP) test, as AP occurs in high levels in
not convicted are held for a maximum of three years,
human semen. When testing clothing or other larger
although there is special consideration in exceptional
items, a press-test of filter paper onto a dampened item
circumstances, or if the individual is a minor.
suspected of bearing semen staining is used. The filter
paper is then removed and sprayed with the AP reagent.
Body fluid analysis If a purple colour develops, the presence of semen is
Forensic scientists will often be requested to conduct indicated (Figure 21.5). Bacterial infections can give
searches for a number of biological fluids, including false reactions with AP reagent (a pinkish colour). False
blood, semen, saliva, urine, faeces and others in attempts positives can also occur from vaginal AP; however, gen-
to identify individuals (and in some instances species) erally only AP from semen produces the quick change to
who may have left the stains (using DNA analysis) as well a strong purple colour.
as interpreting them in the context of their location. Most Semen is confirmed by locating the stained area on
identifications are done through chemical tests but these the garment and extracting some of the stain before
are done on samples that are distinct from the material making up a microscope slide containing some of the
used for DNA and the link between body fluid and indi- extract. If spermatozoa are seen, the presence of semen
vidual cannot be made. Methods to co-extract DNA and is confirmed.
RNA from such samples can be used to provide a more If swabs are to be tested, they can also be pressed
robust body fluid source identification and person associ- onto a piece of filter paper before AP is applied or, alter-
ation: techniques include use of messenger RNA (mRNA), natively, the swab can be extracted, the cellular frac-
micro RNA (miRNA), and epigenetic approaches, are tion spun down and a fraction of the liquid supernatant
most commonly described and these techniques have tested instead to conserve cellular material. In a similar
Blood pattern analysis 287
Downward drips
Downward drips are formed when blood falls from a
surface (such as the end of a finger) under the force of (b)
gravity. If they land on a flat surface, they will make a
characteristic circular stain, although if the surface is not
smooth (e.g., pavement) the stain can be quite distorted
(Figure 21.6).
If blood is dropped onto an absorbent surface such as
carpet, the stain can be much smaller while still being of
the same volume. If a number of drops fall onto the same
location, a distribution which could be confused with
a more active event is created as the blood makes con-
tact with other wet staining already present. The force of
the blood drops falling into wet blood that has already
fallen results in a number of smaller, satellite drops (c)
being projected away from the area of impact. Such sat- Figure 21.6 Blood dripped onto (a) painted metal,
ellite droplets can be projected for quite some distance (b) wood and (c) concrete.
from the centre of the distribution; this is dependent on (Courtesy of Manlove Forensics Ltd.)
the height from which the blood is falling, the texture
and absorbance of the surface and the amount of blood
already present.
Luminol
If attempts have been made to clean away blood staining,
the scientist can use chemical means to visualise stain-
ing that may have been present prior to those efforts.
The use of luminol, a highly sensitive chemiluminescent
compound, can help the scientist visualise where blood
Figure 21.10 Projected blood pattern: arterial staining had been present before any such cleaning
spurt/gush. (Image copyright Forensic Science Service efforts. It should be noted that the carrier for this chemi-
[FSS]. Reproduced with permission.) cal is primarily water so its use should be one of the final
actions at a scene (Figure 21.12).
Damage assessment
When items are broken, it can be possible, by visual and
microscopic examination, to tell whether or not two or
more items are fragments of one original item; for exam-
ple, the two broken halves of a plate. This is achieved
by comparing gross features as well as finer details. The
more points of comparison that can be made, the stron-
ger the opinion that can be offered.
By examining the edges of, and fibre damage to,
clothing items that have been torn or cut, it may be
possible to comment on what type of damage actually
occurred, as in many cases where allegation of tearing
occurs, a cut has been used to start a tear. It is also pos-
sible to comment on how recently damage may have
occurred.
Using controlled tests and reconstructions, it is also
Figure 21.11 Blood mixed with another body fluid possible to comment on whether or not a specific item
projected onto a wall. Note the dilute appearance. or action caused an area of damage.
(a) (b)
Figure 21.12 (a) A section of carpet with no blood staining visible. (b) The same section treated with luminol,
revealing superimposed hand and footwear marks.
Footwear 291
Fingerprints
Fingerprints are formed within the womb at approxi-
mately 12 weeks of gestation and, apart from damage
by environmental factors do not alter during one’s life-
time. There is some debate as to the purpose of these
ridges, with support for the notion that the presence
of fingerprints leads to an increase in grip, and/or
enhances the sensitivity for the perception of texture.
The overall nature of a fingerprint can be described in
terms of loops, whorls or arches, describing the overall
appearance of the pattern of ridges. On a smaller scale Figure 21.14 A finger mark in blood left on the blade of
the ridges themselves form the next level of detail within a knife. The finger was wet with blood prior to touching
the fingerprint; they can terminate or can divide into the blade.
two. These characteristics enable particular patterns
to be formed that are termed ridge ending, bifurcation,
short ridge, spur, dot, bridge, lake or delta. Furthermore, an impression into a surface, such as one coated with
the sweat glands on the ridges themselves give an addi- grease or blood (Figure 21.14).
tional area for comparison should this be required. It is the theory that fingerprints are unique to each
As there are sweat glands within the ridges, an person which enabled them to become one of the pri-
impression of these secretions can be left as a fingerprint mary methods by which identifications of suspected
on a surface (latent marks). Such marks usually com- offenders were made. Fingerprints have been used for
prise a mixture of water-soluble and fat-soluble com- many years to identify individuals and, for example,
pounds. As the fingerprint is made up of compounds have been known to confirm identity by the Chinese in
from the body, their chemical composition can reveal, the 3rd century be.
for example, that someone is a smoker or drug user. It Fingerprints were traditionally recorded from an
is often necessary to use specialised light, or chemical individual by coating their fingers with black ink and
enhancement, on fingerprints so that all available parts rolling them onto a card form. A record of the palmprint
of the mark can be seen. Different wavelengths of light, is now also taken. This ensures that all available detail
and specialised chemicals, are used to enhance the dif- is recorded. While this method is still the main way by
ferent compounds within a fingerprint (Figure 21.13). which fingerprints are recorded, scanning machin-
Fingerprints may also be left (patent marks) if ery is more commonly being used and, as technology
there is a contaminant such as ink, blood or paint – for improves, will supersede the ink-based method.
example, on the finger before it makes contact with a Databases of fingerprints are held on a card-based
surface. Another way of leaving a fingerprint is to make system using the ‘Tenprint’ forms used to take inked fin-
gerprints (Figure 21.15). In recent years, each individ-
ual’s ridge detail characteristics have also been loaded
onto computer-based searchable databases. In the
(a) (b) UK, this was initially NAFIS (the National Automated
Fingerprint Identification System) but this only held
data from England & Wales. IDENT1 now combines data
from England, Scotland and Wales allowing the search
of around 7 million records against marks (including
palm marks).
Footwear
Footwear marks
When people wearing footwear come into contact with
a surface, they often leave an impression. The extent to
which this occurs may depend on many factors, such as
how dirty the sole of the shoe is or the floor surface itself.
The resulting footwear impression can be photographed,
Figure 21.13 A fired shotgun cartridge: (a) untreated, lifted using a variety of media, or it can be recovered
and (b) treated with cyanoacrylate (superglue) fumes, whole (marks on paper, for example) and submitted to a
revealing finger marks. laboratory for a suitable method of enhancement.
292 Principles of forensic science and crime scene investigation
There are many different methods of enhancing foot- contact with the ground. Damage detail in the form of
wear marks, some of which are used in the enhancement cuts and nicks may also be formed in a random fashion
of fingerprints. Often photographing under controlled- on the sole of the footwear (Figure 21.16). Examination
lighting conditions, or the addition of specialist light of footwear involves comparing the sole pattern, size
sources, can improve the detail within a mark. When and degree of wear in the mark found at a scene, with
a mark warrants a more intensive examination (e.g., in a test mark made from an item of footwear. If damage
a serious assault) the enhancement may be carried out detail is present in the scene mark, and it corresponds
using chemicals. For soil deposits, potassium or ammo- with damage in the test mark, it is sometimes possible to
nium thiocyanate can be used, which reacts with metal- state conclusively that a mark left at the scene was made
lic ions in the soil. Marks in blood may be enhanced by a particular shoe, and by no other.
using Amido Black solution, which reacts with the pro- When determining the size of a sole pattern, it is not
teins in the blood. There are many other methods of usually possible to establish the exact shoesize, because
chemically enhancing marks. of the many variations in sole patterns of a particular
To carry out a comparison of the recovered footwear model distributed throughout the population. It is pref-
marks with a suspect shoe, a test impression of the sole erable to estimate the size of a shoe from its sole pattern
pattern is required. This can be prepared by brushing by giving a range of sizes that the shoe could be. This
the sole with aluminium or black powder, and then plac- allows for variation in sole pattern between different
ing the shoe, sole-side down, onto adhesive plastic. The moulds, and manufacturers.
plastic is then placed onto an acetate sheet and labelled
to identify the shoe and ensure the correct orientation Footwear marks and skin
of the impression. This can then be laid over the photo- When contact is made with a person with sufficient
graph of the mark recovered from the crime scene and a force, by kicking or stamping, skin deposits may be
comparison made between them. transferred to the inner surface of clothing while next
When shoes are compared, various details are con- to the skin. Such deposits may require specialist light
sidered. As the footwear is worn, general wear charac- sources, and chemical treatment, to increase the con-
teristics develop in the areas of the sole that come into trast between the mark and the background, and allow
effective photographic recording.
When forceful contact is made directly to the surface
of the skin, it is possible for a patterned injury to be left
on the skin, forming a mark which may be characteris-
tic of the surface that made the contact. In the case of
shoe marks, the surface is often made up of regularly-
spaced components that may leave a patterned injury
which corresponds with the pattern of sole components.
