NRGD annual report 2023

Preface

Over the past seven and a half years, Eric Bakker has seen the NRGD grow as a registry and develop as an organisation promoting forensic quality. On 1 January 2024, he stepped down as chairman of the Executive Board. Eric gave a farewell interview in which he reflected on this time. You can find the full interview on the NRGD website . Below we give an abridged version of the interview.

‘Of course, as a criminal court judge, I was already familiar with the NRGD. For instance, I would read in expert reports that someone in the NRGD was registered under a particular number. I had no idea what was behind it all. The tasks involved, the discussions about forensic requirements or the move towards recognition that we are making now, all that is not visible to many people. But the NRGD is so much more than just a box of index cards with the names of experts.’

The NRGD came into being as a response to miscarriages of justice. ‘There are currently still miscarriages of justice, although I have the impression that they are less shocking than at the time of the Schiedam park murder. But investigations into miscarriages of justice continue to be important, to see what went wrong and whether things are done differently now. It’s often criminal cases from years ago that are involved. In that case, you can say: “That was then, and now we handle cases differently.” Of course a judge cannot directly infer that from a file or police report. To some extent, it’s therefore not visible whether an outdated method has been replaced and what the new approach is. I would like us to make it a bit more transparent, for example by understanding things at the level of the person reporting. Then you can say as a judge: “This factual report comes too close to interpretation”. Then you can discuss it with each other. That would be a great development. And you can make a gradual start, with a pilot project dealing with the most high-risk areas. Something like that takes time, but it would add something to what we are doing.’

In my opinion, the NRGD should be expanded to include experts in civil law and administrative law. The composition of the Board can reflect this. We are also facing a lot of challenges with all the upcoming technological developments. Artificial Intelligence (AI) is one of such developments, and another is the use of deep fakes in news and information. The pace of change is very fast, so we also have to ensure that we regularly update the requirements we place on expertise. But that makes it more enjoyable as well. We are active in so many different areas, with a small club of very motivated people who do a good job and support the Board and myself very well.

Eric Bakker, former Chairman of the Board of Court Experts

This annual report provides the main points of the NRGD’s activities. More information can be found on the NRGD website. You can also subscribe to the NRGD newsletter.

About the NRGD

The Netherlands Register of Court Experts (NRGD) is the foremost forensic quality standards organisation for the judicial system in the Netherlands. It is centred on cooperation, both in the Netherlands and abroad. The NRGD ensures that forensic analysts and their reports satisfy national and international standards. As a result, interested parties can be confident of the quality of forensic expert examinations.

As an independent and transparent organisation, the NRGD promotes and guarantees the quality of the forensic expertise. It also fosters the development of the quality of the field of forensics as a whole. The NRGD focuses on regulation, advice and knowledge exchange.

The NRGD facilitates forensic expertise by developing quality standards for a broad range of fields of expertise, in collaboration with experts and national and international partners in the forensic system. For each field of expertise, uniform, objective and transparent standards are set regarding the required knowledge, experience and professional attitude.

The NRGD assures the quality of forensic expertise by assessing the expertise of experts who wish to be registered against the standards set in collaboration with their own professional field. This assessment is repeated every five years, against the standards then in force, or through the certification of courses. The Board of Court Experts decides on admission to the register and also has the power to proceed with removal from the register if an expert no longer meets the standards.

Results and new developments in 2023

  • System of standards for Forensic Financial Investigation adopted by the Board of Court Experts (Board);
  • System of standards for Bloodstain Pattern Analysis (BPA) adopted by the Board;
  • Development of Legal Psychology field of expertise
  • System of standards for Forensic Medical Examination has been evaluated;
  • Ad Hoc expertise has been evaluated;
  • Launch review of NFI education and training;
  • Launch standardisation of Radiology;
  • Lawyers surveyed on their experience of using experts;
  • Start of an assignment from the Ministry of Justice and Security for quality assurance and future-proof supervision in the field of forensic sciences;
  • Presentations about the NRGD and Ad-Hoc given at the International Association of Forensic Sciences (IAFS) conference;
  • 1,000 unique experts reviewed.

Fields of expertise

Since its establishment in 2010, in consultation with expert practitioners, the NRGD has standardised and opened up for registration the following 12 fields of expertise with 18 subfields:

  • Forensic Psychiatry, Psychology and Child and Youth Care Sciences with four subfields
  • DNA Analysis and Interpretation with three subfields
  • Handwriting analysis
  • Drugs with two subfields
  • Toxicology
  • Forensic Weapon and Ammunition Examination
  • Assessment against the Dutch Weapons and Ammunition Act
  • Forensic Pathology
  • Digital Forensics with six subfields
  • Legal Psychology with three subfields
  • Forensic Medical Examination with two subfields
  • Gunshot residue

Continuing development of standardisation and assessment

Forensic Financial Investigation (FFO/accountancy):

The Standards-Setting Advisory Committee has been working hard on developing the standards for the Forensic Financial Investigation field of expertise. A draft of the proposed standards system has been published for consultation. A pilot project was also carried out, in which two forensic financial reports were tested against the draft standards. The standards system worked well in the pilot. The Board of Court Experts subsequently adopted the system of standards. The actual opening of this field will follow in 2024.

