APA News

  • APA Expert Witness Seminar


    APA Expert Witness Seminar Delegates and Experts


    The witness box is a lonely place

    Brainchild of the APA Educational Trust and Training Committee the event was very successful in realistic court training. Each of 12 experts in food and toxicology gave their evidence in chief under the experienced eye of a magistrate and a Public Analyst who constituted the ‘bench’. Judith Barnett, who sat on the Harrow bench for many years kept proceedings legally correct while Malvern Barnett MChemA who has acted as Public Analyst for many Food Authorities supplied the bench with background knowledge.

    The barristers from Gough Square Chambers were:
    • Ms Claire Andrews LLB, Barrister, FCIArb, Accredited Mediator, Head of Chambers, first tier Tribunal Judge, Social and Health Care Chamber, and author “The Enforcement of Regulatory Offences” (1998) and other publications. Ms Andrews’ Regulatory cases include Lewin v. Purity Soft Drinks [2004] EWHC 3119 (Admin)
    • Mr Jonathan Goulding LLB, Barrister, who recently appeared in the two leading Court of Appeal cases on the construction of key concepts in the Consumer Protection from Unfair Trading Regulations 2008. Mr Goulding is Contributing Editor: Unfair Commercial Practices chapter in ‘Consumer and Trading Standards Law and Practice’, Third Edition (Jordan 2013) and other publications

    The ‘cases’ included contamination of peanuts with cancer causing aflatoxins, meat species food fraud and passing off vegetable oil concoctions as premium dairy products.  Also under scrutiny were concealed additives that can affect children’s behaviour and a food supplement making very dubious claims to prevent, treat or cure diseases. Toxicologists who analyse post mortem specimens in Public Analyst labs for Coroners practiced their forensic skills and that perennial magistrate’s court favourite, the watered spirit drink also featured. All the practice material came from recent investigations in Public Analysts labs.  Ms Andrews and Mr Goulding, acting alternately as prosecution and defence counsel, brought all their considerable forensic skills and broad knowledge of food law to the exercise.

    The delegates were put through very realistic scenarios and in general acquitted themselves well. Although almost as nerve wracking as a real trial, all who took part learned from the experience and were keen that it should be repeated.

    For serious contraventions of food law where a prosecution takes place the Public Analyst’s formal certificates is generally accepted by the courts as sufficient evidence of the facts in the matter. Indeed case law has established that if it is unchallenged a Public Analyst’s certificate should be accepted by magistrates who must act upon it and convict. It is also a matter of case law that the Public Analyst is empowered to interpret the analysis with regard to statutory requirements, a function normally reserved to the courts themselves.

    The next training event is the week long residential course at Reading University ‘Analysis and Examination of Foods 2014 (28th April to 2nd May). This informative and very enjoyable (though demanding) week of lectures and interactive workshops is highly recommended by the APA Training Committee. It is excellent preparation and professional development for senior laboratory and reporting staff in Public Analysts’ laboratories.

    The course programme is on a two year rolling cycle covering most aspects of the Mastership in Chemical Analysis , MChemA, syllabus. Attendance is essential preparation for those intending to sit the qualification examinations for the statutory MChemA administered by the Royal Society of Chemistry. Those delegates who attended in 2013 will find the course particularly useful. Further information available by e-mailing APA Training Officer .(JavaScript must be enabled to view this email address)