The pressure exerted during such a forceful contact
may force blood in the surface of the skin into the gaps
Figure 21.16 Recovered footwear mark showing d amage between the sole pattern components, leaving what is
features. (Image copyright Napier Associates Ltd. often referred to as a negative impression. Forceful con-
Reproduced with permission.) tact with skin that is close to a bone often results in a
Bibliography and information sources 293
patterned injury which bears a greater degree of detail. In cases where there are multiple layers of paint in
However, as the surfaces (of the body and the patterned a sample, it may be possible to state that the evidential
surface of interest) are not flat, distortion can interfere sample came from a suspect car; however, it is often
with visual comparison techniques, including those used as corroborative evidence in a case. In graffiti cases
relying on photographic ‘overlays’ between scaled pho- it is possible to recover microscopic particles of aero-
tographs of the patterned injury and patterned surfaces solised paints in colours that match the colours used in
of interest. Photographic overlay techniques can be a specific incident of vandalism.
used to determine comparisons.
Fibres
Trace evidence Clothing and soft-furnishings are made in a wide array
This type of evidence can include anything that has of fabrics that come from all manner of sources. Natural
been transferred by means such as contact with a sur- fibres, such as wool, cotton and linen have been used for
face or a person and this is the practical application of centuries and they are often combined with man-made
Locard’s exchange principle. Often the material is very fibres to improve their versatility. Within the types of
small and requires microscopic examination. Organic fibre used there may be many different dyes and other
material such as pollen can be considered as trace evi- materials incorporated into them which give different
dence but more often it involves man-made materials properties to the finished garment. All of these charac-
such as glass, paint and fibres. teristics enable the forensic fibre examiner to identify
sources of fibres and compare them with fibres that
have been transferred to other garments or furnish-
Glass
ings. Identification of the fibres involves microscopic
Glass is manufactured for use in construction by float- and analytical techniques, and it is possible to use the
ing it on the surface of molten tin. This produces a glass results in tandem with the number and location of the
that is very flat and can be mass-produced. A mixture of recovered fibres to give an interpretation of the circum-
silicon and various other minerals is added to a furnace stances that caused the transfer to occur. For example,
and then poured onto the molten tin. Glass can also be it may be possible to state in which seat of a car a sus-
moulded into containers or pressed into sheets with pat- pect was sitting, so that their version of events of the
terns. When glass is broken, small fragments are show- incident can be evaluated. It is sometimes possible to
ered into the surrounding area. If a person were near find an original source of a fibre that is prevalent in a
to the breaking glass it would be expected that some of case by going to manufacturers and obtaining details of
these fragments would transfer to the individual. These the amount and geographic distribution of a particular
fragments will remain on the individual’s clothing until product.
such time that they fall off. The length of time that these
glass fragments remain on clothing depends on many
factors, such as the type of clothing, and the activity of Bibliography and information
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Glass fragments recovered in the laboratory, or from
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22 Principles of toxicology
Testing matrices It is not generally appreciated that the site where the
blood sample is collected at autopsy may well determine
General principles the final analytical result. After death, concentrations of
Drugs can reliably be detected and quantitated in any weakly basic drugs (such as cocaine) are higher on the
tissue of the body. It is the interpretation of those quanti- left side of the heart than on the right, and concentra-
ties that is critical. Interpreting the significance of any tions in the heart are higher than those in the leg. Drug
drug found is the major issue facing forensic practitio- concentrations in blood collected from any tissue taken
ners on a daily basis. Detection proves that ingestion, at autopsy may, or may not, bear a reliable relationship
or at least exposure, has taken place, but the mere pres- to concentrations that existed in life.
ence of a drug, even in seemingly large quantities, says Regardless of whether the specimen is from the heart
nothing about toxicity and even less about intention or the leg, there is ample proof that post mortem drug
or motivation. Does it really matter whether urinary concentrations almost always exceed those measured
cocaine metabolite concentrations exceed some speci- in the immediate ante mortem period. It follows that
fied range? It does not, unless the individual’s state of autopsy blood measurements, taken in isolation, cannot
hydration is known, as well as the specific gravity and implicate any drug as a cause of death. Quantification
acidity of their urine, and usually this information is can only prove exposure or ingestion. The concept of
rarely available in the forensic setting. No matter how ‘normal’ or ‘therapeutic’ drug concentration measure-
many decimal points are added to the results, specific ments made in the living does not have any relevance
measurements have inherent limitations. to the dead. It makes no sense to discuss therapeutic
The effect of media stories regarding techniques for drug concentration in cadavers: blood is a living tissue
forensic measurement and analysis (what can be termed and cadavers cannot be said to have blood, only reddish
the ‘CSI effect’) can be pernicious. Many practitioners clumped liquid that was once living blood.
believe (wrongly) that precise laboratory measurements Whether or not an individual dies from taking a
can supply information that could not have been gath- drug, often depends on the phenomenon of tolerance
ered by accurate history and scene investigation alone. (decreasing effect with increasing dose), but for all
Each investigative modality has its contribution to make intents and purposes, there is no effective way to mea-
to a forensic investigation. There are a number of mis- sure tolerance after death. Thus, a laboratory result that
understandings concerning toxicology, and failure to might seem to indicate a massive drug overdose could
consider them can lead to needless effort and expense, merely be an incidental finding. The highest blood
not to mention an incorrect conclusion. cocaine level ever reported in a human was measured in
Suppose a left-handed heroin user is found dead with a man (>35,000 ng/mL) who had no physical complaint
a needle mark in his left antecubital fossa. Some might other than the 45-calibre bullet that traversed his brain!
take that as proof that another person administered the Often, it is sufficient just to demonstrate that a drug is
injection, which would be likely. It would be an unnec- present. For example, was the rape complainant really a
essary waste of laboratory resources to measure drug victim of drug-facilitated assault, or was he/she a pro-
concentrations in the skin adjacent to an injection site miscuous chronic drug abuser? Was the individual with
because, once a drug is injected into the blood stream, an unconfirmed urine test positive for opiates really a
it circulates throughout the body. Skin measurement drug abuser, or was he/she taking a cough medication
of drug concentrations would have meaning only if containing codeine? A simple way to help answer the
concentration measurements were made of skin taken question is to take a hair sample. Drugs are stable in
from both sides of the body, and were found to be dif- hair for perpetuity. Prior drug use in an alleged rape
ferent. The same might be said for the value of vaginal, victim is easy enough to establish, simply by hair test-
rectal or nasal swabs. The route of administration can- ing. In the instance of the individual with the urine test
not be determined by measuring the drug concentra- positive for opiates, the presence of other components
tion in those areas. The recovery of cocaine from the of cough syrup in their hair would probably yield a cor-
vagina does not necessarily mean it was absorbed via rect interpretation of the findings. There is not always
that route. It just means that the circulation persisted for a need to test hair, but there is often a reason to collect
some time after drug use. That being the case, distribu- and store a sample, even if it is never analysed.
tion of drug to nasal, rectal and vaginal mucosa would
be anticipated. Specific testing matrices
Analysis of drug paraphernalia may also be a poor use
of resources; unless the decedent was participating in a Blood and urine
needle-exchange programme, they may have reused the Blood is still the preferred testing matrix for drug
syringe many times. Drugs will, no doubt, be detected in detection. It is always collected into a sodium fluoride-
the syringe, but whether their presence has anything to containing tube (which prevents further drug degra-
do with the death being investigated is an open question. dation). There are differences between pre- and post
Interpretation 299
mortem blood specimens. When blood is drawn in the hair at autopsy, place it in a sealed envelope and file the
hospital, either for therapeutic drug monitoring or drug sample. For reasons that are not entirely clear, the par-
detection, only the plasma is analysed. In death, con- ent drug is often found in higher concentrations within
centrations in whole blood are measured. Drug con- the hair than is the metabolite. Should questions about
centrations, especially the concentration of alcohol, are drug use arise some time in the distant future, they will
different in plasma and whole blood. Serum and plasma be easily answered if a hair sample has been retained.
contain 10–15% more water than whole blood. It follows
that plasma ethanol concentrations are 10–15% higher
Liver
than corresponding whole-blood concentrations. The
difference may seem small, but it is more than enough Liver analysis can be especially valuable in cases where
to convict or exonerate a driver accused of driving under the drug sought (such as a tricyclic anti-depressant) is
the influence. highly bound to protein. Liver analysis is also valuable
Urine was once the preferred specimen for post mor- if the drug undergoes enterohepatic circulation. Some
tem drug screening but, increasingly, blood samples are drugs, such as morphine, may be detectable in the liver
considered a better testing matrix. Advances in technol- long after they have been cleared from the blood, only
ogy have substantially reduced the costs of gas chroma- because they remain in the enterohepatic circulation for
tography/mass spectrometry (GC/MS), and screening so long. There is, however, one important caveat: most
whole blood involves not much more expense than the drugs readily diffuse from the stomach into the right
cost of screening urine, but provides greatly enhanced lobe of the liver so, as a rule, only the left lobe of the liver
sensitivity. After death, drug concentrations tend to should be used for analytical testing.
increase faster in cardiac blood, for example, than else-
where in the body, making such samples more sensitive Stomach
indicators of drug use, although they are less specific.