The 'Accountant' magazine also reported on the fact that the NRGD had added a Forensic Financial Investigation field of expertise.

"What is so special about this area of law is that it is more about litigation. Even before the court enters the picture, a party wants to know if fraud has been committed. It increases the need for professionalism and independence. For whom do you actually work? When financial forensics experts are on our register, they have already been assessed by a lawyer and two subject-matter experts. Their reports can be trusted."

Bloodstain Pattern Analysis (BPA)

Great progress has been made not only in forensic financial investigation, but also in the field of bloodstain pattern analysis, which is to be standardised. The Standardisation Advisory Committee submitted an assessment framework for the Board to consider and approve. The framework will also be piloted with real (anonymised) reports in early 2024. It is expected that this field will be opened up for registration in 2024.

Legal Psychology

For the Legal Psychology field of expertise, 2023 was a busy year with much focus on the quality of expert reports and the role and place of the legal psychologist in criminal law. The NRGD's contribution to this process was, wherever possible, a collaborative one.

In 2023, the NRGD participated in the annual congress of the European Association of Psychology and Law (EAPL) in Romania. There, the NRGD organised a round-table discussion with European experts on the quality of legal psychology reports. The NRGD was well received by the audience, and many of them joined the discussion on quality assurance measures.

In November, a meeting was organised by Board member Prof. Jan de Keijser with the help of the NRGD on the topic "Interaction between legal psychology and the judiciary". Present at this meeting were legal psychologists, lawyers and scientists. In this interactive session, several speakers gave short, thought-provoking introductions on the interaction between the field of expertise of legal psychology and criminal law.

Last year also saw the appointment of three new subject-matter experts for this field of expertise and the start of a review of the current Assessment Framework.

Forensic Medical Examination (FMO)

In September 2022, the first forensic physicians were registered as experts for the FMO field of expertise. Compared to other countries, the field of forensic medicine in the Netherlands is unique, in the sense that forensic physicians perform examinations on both the living and the dead. This makes it a complex field as it consists of different components such as post-mortem examination, injury examination, examination for evidence of sexual activity, collection of bodily material and processing detainees. The FMO field of expertise, as standardised by the NRGD, is in the first instance limited to examination of injuries and for evidence of sexual activity by forensic interpretation and reporting of medical findings, of both living and dead persons as well as of both minors and adults.

After the first round of reviews, an evaluation of the field of expertise took place together with the reviewers of that particular field in January 2023. As a result of this evaluation, the NRGD has adjusted the assessment framework. For instance, it was decided that all reports that are submitted must be prepared for appointment review. Additionally, the case information list has been modified and default certificate retrieval has been removed. The latter was done to facilitate the application process.

Ad Hoc expertise

“Feedback on reports provides added value”. This was what experts said after an evaluation of the Ad Hoc tool that the NRGD made available. Feedback on a report helps improve its quality, according to both experts and those who provided feedback.

In 2020, the NRGD launched the five Ad Hoc tools together with the National Expertise Agency of the National Police (LDM), the ZM, and the Public Prosecution Service to improve the quality of reports of experts who rarely or never work in the field of criminal law. An evaluation of these tools was carried out three years after they became available. Four of the five Ad-Hoc tools are freely available on the NRGD website: the overview of expert organisations, the appointment questionnaire, the reporting guide and the e-learning module. Free availability makes it difficult to monitor who uses the tools and how users benefit from using them. The fifth tool (feedback on the report) allows experts to request feedback from the NRGD on the clarity and consistency of their reports from an experienced NRGD reviewer.

Feedback on the report was analysed earlier this year and the results were very positive. A total of 16 feedback requests have been processed since the tool was launched. Almost all requests to the NRGD came through the LDM. At the end of the requests, both the expert and the provider of the feedback were asked to conduct a survey. Their responses showed that they were all very pleased with the tool. The experts were able to produce better reports as a result of the feedback received. Providers of feedback said they found it interesting to read reports from lesser-known fields of expertise and to be able to help experts improve their reports. In so far as the experts used the other Ad Hoc tools, they indicated they were also very pleased with these.

Accreditations

The policy of the NRGD is aimed at ensuring that if an organisation demonstrably has a sound degree programme/training course and examination, the NRGD will look at whether accreditation is possible for this programme/course and examination. This accreditation is not granted easily, however. The study programme is regularly reviewed (at the start; after two years; and then every five years) by an independent assessment panel and, in addition, one of the external examiners from the NRGD will join the examination board of the recognised programme or course. On behalf of the NRGD, the external examiner: ensures that the examinee meets the quality requirements set by the NRGD; has an independent position as far as the interests of the organisation are concerned and; has a right of veto. This way a hybrid overall process is created: hands-off where possible, individual assessment where required.