The testing of stomach contents is only worthwhile if
The routine screening of cardiac blood also helps avoid
(1) the volume of the gastric contents is recorded, (2) a
another problem: at autopsy, there is often no urine in
homogeneous specimen is analysed and (3) the total
the bladder. Some centres have dispensed with urine
drug content within the stomach is computed. It does
testing entirely; they first screen cardiac blood with
no good to know the drug concentration in gastric fluid
GC/MS and then confirm their findings in a peripheral
if the total volume of the gastric contents is not also
blood sample.
known. It may also be possible to identify small pill
fragments by microscopic examination of the gastric
Vitreous humour fluid. Very little should be made of low-level drug con-
Vitreous humour is a useful testing medium, especially centrations found in stomach, as ion trapping may cause
for the diagnosis of electrolyte disorders, renal failure, small amounts of some charged drugs, such as cocaine
hyperglycaemia and ethyl alcohol ingestion. The vitre- and morphine, to appear in the gastric contents, even if
ous humour is, in many ways, protected from the exter- the drug has been injected intravenously. However, the
nal environment, and it may be the only reliable testing detection of high concentrations of some drugs in the
matrix available when individuals have drowned or stomach (such as morphine) does not necessarily prove
when bodies are found after an extended period of oral ingestion; it may just be an artefact produced by
environmental exposure. Measurement of alcohol con- enterohepatic circulation.
centrations in the vitreous humour may even help dis-
tinguish between post mortem alcohol formation and Interpretation
ante mortem ingestion. There is an emerging tendency
Post mortem drug concentration measurements can-
to also measure the concentrations of abused drugs in
not be interpreted in isolation, if for no other reason
the vitreous humour, although for the present, too few
than that tolerance eventually emerges to most abused
measurements have been reported to allow accurate
drugs. A living heroin addict may very well have a higher
extrapolation from vitreous humour concentrations to
morphine concentration than an occasional heroin user
concentrations in other tissues.
lying in the mortuary, but both might have much lower
morphine concentrations than a hospice patient treated
Hair testing with a diamorphine syringe driver. Tolerance is not the
Measurement of abused drug concentrations in hair can only issue.
yield valuable information about drug exposure and Drugs taken previously are likely to be stored in
drug compliance, and sometimes hair testing can reveal deep body compartments, only to be released as the
the presence of drugs that were completely unexpected. body decomposes (a process that begins immediately
Once deposited in hair, drugs and their metabolites are after death). Drug measurements made under these
stable indefinitely. It requires very little effort to collect circumstances might give the false impression that the
300 Principles of toxicology
drugs were, in fact, circulating in the blood at the time 2D6, causing her to produce much more morphine
of death. This phenomenon was strikingly illustrated in when taking codeine than would normally be expected.
a study of post mortem blood fentanyl concentrations. Individuals with a normal genetic compliment convert
Fentanyl concentrations were measured in post mor- roughly 10% of codeine into morphine, accounting for
tem specimens collected in 20 medical examiner cases codeine’s modest pain-relieving effects, but because of
from femoral blood, heart blood, heart tissue, liver tissue the mother’s genetic make-up, much higher concentra-
and skeletal muscle. In a subset of seven cases femoral tions of morphine were found in the infant than would
blood was obtained shortly after death and then again normally be predicted, even though the mother was not
at autopsy. The mean collection times of between the taking excessive doses of codeine.
two post mortem samples were 4.0 hours and 21.6 hours,
respectively. In four of the cases fentanyl concentrations
rose from ‘none detectable’ in the samples taken shortly
Bibliography and information
after death, to concentration as high as 52.5 µg/L. If only sources
the toxicology results were considered in isolation, a American Psychiatric Association. Diagnostic and Statistical
pathologist confronted with a case of unexpected sud- Manual of Mental Disorders (DSM-V). Arlington: American
den death might very well make the mistake of classify- Psychiatric Association; 2013. https://www.psychiatry.org/
ing fentanyl as the cause of death, even though none was psychiatrists/practice/dsm/about-dsm (Accessed 13 May
present in the blood at the time of death. 2019).
Finally, there is the issue of genetic polymorphism. Arora B, Velpandian T, Saxena R, et al. Development and valida-
Not only does post mortem redistribution (Figure 22.1) tion of an ESI-LC-MS/MS method for simultaneous identifica-
tion and quantification of 24 analytes of forensic relevance
ensure that concentration measured at autopsy will be
in vitreous humour, whole blood and plasma. Drug Test Anal
higher than in life, there is always the possibility that 2016;8(1):86–97.
high drug concentrations, even those measured in life, Cook DS, Braithwaite RA, Hale KA. Estimating antemortem drug
do not always reflect drug overdose: the individual concentrations from postmortem blood samples: the influ-
simply may not have been able to metabolise the cor- ence of postmortem redistribution. J Clin Pathol 2000;53:
rect dose of drug they had been given. This possibility 282–285.
was only realised a few years ago when a newborn died Cooper GA, Kronstrand R, Kintz P. Society of Hair Testing guide-
of morphine poisoning that originated in the mother’s lines for drug testing in hair. Forensic Sci Int 2012;218(1–3):
breast milk. As is often the case, she had been pre- 20–24.
scribed codeine for post-labour pain. When the infant Drummer OH. Forensic toxicology. EXS 2010;100:579–603.
Fernández P, Seoane S, Vázquez C, et al. Chromatographic deter-
died unexpectedly it was discovered that the mother
mination of drugs of abuse in vitreous humor using solid-
was an ultra-rapid metaboliser of cytochrome P450 phase extraction. J Appl Toxicol 2013;33(8):740–745.
Ferner RE. Post-mortem clinical pharmacology. Br J Clin Pharmacol
2008;66:430–443.
Nasal cavity Jung BF, Reidenberg MM. Interpretation of opioid levels: com-
parison of levels during chronic pain therapy to levels from
forensic autopsies. Clin Pharmacol Ther 2005;77:324–334.
Karch SB, Drummer O. Karch’s Pathology of Drug Abuse, 5th ed.
Oeosophagus Boca Raton: CRC Press; 2015.
Karch SB, Goldberger BA, Druid H. Karch’s Drug Abuse Handbook,
3rd ed. Boca Raton: CRC Press; 2019.
Right Left
Karch SB, Stephens BG, Ho CH. Methamphetamine-related
lung lung deaths in San Francisco: demographic, pathologic, and toxi-
Heart cologic profiles. J Forensic Sci 1999;44:359–368.
Kintz P, Villain M, Cirimele V. Hair analysis for drug detection. Ther
Liver Drug Monit 2006;28:442–446.
Koren G, Cairns J, Chitayat D, et al. Pharmacogenetics of mor-
Stomach phine poisoning in a breastfed neonate of a codeine-pre-
scribed mother. Lancet 2006;368:704.
Kuwayama K, Miyaguchi H, Iwata YT, et al. Time-course measure-
Figure 22.1 Post mortem redistribution. Blood values ments of drug concentrations in hair and toenails after single
measured after death have little or no relationship administrations of pharmaceutical products. Drug Test Anal
2017;9(4):571–577.
between levels that existed in life. Aspiration of stomach
LeBeau M, Moyazani A. Drug-Facilitated Sexual Assault, A Forensic
contents into the lungs often occurs at the time of death, Handbook. London: Academic Press; 2001.
and drugs that were in the lungs diffuse into the heart. Leung KW, Wong ZCF, Ho JYM, et al. Surveillance of drug abuse
Blood from the illiofemoral vessels is generally consid- in Hong Kong by hair analysis using LC-MS/MS. Drug Test Anal
ered preferable for testing. 2018;10(6):977–983.
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Levine B. Principles of Forensic Toxicology, 3rd ed. Washington: Pélissier-Alicot AL, Gaulier JM, Champsaur P, Marquet P.
American Association for Clinical Chemistry; 2010. Mechanisms underlying postmortem redistribution of drugs:
Metushi IG, Fitzgerald RL, McIntyre IM. Assessment and compari- a review. J Anal Toxicol 2003;27:533–544.
son of vitreous humor as an alternative matrix for forensic toxi- Pounder DJ, Jones GR. Post-mortem drug redistribution: a toxi-
cology screening by GC-MS. J Anal Toxicol 2016;40(4):243–247. cological nightmare. For Sci Int 1990:45:253–263.
Moriya F, Hashimoto Y. Redistribution of basic drugs into cardiac Salomone A, Tsanaclis L, Agius R, et al. European guidelines for
blood from surrounding tissues during early-stages postmor- workplace drug and alcohol testing in hair. Drug Test Anal
tem. J Forensic Sci 1999;44:10–16. 2016;8(10):996–1004.
Olson KN, Luckenbill K, Thompson J, et al. Postmortem redistribu- White RM. Drugs in hair. Part I. Metabolisms of major drug classes.
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23 Alcohol
Widmark’s equation relates these variables accord- Note that we had to convert the 0.15 g/100 mL and
ing to: the 0.015 g/100 mL/h to kg/L which simply amounts
Equation 2 to moving the decimal point two places to the left.
Solving for A we find:
Wr(C t + ßt ) 1958.4(0.00225)
N= N=
0.8z 0.384
dependent and other binge drinkers 19 mg/100 mL/h the UK produced a leaflet Blood Alcohol Concentration
may be more appropriate. Studies have also shown that and General Effects (Figure 23.1) but the majority of cli-
females eliminate alcohol at a faster rate than males nicians would be uncomfortable classifying the effects
which may relate to relative liver/weight ratio. (even in general terms) within quite such narrow spe-
cific quantified ranges, as described in this publication,
Ethanol measurement because of the huge variability in response to consum-
ing alcoholic drinks. It does, however, give a reasonable
Evidential breath testing is used by most law enforce-
indication of the progression of alcohol intoxication.
ment agencies in most countries with respect to road
It is also important to understand that there are
traffic (driving) offences. A wide variety of devices are
substantial risks for those who are dependent on alco-
available for measuring the ethanol content of expired
hol and suffer alcohol withdrawal. Untreated alcohol
air, and the mode of operation of most devices caused
withdrawal can be fatal and those involved in clinical
ethanol contained in the sample to be oxidised with an
assessment and management must understand how
electrochemical sensor. The value provided is directly
to diagnose and treat such individuals. The degree of
proportional to the concentration of the ethanol pres-
alcohol withdrawal can be quantified using the Clinical
ent in the body. Quality control and standardisation of
Institute Withdrawal of Alcohol Assessment Scale –
such evidential machines is important to ensure accu-
revised (see Chapter 16, Figure 16.1b).
rate analysis. In the presence of factors such as use of
alcohol-containing mouthwash or regurgitation of
stomach contents, different jurisdictions may apply dif- Post mortem considerations
ferent protocols, to overcome risks of false elevations,
The situation is much more complicated after death.
by repeating evidential breath tests after a period of
Bacterial enzymes (predominantly alcohol dehydro-
time or replacement by either blood or urine analysis.
genase and acetaldehyde dehydrogenase) act upon
Alcohol-based or a lcohol-containing hand-washes or
carbohydrates within the cadaver. Glycogen or lactate
swabs should be avoided in the vicinity of evidential
is converted to pyruvate and then ethanol. The amount
breath devices because of the possibility of affecting
of alcohol produced depends on the amount of glyco-
the result of analysis.
gen or substrate available. Accordingly, post mortem
ethanol production will be greater in some tissues than
Clinical effects of alcohol in others. For example, the glycogen content of liver is
Ethanol is a central nervous system depressant, and 8 g/100 g wet tissue weight, whereas that of vitreous
the degree of apparent intoxication generally correlates humour is only 90 mg/100 g.
with the amount consumed. As blood concentrations Other factors also help determine how much alcohol
rise, initial feelings of relaxation and disinhibition give will be produced. Terminal hyperthermia, such as might
way to blurred vision, loss of coordination and behav- be seen in a patient with sepsis, or storage of the body at
ioural issues, including risk-taking behaviour. As alco- high ambient temperatures, will accelerate alcohol pro-
hol levels continue to rise, unconsciousness can occur. duction, as will bowel trauma or disruption of the bowel
The highest levels of consumption can lead to death as owing to surgery or malignancy. Aircraft accidents or
a result of cardiorespiratory arrest. There is substantial other causes of severe body disruption almost always
inter-subject variation with tolerance in the alcohol- cause the production of ethanol in large quantities.
dependent that may allow the consumption of massive Whether any alcohol detected was formed before or
amounts of alcohol and result in BACs that result in after death is fairly easy to determine. The easiest way
death in the non-alcohol dependent. Thus, single BACs is to compare the ethanol content of urine (UAC) which,
have very little meaning when taken in isolation except unless the decedent was diabetic, contains no carbo-
that, of course, a large amount of alcohol has been con- hydrates, and vitreous humour (which only contains
sumed. A BAC exceeding 0.40 per cent (400 mg%) may very small amounts of carbohydrate) with the amount
be lethal in a non-drinker but might produce few, if measured in blood. If the ethanol was definitely con-
any, symptoms in a chronic alcoholic. If an individual sumed and not formed post mortem, then determina-
is severely intoxicated, aspiration of vomit may lead to tion of the ratio between vitreous humour and blood
asphyxiation and death. Chronic alcohol dependence alcohol concentrations can be very useful. If the UAC:
is associated with a wide range of medical conditions BAC ratio is less than 1:2, this is generally considered
including the development of hepatitis, liver cirrhosis, confirmation that ethanol concentrations were rising
portal hypertension and oesophageal varices, liver fail- at time of death. A ratio of greater than 1:3 suggests that
ure and heart failure with potentially fatal outcomes. the decedent was in the post-absorptive stage. Ratios
Prior to being closed down as part of austerity measures much greater than 1:3 indicate heavy consumption over
by the UK government, the Forensic Science Service in a long period of time.
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Backman JT, Filppula AM, Niemi M, Neuvonen PJ. Role of Seal Beach, CA: Biomedical Publications, 2004.
Cytochrome P450 2C8 in drug metabolism and interactions. Batra A, Müller CA, Mann K, Heinz A. Alcohol dependence and
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Bielefeld L, Auwärter V, Pollak S, Thierauf-Emberger A. Differences Jones AW, Holmgren P. Urine/blood ratios of ethanol in deaths
between the measured blood ethanol concentration and the attributed to acute alcohol poisoning and chronic alcohol-
estimated concentration by Widmark’s equation in elderly ism. Forensic Sci Int 2003;135:206–212.
persons. Forensic Sci Int 2015;247:23–27. Jones AW. Evidence-based survey of the elimination rates of
Caplan YH, Levine B. Vitreous humor in the evaluation of ethanol from blood with applications in forensic casework.
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1990;14:305–307. Jones AW. Alcohol: breath analysis. In: Payne-James JJ, Byard RW
Cederbaum AI. Alcohol metabolism. Clin Liver Dis 2012;16(4):667– (eds). Encyclopedia of Forensic and Legal Medicine, 2nd ed.
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Cooper WE, Schwar TG, Smith LS. Alcohol, Drugs and Road Traffic. Mitchell MC Jr, Teigen EL, Ramchandani VA. Absorption and peak
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1988. Palmer RB. A review of the use of ethyl glucuronide as a marker
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24 Licit and illicit drugs
(a)
(b)
Table 24.2 Drug classification and penalties in England & Wales 2018
Supply and
Class Drug Possession production
A Crack cocaine, ecstasy (MDMA), heroin, LSD, magic Up to 7 years in prison, an unlimited Up to life in
mushrooms, methadone, methamphetamine fine, or both prison, an
(crystal meth) unlimited fine,
or both
B Amphetamines, barbiturates, cannabis, codeine, Up to 5 years in prison, an unlimited Up to 14 years
ketamine, methylphenidate (Ritalin), synthetic fine, or both in prison, an
cannabinoids, synthetic cathinones (e.g., unlimited fine,
mephedrone, methoxetamine) or both
C Anabolic steroids, benzodiazepines (diazepam), Up to 2 years in prison, an unlimited Up to 14 years
gamma hydroxybutyrate (GHB) gamma- fine, or both (except anabolic in prison, an
butyrolactone (GBL), piperazines (BZP), khat steroids – it’s not an offence to unlimited fine,
possess them for personal use) or both
Temporary Some methylphenidate substances None, but police can take away a Up to 14 years
class (ethylphenidate, 3,4-dichloromethylphenidate suspected temporary class drug in prison, an
drugsa (3,4-DCMP), methylnaphthidate (HDMP-28), unlimited fine
isoproplyphenidate (IPP or IPPD), or both
4-methylmethylphenidate, ethylnaphthidate,
propylphenidate), and their simple derivatives
Source: https://www.gov.uk/penalties-drug-possession-dealing.
a The government can ban new drugs for one year under a ‘temporary banning order’ while they decide to the drugs should be classified.
Table 24.3 Drugs classified into eight main groups according to their mode of action
Drug group Examples
Stimulants Amphetamines (fenethylline, captagon), cocaine, ephedra, khat
Opiates and opioids Naturally occurring opiates, synthetic opioids
Sedative hypnotics Zolpidem
Hallucinogens LSD (lysergic acid diethylamide), mescaline
Dissociative anaesthetics GHB (γ-hydroxybutyrate), PCP (phencyclidine), Salvia divinorium
Cannabinoids ‘Spice’, THC (tetrahydrocannabinol)
Solvents Toluene, glue, lighter fuel
New synthetic agents Piperazines
manifest symptoms of florid paranoid psychosis. The International Classification of Diseases entity, the exis-
unique feature of methamphetamine psychosis is that it tence of this disorder is accepted by forensic patholo-
may reoccur years after drug usage has been discontin- gists, forensic physicians, forensic toxicologists and
ued. Its occurrence seems to be related to methamphet- by many authoritative bodies, including the American
amine-induced damage to cortical white matter. These Medical Association and the American Academy of
pathological changes can be visualised with magnetic Emergency Physicians. The syndrome, which is some-
resonance imaging (MRI) scanning. This ability is not times lethal, is notable for the acute onset of hyper-
shared by cocaine or other stimulants. thermia and agitated violent behaviour that often
The most feared consequence of any type of stim- culminates in a sudden unexplained death. The contri-
ulant abuse is the syndrome referred to as ‘excited bution of restraint, struggle and the use of conducted
delirium’. Although not recognised as a specific energy devices (CEDs) to the cause of death in these
Commonly misused drugs 311
(a)
Figure 24.8 Zone of micro-infarction in the Figure 24.10 ‘Crystal meth’. (Photo by DJ Young, courtesy
heart secondary to stimulant abuse. of the US DEA.)
(Courtesy of Steven B Karch.)
The vascular complications of stimulant abuse are
cases is the subject of considerable controversy; there numerous. Mostly, but not entirely, they relate to cate-
is good evidence that a central nervous system (CNS) cholamine excess. Excessive amounts of norepinephrine
dysfunction of dopamine signalling underlies the (noradrenaline) damage the walls of blood vessels, and
delirium and produces fatal autonomic dysfunction can cause vascular wall dissection, stroke and coronary
(see also Chapter 16). artery spasm. The presence of excess norepinephrine also
312 Licit and illicit drugs
50
1 initial depolarisation
2 plateau phase
0
repolarisation
mV
0 rapid 3
depolarisation
50
resting membrane
potential
4 4
100
Figure 24.11 Identifiable stages of the cardiac action Figure 24.12 Global use of groups of drugs. (From the
potential. (Courtesy of Steven B Karch.) World Drug Report 2018.)
accelerates the onset of coronary artery disease, induces are contributing to the high number of fatalities. This
cardiac enlargement and produces scarring (referred to builds on the decision by the Commission at its 60th
as interstitial fibrosis of the myocardium). The combi- session, in 2017, to place two precursor chemicals used
nation of myocardial fibrosis and cardiac enlargement in the manufacture of fentanyl and an analogue under
is referred to as myocardial remodelling. Remodelling international control. The Report also makes reference
greatly favours the occurrence of sudden cardiac death. to addiction to tramadol, rates of which are soaring in
Both cocaine and methamphetamine interact with the parts of Africa. Non-medical use of this opioid pain-
ion pores controlling the normal electrical cycling of killer, which is not under international control, is also
the heart (the action potential) but react with different expanding in Asia. The impact on vulnerable popula-
channels. Cocaine blocks the sodium channel (a prop- tions is a cause for serious concern, putting pressure on
erty shared by all local anaesthetics) and the hERG potas- already strained healthcare systems. At the same time,
sium channel. Methamphetamine does not share either more new psychoactive substances are being synthe-
of those properties, but does interact with L-type calcium sised, and more are available than ever, with increasing
channels, which provides another reason for how meth- reports of associated harm and fatalities. In the UK, the
amphetamine can cause arrhythmias. Together, these prescribed drugs gabapentin and pregabalin are con-
interactions lead to prolonged repolarisation of the heart sidered at substantial risk for misuse.
cells, another abnormality that is arrhythmogenic mech-
anism associated with a greatly increased risk of sudden Opiates and opioids
death (Figure 24.11). The term ‘opiates’ refers to morphine, other contents
The World Drug Report 2018, published by the United of the opium poppy (such as codeine), and compounds
Nations Office of Drug and Crime Control (UNODC), made by modification of the morphine molecule. Box
notes that the range of drugs and drug markets are 24.1 lists commonly abused opioids. Opioids are syn-
expanding and diversifying as never before. There is thetic molecules. Opiates and opioids both exert their
a potential supply-driven expansion of drug markets, effects by binding to the µ1 opiate receptor located on
with production of opium and manufacture of cocaine neurons throughout the brain. Similar receptors are also
at the highest levels ever recorded. Figure 24.12 shows found in the intestine, explaining why opiate users are
the usage of some groups of drugs worldwide. almost always constipated. Stimulation of the µ1 recep-
Markets for cocaine and methamphetamine are tor relieves pain, depresses respiration and reduces gut
extending beyond their usual regions and, while drug motility. The only important difference between heroin,
trafficking online using the ‘darknet’ (i.e. that part of the morphine and all the other synthetic opioids is their rel-
Internet hidden from public view) continues to repre- ative affinity for the µ1 receptor. Some opioids conform
sent only a fraction of drug trafficking as a whole, it con- to the shape of the µ1 receptor better than others and,
tinues to grow rapidly. Non-medical use of prescription accordingly, produce greater or lesser effect, with some
drugs has reached epidemic proportions in parts of the synthetic opioids being more than 1 000 times as potent
world. The opioid crisis in North America has resulted as morphine itself.
in the Commission on Narcotic Drugs scheduling six Opiate use can be accompanied by numerous
analogues of fentanyl, including carfentanil, which medical complications often related to the process of
Commonly misused drugs 313
but has a completely different structure. Although the appear to be taking rapid action to address these prob-
structure of Spice is very different from THC, it none- lems. They are frequently referred to in the media, and
theless avidly binds at the same C1 and C2 receptor, at by users, by the umbrella name ‘Spice’.
exactly the same sites where THC is active. The effects Governments and authorities face an uphill struggle
produced are said to be the same as smoking marijuana, as ways to develop substances that avoid legal sanc-
but are believed to last much longer. The potential use of tion are used to get around the inevitable clamp down
this compound as a transdermal pain reliever is under as some legal highs become fashionable. In 2016, the
investigation, but if it ever does come to market there Psychoactive Substances Act 2016 was introduced in
will, no doubt, be a thriving black-market trade. the UK with the intent of restricting the production, sale
and supply of a new class of psychoactive substances.
Table 24.4 summarises the main effects and intentions
Solvents of the Act.
Solvents such as toluene volatize at room temperature, Many of these newly abused drugs belong to the
allowing users to inhale the fumes, a practice referred to chemical class known as piperazines, derived from
as ‘huffing’. Use of these agents and others such as glue, piperazine and benzyl chloride. Piperazines were origi-
or gas fuel for cigarette lighters is much less common nally used as worming agents in humans and in veteri-
now than previously. Glue-sniffing was more frequent nary medicine, particularly in the treatment of round
in the 1980s but still occurs. Clinical examination may worms (especially Ascaris); they paralyse the worms
reveal traces of the inhalant, such as glue, around an so they are flushed out by peristalsis. However, the
individual’s mouth and face, with the persistent odour medicinal use of piperazines is banned in many coun-
of the relevant inhalant. Some individuals may have tries. Ironically, more than half of the cocaine sold in
evidence of singeing of beard or hair, or evidence of old the USA is contaminated with levamisole, a piperazine
burn injury to the face, as many of the agents used for anti-helminthic drug, which was initially withdrawn
such practices are highly flammable and do not asso- from the US market because it is known to induce bone
ciate well with lighted cigarettes. Toluene, as opposed marrow suppression. Several piperazines derivatives
to the solvents found in hair spray, dry-cleaning fluid are now in circulation.
and gasoline, is the agent most often responsible for fatal 1-Benzylpiperazine (BZP) is a stimulant. It is sold as
intoxication. The mechanism seems to be the disruption an alternative to amphetamine, methamphetamine and
of normal cardiac electrical activity. Inhalation of any MDMA and, on occasion, is misrepresented as MDMA.
solvent will result in transient euphoria, headache and It interacts with numerous different receptors, but the
ataxia. Members of this group selectively destroy brain net effect produced more or less resembles that of an
white matter, and a distinctive pattern can be identi- amphetamine-type drug. Consequently, the adverse
fied in the MRI scans of chronic abusers. Solvents share effects associated with BZP use are likely to include
some properties with other depressants such as barbi- confusion, agitation, vomiting, anxiety and palpita-
turates, benzodiazepines and even alcohol. However, tions. There is strong evidence that higher plasma levels
the solvents, as a group, interact with so many different of BZP are associated with an increased incidence of
receptor subtypes that their actual mechanism of action seizures. Co-ingestion of ethanol increases the likeli-
remains unclear. hood of adverse BZP-induced symptoms, but reduces
the incidence of BZP seizures.
Novel psychoactive substances When taken in small doses the piperazine com-
monly abbreviated as TFMPP (trif luoromethyl
(legal highs) phenylpiperazine) is said to produce effects like those
These drugs first emerged in New Zealand during of MDMA. However, in large doses, or when combined
the early 2000s, but use has quickly spread to involve with BZP, or alcohol or both, it may be toxic. A recent
Europe and the USA. By the end of 2015, more than 560 clinical trial employing a fixed dose of TFMPP and BZP
NPS had been reported to the European Monitoring had to be discontinued early because so many of the par-
Centre for Drugs and Drug Addiction. The most popu- ticipants experienced agitation, anxiety, hallucinations,
lar compounds are synthetic cannabinoids and psy- vomiting, insomnia and migraine. As with BZP, many of
chostimulatory derivatives of cathinone (so-called the effects resemble those produced by amphetamines,
β-keto-amphetamines). These drugs are commonly (and including increased heart rate and blood pressure and
sometime incorrectly) known as ‘legal highs’. Their legal insomnia.
status is generally an evolving one, and what was legal Meta-chlorophenylpiperazine (MCPP) is also a piper-
one day may, by virtue of new legislation, become illegal azine and a non-selective serotonin receptor agonist. It
almost overnight. Governments are concerned by the is sold as legal alternative to illicit stimulants, mostly in
proliferation of such substances, many of which may New Zealand. Like the other piperazines, MCPP is some-
be sold in corner shops or over the Internet, and they times sold as faux MDMA. MCPP causes headaches in
318 Licit and illicit drugs
Table 24.4 Main Effects & Intentions of the Psychoactive Substances Act 2016
• Makes it an offence to produce, supply, offer to supply, possess with intent to supply, possess on custodial premises,
import or export psychoactive substances; that is, any substance intended for human consumption that is capable
of producing a psychoactive effect. The maximum sentence will be 7 years’ imprisonment
• Excludes legitimate substances, such as food, alcohol, tobacco, nicotine, caffeine and medical products from the
scope of the offence, as well as controlled drugs, which continue to be regulated by the Misuse of Drugs Act 1971
• Exempts healthcare activities and approved scientific research from the offences under the act on the basis that
persons engaged in such activities have a legitimate need to use psychoactive substances in their work
• Includes provision for civil sanctions – prohibition notices, premises notices, prohibition orders and premises orders
(breach of the 2 orders will be a criminal offence) – to enable the police and local authorities to adopt a graded
response to the supply of psychoactive substances in appropriate cases
• Provides powers to stop and search persons, vehicles and vessels, enter and search premises in accordance with a
warrant, and to seize and destroy psychoactive substances.
Source: https://www.gov.uk/government/collections/psychoactive-substances-bill-2015.
humans, and has been used as a challenge agent for test- poly-drug use complicates the interpretation of the
ing potential anti-migraine medications. Up to 10 per forensic toxicological analysis.
cent of those who take MCPP will develop a migraine NPSs are also associated with injection use and the
headache, and 90 per cent of individuals who commonly accompanying risks (e.g., hepatitis C).
suffer from migraines will have an attack if challenged
with MCPP. This has tended to limit the use of MCPP as a
recreational drug, and may explain why no deaths have Drug facilitated sexual assault
been reported after its use. There are also reports that Drug facilitated sexual assault (DFSA) is a matter of
MCPP has been used as a cocaine adulterant. substantial public concern. All published data indicates
Harm reduction measures on the club and rave scene that alcohol intoxication combined with voluntary drug
have included on-the-spot analysis of drugs to ensure consumption presents the greatest risk factor for DFSA,
that what has been bought (even though illegal) is what despite populist perceptions that covert drink-spiking
it is purported to be rather than something more dan- is a common occurrence. There is a need to develop
gerous. policies that encourage early responders to suspected
As these drugs are relatively new, with little expo- DFSA (e.g., law enforcement agencies, medical staff,
sure experienced by humans, there are many concerns support agencies), to collect detailed information about
for possible ill-health effects that remain unknown. It the individual’s licit and illicit drug consumption his-
should be noted that some amphetamine analogues tory, in order to assist in providing appropriate and more
containing paramethoxy group are known to cause thorough contextual information.
severe hyperthermia and even death owing to concur- Certain drugs have been identified as having par-
rent monoamine oxidase inhibitor (MAOI) and mono- ticular potential for use in DFSA and these include,
amine releasing action. The deaths of two young men ethanol, chloral hydrate, BZs, non-BZ sedative-hyp-
in Sweden in 2009 were attributed to methadrone over- notics, GHB, ketamine, opioids, dextromethorphan,
dose. barbiturates, anticholinergics and antihistamines.
As time progresses, and the usage of specific NPS Clinical examination, and early collection of blood,
increases, neuropharmacological and clinical knowl- urine and hair samples as soon as possible after an
edge has progressed for a number of these substances alleged incident may assist in determining the possi-
such as mitragynine (‘Kratom’), synthetic cannabinoids ble drug group involved (if any), and the time at which
(e.g., ‘Spice’), dimethyltryptamine and novel serotoner- it was administered. Such information may assist the
gic hallucinogens, the cathinones mephedrone and toxicology laboratory in directing appropriate investi-
methylone, ketamine and novel dissociative drugs, gation techniques. Possibly the most important future
γ-hydroxybutyrate, γ-butyrolactone, and 1,4-butane- need is for education to ensure that children and young
diol. Mephedrone, for example, had blood concen- people understand the implications of drug-induced
trations in cases of fatal intoxications higher than in risky decisions, reduced inhibitions and reduced abil-
non-fatal cases. However, in both circumstances there ity to resist.
is great variability in mephedrone concentration mea- GHB is produced as a post mortem artefact, both in
sured, potentially attributable to interindividual differ- the urine and the blood, and post mortem GHB blood
ences in pharmacokinetics-pharmacodynamics and measurements are particularly difficult to interpret.
Bibliography and information sources 319
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25 Medicinal poisons
status changes; agitation; hyperreflexia; myoclonus; interval to lengthen, become pathologically long and
diaphoresis; shivering; tremor; diarrhoea; incoordina- produce an arrhythmia. The diagnosis is made by DNA
tion; fever. Generally, the Hunter Criteria are considered resequencing.
more specific and more sensitive than the Sternbach An acquired form of this disorder also exists and is,
Criteria. A list of drugs known to cause SS is given in in fact, much more common than the heritable form
Box 25.1. of the syndrome. Acquired LQTS is the result of a drug
interaction between a drug and one of the channels
QT interval prolongation (long QT which controls the orderly sequence of depolarisa-
tion within the heart’s individual cardiomyocytes. The
syndrome) structure in question is called the ‘rapid delayed repo-
Since the 1990s, the concept of primary ‘inherited’ larising channel’, abbreviated as hERG. The molecular
arrhythmia syndromes, or ion channelopathies, structure of the hERG channel is shown in Figure 25.2.
has developed from advances in molecular genet- Some individuals carry mutations that make them
ics. Alterations in genes coding for membrane pro- more subject to hERG interactions. The end result
teins, such as ion channels or their associated proteins is the same as with any hereditary cause of the dis-
responsible for the generation of cardiac action poten- ease: QT prolongation, arrhythmia and sudden death.
tials (AP), cause specific malfunctions which eventu- Methadone is perhaps the most notorious of the drugs
ally lead to cardiac arrhythmias. These arrhythmic that produces this syndrome but, as indicated in Box
disorders include a wide variety of conditions. Among 25.2, the list of drugs is a long one and is growing con-
these, long QT, and Brugada, syndromes are the most tinuously. Routine toxicology screening will not reveal
extensively studied, and drugs cause a phenocopy of whether this interaction has occurred, and there will be
these two diseases. More than 10 different genes have no detectable changes at autopsy, making a thorough
been reported to be responsible for each syndrome. review of the medical history mandatory; even then the
Individuals with long QT syndrome (LQTS) experience diagnosis may be impossible to make at autopsy.
abnormal prolongation of the QT interval – the portion
of the electrocardiogram (ECG) that represents repolari-
sation of cardiomyocytes (Figure 25.1). The QT interval Drugs with unique modes of action
extends from the onset of the Q wave to the end of the Some drugs have unique modes of action. Examples
T wave. The normal rate-adjusted length for the QT include lithium, which though itself is devoid of any
interval is less than 440 milliseconds. A prolonged QT psychoactive effects except as a mood stabiliser, has a
interval favours the occurrence of a lethal form of ven- very complex mode of action. In fact, its mode of action
tricular tachycardia known as torsades des pointes. The is not known with certainty. There is some evidence that
QT prolongation may be caused by genetic aberration an excitatory neurotransmitter could be involved. It has
or it may be acquired. Even those with the genetic form also been proposed that lithium alters gene expression.
of the disease may have a perfectly normal-appearing Chronic lithium poisoning is characteristically asso-
electrocardiogram until some event causes the QT ciated with greater toxicity than acute ingestion, and
Drugs with unique modes of action 323
tonin syndrome R
Antidepressants
Monoamine oxidase inhibitors
Selective serotonin reuptake inhibitors
Tricyclic antidepressants
Bupropion ST
segment
Trazadone PR
segment T
P
Narcotic analgesics
Buprenorphine
Fentanyl
PR interval Q
Hydrocodone
S
Merperidine
QT interval
Oxycodone
Pentazocine
Figure 25.1 Electrocardiogram (ECG) showing QT interval
Tramadol which can be prolonged in the repolarisation of cardio-
Stimulant drugs myocytes. (Courtesy of Steven B Karch.)
Cocaine
All amphetamines No discussion of forensic toxicology would be com-
plete without some mention of insulin poisoning via the
Methylphenidate
exogenous administration of insulin. Insulin poisoning
Migraine treatments was once a popular means of homicide; now it is rare.
All triptans (agents that bind type 1 serotonin Insulin overdose can cause fatal brain damage, but if
receptors overdose is suspected it can be confirmed by several dif-
ferent methods. Analysis of homicidal insulin overdose
Psychedelics
LSD (lysergic acid diethylamide)
MDMA (3,4-methylenedioxymethamphetamine,
commonly known as ecstasy)
MDA (3,4-methylenedioxyamphetamine)
Miscellaneous agents (many different types of
drugs fall into this category)
Chlorpheniramine
Dextromethorphan
Lithium
Olanzapine
Risperidone
Ritonavir
▪▪ Arsenic ▪▪ Lead
▪▪ Carbon monoxide ▪▪ Methanol
▪▪ Cyanide ▪▪ Bibliography and information sources
CAsIDS is the use of bone arsenic load as an essential and include: relative concentrations of CO and oxygen,
criterion for the individual risk assessment of chronic alveolar ventilation, duration and intensity of exposure.
arsenic intoxication, combined with a systemic clini- However, chronic exposure to high levels of CO leads
cal assessment. Such cases (fatal and non-fatal) provide to CO binding to proteins with less affinity than hae-
complex clinical conundra. moglobin, such as myoglobin and cytochromes of the
P450 system, particularly a3. Differential affinity may
Carbon monoxide also account for some of the variations in response to
Intoxication from carbon monoxide (CO) is a phenom- exposure. Hypoxic stress caused by CO exposure alone
enon that occurs in a wide variety of settings worldwide. would not seem to account for some of the longer-term
CO is a major environmental toxin whose effects were effects and it is believed that CO also initiates a cascade
described over a century ago by Haldane. It is consid- of events culminating in oxidative stress.
ered a public health issue in many countries. It is a The World Health Organisation has issued guide-
colourless, odourless and non-irritant gas produced by lines for the level of CO in the air that will prevent blood
the incomplete combustion of hydrocarbons and found COHb levels from rising above 2.5 per cent. Exposure to
whenever organic matter is burned in the presence of CO may be difficult to detect. Work, domestic and lei-
insufficient oxygen. The highest concentrations to be sure settings may all account for exposure. If exposure
found in the modern urban environment are generated is suspected, it is appropriate to use a system such as
by motor vehicles, petrol-powered tools, heaters and the CH2OPD2 mnemonic to try to explore the source of
barbecues. Ambient air concentrations of more than environmental exposure (enquiring about Community,
100 ppm are considered dangerous to human health. Home, Hobbies, Occupation, Personal, Diet and Drug
The effects observed include a variety of physical and issues). Systematic enquiry is the most efficient way of
neurological signs and symptoms ranging from none establishing a cause and a source.
to death. Exposure occurs in two main ways: (1) acute Poisoning by CO is described as a ‘disease with a
exposure for varying lengths of time where the effects thousand faces’ because of its many different clinical
are generally immediately obvious, and (2) delayed or presentations. Classic acute CO intoxication is said to
chronic exposure where the effects may be unrecog- cause the triad of cherry-red lips, cyanosis and reti-
nised for days, months or years. The diagnosis of CO nal haemorrhages, but this type is rare. In many cases
exposure may be one of exclusion. Figure 26.1 shows a more insidious presentation develops and the only
Public Health England’s guidelines for diagnosing CO indicator may be a general malaise or suspicion of a
poisoning. viral-type illness. Specific symptoms include headache,
The problems of recognising low-grade exposure to dizziness, nausea, shortness of breath, altered vision,
CO may result in a considerable underestimation of the altered hearing, chest pain, palpitations, poor concen-
problem. Between 1995 and 2018, a total of 697 deaths tration, muscle aches and cramps and abdominal pain.
from unintentional CO poisoning occurred in the UK, Sometimes these may occur in clusters and sometimes
with a male to female ratio of 2:1. The number of deaths in isolation. More serious effects include loss of con-
each year has reduced dramatically from 65 deaths in sciousness, myocardial ischaemia, hypotension, con-
1995/96 to 3 deaths in 2017/18. gestive cardiac failure, arrhythmias, mental confusion
CO dissolves in plasma and binds to oxygen-trans- and mood variation. These symptoms and signs may be
porting proteins haemoglobin (in plasma) and myoglo- present during acute exposure at higher level in non-
bin, and the cytochrome system in tissues. The most fatal cases, but also in the more chronic or prolonged
significant affinity is for haemoglobin. CO is absorbed exposures.
through the lungs and binds to haemoglobin (Hb) form- In addition to the symptoms and signs discussed
ing carboxyhaemoglobin (COHb). This a reversible reac- there are a variety of neurological, psychiatric and psy-
tion that can be described as follows: chological sequelae that may develop days, months and
years after initial exposure.
HbO2 + CO → COHb + O2 Diagnosis is made by measurement of venous COHb
levels; however, there is no absolute level that can confirm
The affinity of Hb for CO is up to 250 times greater the presence or absence of poisoning. A level above 10 per
than that for oxygen and the presence of CO results in cent is considered to confirm the diagnosis, unless the
a shift of the oxygen–haemoglobin dissociation curve individual is a heavy smoker (Box 26.1). Concentrations
to the left, causing decreased oxygen-carrying capacity of COHb in arterial blood are not significantly different
and impaired delivery of oxygen to the tissues. Cellular from venous concentrations and so an arterial sample
hypoxia results and cardiac function is diminished is not required for diagnosis. Arterial blood gas mea-
because of hypoxia. The link between levels of CO and surements can show a mixed picture of normal partial
effects is not direct. The amount of uptake is governed pressure of o xygen, variable partial pressure of carbon
by a number of variables, all of which are interrelated dioxide, and decreased oxygen saturation, all in the
Carbon monoxide 327
Figure 26.1 Diagnosing CO poisoning. (From Public Health England, 2015.) (Continued)
presence of a metabolic acidosis. Problems arise, par- Table 26.1 shows the symptoms produced by increas-
ticularly in chronic, lower-dose exposures, because the ing concentrations of CO within the body.
COHb concentration will revert to ‘normal’ values once CO was once a frequent means of suicide, but changes
the source of exposure has been removed; however, the in technology have led to a marked decrease in the num-
removal process is dependent on the half-life of COHb in ber of deaths. In the 1950s, inhaling coal gas accounted
the particular setting. Normal COHb levels do not neces- for nearly half of all suicides in the UK, but the rate
sarily rule out CO poisoning. markedly declined after natural gas replaced coal gas
328 Miscellaneous poisons
Figure 26.1 (Continued) Diagnosing CO poisoning. (From Public Health England, 2015.)
in the 1960s. The introduction of catalytic converters for amounts of CO may be generated if a car is left with
automobiles has reduced, but not quite eliminated, sui- its engine running in a closed garage. The majority of
cides committed by inhaling the exhaust fumes from a accidental poisonings and suicides by CO occur as a
car engine operating in an enclosed space. The catalytic result of burning charcoal in a confined space. In the
converters found in cars today eliminate over 99 per most frequent scenario, a charcoal barbecue is lit in a
cent of the CO produced but, even then, very substantial closed room. If death was solitary and intended, then
Methanol 329
the windows and doors are likely to have been sealed off.
If not, it may be difficult to determine whether or not the
Lead
cause of death was accident or suicide. Routes of lead exposure include contaminated air,
water, soil, food and certain lead-containing consumer
products, particularly those made in China. It has been
Cyanide associated with the use of Ayurvedic medicines and
Cyanide ions prevent cells from utilising oxygen; they food contamination. In adults, the most common cause
inhibit the enzyme cytochrome c oxidase. High concen- of lead poisoning is occupational exposure, whereas in
trations of cyanide lead to cardiac arrest within minutes children it is the lead paint that exists in older homes.
of exposure. Exposure to lower levels of cyanide over a Aged lead paint is likely to peel off walls and may look
long period (e.g., after use of cassava roots as a primary like an attractive item of food to children. Lead is toxic
food source, which is a relatively common occurrence in because it can substitute for calcium in many funda-
tropical Africa) results in increased blood cyanide lev- mental cellular processes, although how it does so is
els, which can cause weakness and a variety of symp- not entirely clear: neither the electronic structures nor
toms including permanent paralysis. Cigarette smoking the ionic radii of the two elements bear any particular
also increases blood cyanide concentrations, although resemblance. Nonetheless, lead can cross red blood cell
membranes as well as the blood–brain barrier and enter
the neuroglia cells which support brain function. This
Table 26.1 Symptoms produced by carbon monoxide explains why exposed children may develop permanent
learning and behavioural disorders.
Concentration
Symptoms of lead poisoning include abdominal pain,
(ppm) Symptom
headache, anaemia, irritability and, in severe cases, sei-
35 Headache, dizziness zures, coma and death. X-rays will expose dense lines
100 Headache, dizziness in the long bones of children, and red cells undergo a
change known as basophilic stippling, where blue-stain-
200 Headache, loss of judgement ing remnants of destroyed DNA are seen lining the mar-
400 Frontal headache gins of the red cells. This change is diagnostic for lead
800 Dizziness, nausea, convulsions poisoning. The main tool for diagnosis is measurement
of the blood lead level. Treatment depends on the blood
1600 Tachycardia, nausea, death in less level and is designed to remove the lead from the body
than 1 hour (chelation therapy).
3200 Tachycardia, nausea, death in less
than 20 minutes
6400 Convulsions, respiratory arrest,
Methanol
death in 1–2 minutes Like ethanol, methanol can cause fatal central nervous
system (CNS) depression. Methanol intoxication is an
12,800 Unconsciousness after two breaths, uncommon but serious poisoning. Its adverse effects are
death in 3 minutes due primarily to the impact of its major metabolite formic
330 Miscellaneous poisons
acid and lactic acid resulting from cellular hypoxia. All of CO-Gas Safety. The Carbon Monoxide and Gas Safety Society.
these processes occur in the liver. Formic acid (formate) Analysis of deaths and injuries. http://www.co-gassafety.
is toxic because it inhibits mitochondrial cytochrome c co.uk/information/co-gas-safetys-statistics-of-deaths-and-
oxidase, causing hypoxia at the cellular level. Symptoms injuries/ (Accessed 10 June 2019).
including abdominal pain and loss of vision can appear Croxford B, Leonardi GS, Kreis I. Self-reported neurological symp-
toms in relation to CO emissions due to problem gas appli-
a few hours to a few days after exposure, reflecting the
ance installations in London: a cross-sectional survey. Environ
time necessary for accumulation of the toxic byprod- Health 2008;7:34.
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poisoning most often occurs after drinking windscreen- (CAsIDS). J Appl Toxicol 2018;38(1):122–144.
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The initial symptoms of methanol intoxication trum of clinical manifestations in a single patient, a diagnostic
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Index
A aneurysm phases and signs, 162–166
atheromatous, of the aorta, 73–74 restraint, 171–172, 209
abdomen
Charcot-Bouchard, 76 aspiration of water, 193–194
asphyxia due to pressure on,
circle of Willis, 75 assault
173–174
dissecting, of the aorta, 74 child, see children
injury, 159–160 intracranial, 75–76 occasioning actual bodily harm,
child, 160, 248 ruptured berry, 75–76 offence of, 106
organs, see organs syphilitic, 74–75 sexual, see sexual assault
abortion, 78 animals subarachnoid haemorrhage and,
abrasion, 113–116 decomposition, predation and, 75, 152–153
abuse, child, see child abuse 60, 63–64, 67–68 asthma, 77, 79–81
Abusive Head Trauma (AHT), 98 transplanted material from, 35 atheromatous aortic aneurysm,
accident anthropology, forensic, 53, 63, 68, 73–74
children, 102 145, 198, 203 atheromatous plaque, 70
fire death, 184–185 antidepressants, 308, 314 Attenuating Energy Projectile
firearms death due to, serotonin syndrome, 308, 323 (AEP), 141
142–143 anus (in sexual assault) autoerotic asphyxia, 171–172
accidental trauma in infants, 98 examination, 237 autopsy (post mortem
acid bath murders, 278 child, 252 examination;
acid phosphatase test, 286 penetration/intercourse, 237 necropsy), 45–49
actual bodily harm, offence of aorta clinical, 45
assault occasioning, 106 aneurysms, 73–74 Coronary commissioning/
adipocere, 62 stenosis (incl. aortic valve), requiring, 11
adjudication (fitness to practice 71–72 diagnostic approach, 45
procedures), 25 appeal (doctor’s right of) against drowning, 194
affidavit, 8 decision on fitness-to- examination, 46
affirmation, 8, 9 practice, 26–28 facilities, 46, 48
age determination appearance after death medicolegal, 45, 46, 47, 48
bruising, 112 early post mortem interval, Minnesota protocol, 49–52
decomposed remains, 203 55–58 permission for organ/
fetal, 85 facial, 57, 202 tissue harvesting for
gestational, 85 arms, defence injuries, 122–123 transplantation, 34
living, 204, 205 arrhythmias, 69, 71 quality, 48
air bags, 265 drowning, 194–195 rate variations between
air rifles, 133, 140 drug-induced, 322 jurisdictions, 44
aircraft fatalities, 267–268 arrhythmogenic right ventricular reports, 11
airgun, 133, 140 cardiomyopathy, 73 aviation incidents, 267–268
airway in drowning, 194 arsenic, 325–326 axonal injury, traumatic, 155
alcohol, see ethanol; methanol hERG channel and, 297
Alcohol Use Disorders Identification artefactual injuries, immersed
B
Test (AUDIT), 218 body, 193
allergic drug reactions, 297 arterial disease bacteria and decomposition, 59
amphetamines, 308, 309–310 coronary, 69–71 ballistic injuries, 133–147
designer, 315 extracardiac, 73–76 Barleycorn Public House
amputation arterial spurting, 289 Murder’, 169
in torture, 273 asphyxia, 162–175 baroreceptors, carotid sinus,
by train, 267 classification/types, 162, 163, 166, 167
amylase test, 287 166–172 baton(s), 210–211
333
334 Index
oral, 100 consent (to disclose), 10, 15, 17, 19, dating of bones, 63
visceral, 100–101 20–21 death (mortality; fatality), 30–103;
scalds, 179, 247 consent form to history see also cadaver;
sexual, 102–103, 244, 251–252 examination and report homicide, infanticide;
child death notification, 89–91 (sexual assault), 231 lethal dose; suicide;
Child Death Overview Panels contact blood staining, 287, 288 survival
(CDOP), 88 contact wounds alcohol detection after, 232
children (and young people); see also rifled weapons, 137–139 appearance after, 55–58
child abuse; infants shotgun, 136 asphyxia, 162–175
post mortem in, 88 contrecoup injury to brain, 155–156 bruising after, 112–113
hypothermia, 185, 186 convulsions, see seizures and burns-related, factors influencing
safeguarding, 246, 252–253 convulsions risk of, 178
consent, 23–24 cooling, body, after death, 58–59 certification, 35–38
Children Act (1989), 244, 245, 246 coronary artery disease, 69–71 definitions, 30–31
choking, 172 Coroner determination of cause of, 35–38
choking game, 169 Commissioning/requiring disclosure after, 22
chop injury, 120 autopsy, 11 drug redistribution after, 300
chronic arsenic intoxication referral of deaths to, 43, 44 electrocution, 187, 188–189
diagnostic score (CAsIDS), Coroners and Justice Act fire, see fire
325–326 (Amended) 2017 firearms, determination of
circle of Willis aneurysm, 75 coughing blood, 289 circumstances, 142–143
civil law, 3–4 County Court, 3 immersion
Clinical Institute Withdrawal coup injury to brain, 155–156 example causes, 192
Assessment of courts, 1, 2 mechanisms, 194–195
Alcohol Scale, Revised civil law, 3–4 infants and children, 83–103
(CIWA-Ar), 220 criminal law, 1–3 lightning, 189
cloning, 35 evidence for, see evidence medicolegal investigation, 43–45
clothing witness in, see witnesses multiple, see mass disasters
fibres, 293 cranial fractures, see skull fractures natural causes, 69–81
in hypothermia, paradoxical crash helmets, motorcycle, 265 in police custody, 218–219
undressing, 186–187 crime scene rapid changes after, 55
cocaine, 308, 309–310, 312, 317 evidence recovery, 278 sudden and unexpected (from
codeine and morphine poisoning in examination, 276–278 natural causes), 69–81
breastfed neonate, 300 Crime Scene Investigation effect, 277 suspicious, 48, 49, 157
cold injury, see hypothermia criminal law, 1–3 time of, see time of death
cold shock response, 195 statements and reports, 7–8 transportation
colleagues, duty of physician to, 15 crocodile skin, 188 aircraft, 267–268
coma, 31, 32 crossbows, 141–142 marine, 268
common law, 2 Crown Prosecution Service, 2 railway, 266–267
complex non-linear systems’, 107 crush abrasions, 113, 114–115 deceased, see cadaver
compression (pressure) crush asphyxia, 174 deceleration injuries with car
asphyxia due to, 162, 166–172, crystal meth (methamphetamine), occupants, 263
173–175 309 seatbelts and, 263–264
handcuff, neuropathy due to, 210 CS irritant spray, 211 decisions and capacity to consent,
consciousness CSI effect, 277 see capacity
prolonged disorders of, 31–33 cuffs, 209–210 Declarations of World Medical
definitions of, 32 cyanide, 329 Association (WMA), 14, 16
conducted electrical weapons, cytochrome P450 enzymes, 297, 300 decomposition/putrefaction,
213–214 59–60
spit guards/hoods, 214 Identification of remains with,
D
conduction, cardiac, and sudden 202, 203
death, 70 damage (to items) assessment, 290 defence injuries, 122–123
confidentiality, 10, 17, 19–22 Damage-Associated Molecular degloving of immersed body,
not applying, see disclosure Patterns (DAMPs), and 191, 192
conflict resolution, 208–209 ’Alarmins, 106 delirium, excited, 310
336 Index
hair as drug testing matrix, 299 human immunodeficiency virus, infanticide, 83–85
hallucinogens (psychedelics) 229, 239, 307 infection
serotonin syndrome, 323 Human Rights Act 1998, 33 intravenous drug users, 307
hallucinogens, 314–315 human, identifying remains as, 203 sexually-transmitted, 229
hand guns, 134–135 humane killers, 141 ‘Inflicted Head Injury’ (IHI), 98
hand(s); see also empty hand restraint hyperextension injury (neck), 158 inhalant abuse, 317
defence injuries, 122–123 hyperflexion injury (neck), 158 injection of illicit drugs, 307
strangulation using, 168–169 hypersensitivity reactions, drug, 297 injuries (trauma)
handcuffs, 209–210 hypertensive heart disease, 71 ballistic, 133–147
hanging, 162, 170–171, 172 hyperthermia, 180 body response to, 106–107
harm reduction with drugs, 307, hypertrophic cardiomyopathy, 73 cold, see hypothermia
308, 318 hypnotics, 314 documentation, 127–130
head injuries, 149–156 hypostasis, post mortem, 56–58 electrical, see electrical trauma
child/infant, 88–98, 248 hypothermia, 185–187 from force or restraint, 209–214
Health & Care Professions Council cold water, 185–187, 193, 196 head, 149–156
(HCPC), 15–16 heat, 177–185
heart; see also arrhythmias immersed body, artefactual, 193
I
disease/disorders, 69–73 law, 105–106
drowning and, 192 ICD (International Statistical non-accidental, see non-accidental
stimulant-related, 309 Classification of Diseases injury
reflex cardiac arrest, 167 and Related Health non-fatal violence-related injury,
heat injury, 177–185 Problems), 37–38 106–107
height determination from IDENT1, 291 post mortem, 63–64
decomposed/skeletalised identification (of the dead or living), regional, 149–160
remains, 203 198–205 infants and children, 83–103, 151
helmets, motorcycles, 265 dental, 122, 199–201 self-inflicted, 124–126
Henssge’s nomogram, 64, 65 fingerprints, 201, 290–291 in sexual assault, 237
hepatic, see liver fire victims, 182 subarachnoid haemorrhage due
hepatitis, viral, 229, 307 infant (dead) and mother, 85 to, 75, 152–153
hERG potassium channel, 297, 322, methods, 198–202 survival after, 123–124
323 criteria, 198–199 terminology, 105
heroin, 297, 298, 299, 307, 312–313 DNA profiling, 199 transportation, 257–268
adulterants, 313 morphological characteristics, types of, 108–123
hesitation’ or ‘tentative’ 201–202 inquest, 43, 44
injuries, 124 tattoos and body piercings, 202 insects (and entomology),
‘hickey’ bites, 111 idiosyncratic drug reactions, 297 decomposition, predation
hide and die syndrome, 186–187 imaging (radiology), post mortem, and, 60, 63, 67–68
High Court, 3–4 44, 48–49 insulin poisoning, 323–324
Appeal against Fitness to Practice fire victims, 182 interactions, drug, 297
decision, 26–28 immersion (in water), 60–2, 191–196; interim orders tribunal, 26
Hippocratic Oath, 13, 14 see also drowning International Committee of the Red
HIV, 229, 239, 307 diagnosis, 191, 193–194 Cross, 271, 272
homicide (incl. murder), 40–42 evidence of, 191–192 international dimensions
domestic violence-related, 41–42 hypothermia, 185–187, 193, 196 legal systems, 1
familial, 87 torture, 126 medical ethics, 14, 15, 16
fire, 184–185 immersion and, 60–62 International Statistical
firearms, 142 impact rounds, 211–213 Classification of Diseases
global data impact spatter (blood), 288–289 and Related Health
by age, 40, 41 incised wounds, 118 Problems (ICD), 37–38
by gender, 40–41 self-inflicted, 125 interpersonal violence, 40–42
incidence, global, 40 infant(s); see also child abuse intervertebral disc injury, 158
infant, 83–85 deaths, 83–85 intestine (bowel)
mechanism, 42 non-accidental, 83–85, 249, 250 infant injuries, 100–101
as public health problem, 41 skull fractures, 88–98, 151 infarction, 77
homologous transplantation, 33 newborn, see neonates intimate examination, guidance, 14
Index 339
spinal injury, 157–158 fires, cyanide poisoning, 329 toxicology (poisoning), 295–330;
pedestrians, 261, 262 hypothermia, 185 see also drugs
spit guards/hoods, 214 spectrum of, 31 definitions, 296–297
splenic injury, 158 trauma, 123–124 interpretation of measurements,
stab wounds, 118–120 spinal, 157 299–300
self-inflicted, 124 suspension (torture), 273 testing matrices, 298
stamping, 111, 114, 120–122, 292 suspicious deaths trace evidence, 144, 232, 279–280,
standards of proof, see proof autopsies, 49 292–293
statements and reports, 7–8; blood patterns, 157 train injuries, 266–267
see also documentation photographs, 48, 49 tramadol, 323
content of, 10–11 swearing in (taking the oath), 8, 9 tramline bruises, 111, 113
medicolegal, preparation of, 9–10 sworn statement, 8 transplantation, 33–35
preparation, 9–10 Sydney Shark Case’ (1935), 202 transportation, 257–268
stature determination from syphilitic aneurysm, 74–75 trauma load, 107
decomposed/skeletonised trauma, see injuries
remains, 203 traumatic asphyxia, 174
T
sternal fracture, 158–159 traumatic brain injury, 32
stillbirths, 83 Tardieu spots, 164 triage, mass disasters, 145
stimulants, 308–12 Taser®, 213–214 trifluoromethylphenylpiperazine
serotonin syndrome, 308–309, 323 tattooing, 138, 139, 202 (TFMPP), 317
stomach, see entries under gastric tattoos, 202 trunk, asphyxia die to pressure on,
strangulation, 162, 167–170 teeth and associated structures, 173–174
signs of, 168 identification from, trust (doctor–patient), 17, 19
stroke (cerebrovascular 199–201 tuberculosis, pulmonary, 77
accident), 76 temperature; see also heat injury; tyre-tread bruising, 262, 263
strontium-90 hypothermia
blood, drowning, 196 body, and time of death, 57–58,
U
bone dating, 63 64–67
stud guns, 141 environmental, 57 unarmed restraint, 209
subarachnoid haemorrhage, 75–76 and rigor mortis, 56 undressing in hypothermia,
traumatic basal, 75, 152–153, 154 tetrahydrocannabinol (THC), 316 paradoxical, 186–187
subdural haemorrhage, 98, 152, 153 TFMPP (trifluoromethyl- urine, 287
subpleural haemorrhage, 194 phenylpiperazine), 317 as drug testing matrix, 298–299
substance misuse, see drugs; THC (tetrahydrocannabinol), 316
toxicology thermal injury, see heat injury;
V
sudden and unexpected death hypothermia
diagnosis, 37 thorax, see chest vagal inhibition, 167
Form B4, 92–97 thromboembolism, pulmonary, vascular disorders and lesions,
infants (SIDS), 86–87 76–77 stimulant-related,
from natural causes, 69–81 thrombosis 308–309, 311; see also
suffocation (deliberate/intentional), cerebral, 76 aneurysm
86, 172–173 mesenteric, 77 vegetative state (VS), 31–33
suicide time of death (post-mortem vehicle accidents, see driving; road
carbon monoxide inhalation, interval) traffic accidents
327–329 early, 55–59 ventricular cardiomyopathy,
fire, 185 estimation, 64–68 arrhythmogenic right, 73
firearms, 142–143 body temperature, 58–59 ventricular tachycardia
hanging, 172 tissue transplantation, 33–35 with QT interval
railway, 267 tolerance (drug), 296 prolongation, 322
suffocation, 172 opiates, 313 vertebrae, injury, 158
Supreme Court, 2 torsades des pointes, 322 vertebral artery trauma, 75, 153
survival torture, 271–274 violent crime, data on, 106
asphyxial episode, 166 identification in police custody, virtual autopsy, 49
hanging, 171 223–224 viscera, see organs/viscera
Index 343