As part of the accreditation policy, an independent committee reviewed the NFI examinations and training programmes in 2023. The results of this review will be announced in 2024.

The two-year Pro Justitia study programme of the Netherlands Institute of Forensic Psychiatry and Psychology (NIFP) is proof that the accreditation system works. This programme was completely modernised a few years ago and then inspected and accredited by the NRGD in 2019. An NRGD external examiner sits on the NIFP examination board to ensure that newly trained reporters meet the NRGD quality requirements. Newly trained reporters do not have to undergo a substantive examination process by the NRGD after their training, as was the case in the past. They are 'automatically' registered with the NRGD for two years after receiving their diploma. In 2023, the NRGD reviewed the first group of reporters who prepared independent work after graduation and are now applying for re-registration with the NRGD. The reporters have shown that their work continues to meet the quality requirements set by law. A great result that benefits legal practice.

New fields

Radiology

Forensic Radiology is part of forensic post-mortem examination. Radiological examination may be performed if the circumstances surrounding a death are suspicious. This radiological examination may be the basis for further investigation into the cause of death. This examination may also be performed at the pathologist's request as part of the forensic autopsy.

In 2023, the NRGD learned a great deal about the forensic aspects of this field and built up a network when it attended the Forensic Radiology Congress in Toulouse. A Standards-Setting Advisory Committee (NAC) has now been set up. The commission will start standardisation in 2024.

A single register of experts for the entire judicial system

The judicial system has repeatedly indicated that, as in criminal law, there is also a need in civil and administrative law for suitable and competent experts. Given that at present the NRGD only has a statutory basis for criminal law under the Dutch Code of Criminal Procedure, a change in the law is required to make this happen.

The process for extending the NRGD to civil and administrative law was continued in 2023. A lot of hard work has gone into drafting a policy compass. In 2024, the policy compass will be worked out in greater detail together with the various departments within the Ministry of Justice and Security and any interested parties from the judiciary.

Mediation

On 6 July 2022, the Dutch House of Representatives adopted the Ellian and Knops motion, which, in a nutshell, calls on the government to promote the (further) development of a single central register of mediators.

Mediation is an important tool to resolve disputes. Current legislation also provides for the possibility of referring cases that are suitable for mediation from the courts to mediation. This brings mediation more and more into the public domain, positioning it as an important way of resolving disputes alongside the judicial system. The State encourages litigants to use mediation, but in doing so, it needs to provide adequate safeguards to the litigant. This justifies the need for statutory regulation.

The Ministry of Security and Justice has asked the NRGD to consider the extent to which it sees possibilities for including mediators in its register. The NRGD has responded positively and declared its willingness to take on this task should it be requested. This development is in line with the move towards a quality register serving the entire judicial system. This does mean that a statutory basis should also be considered in this context.

Status of the implementation process

The NRGD is based on the evaluation of the Schiedammer Park murder case. This case has been a dark chapter in the history of the Dutch criminal justice system. The manner in which the then suspect Kees B. was investigated and prosecuted led to a miscarriage of justice, resulting in Kees B. being wrongly imprisoned for four years. In order to learn the lessons of this miscarriage of justice, a committee (the 'Posthumus Commission') evaluated the investigation into the Schiedammer Park murder, which led, among other things, to the establishment of a legal register for court experts.

In 2022, another miscarriage of justice came to light in which expert investigations (in the broadest sense) played a crucial role. For the NRGD, this underlines the importance of good quality assurance of all experts working in the forensic investigation chain, but also of forensic investigation as a whole. In this context, the NRGD is of the opinion that the Netherlands lacks a quality system for the forensic investigation quality assurance system that ensures the quality of forensic investigations from the crime scene to the court, including a solid system of quality supervision.

Advice

Modernisation of the Dutch Code of Criminal Procedure

The process for modernising the Dutch Code of Criminal Procedure began in 2014. The current version of the Code dates back to 1926 and is outdated. The articles of the current Code were reviewed and it was considered whether changes were needed and, if so, which ones.

In 2022 and 2023, the NRGD contributed to the discussion on modernising the Code where it concerns the regulation on experts. In that context, the NRGD takes part in the expert group that is examining how legislation concerning experts can be improved. The regulation on experts is expected to be presented for consultation in 2024.

Vision for forensic investigation

The NRGD has been commissioned by the Ministry of Justice and Security to contribute to the elaboration of the vision on forensic investigation (including setting the framework). This 2018 vision articulates that the increased and more extensive wider use of police and (semi)private laboratories should not lead to a decrease in (confidence in) the quality and independence of forensic investigations. The contribution consists of making plans to ensure quality and future-proof supervision in the forensic field, in coordination with all relevant cooperating organisations. The plans should provide for a gradual strengthening of the supervision of the forensic field, so we can align with the actual developments in the field itself. This mission will be further refined in 2024.

International/ISO

The International Organisation for Standardisation (ISO) is an independent, international organisation that sets standards so that manufacturers and users of a product or service know precisely what requirements they must meet. This is also relevant to forensic science; how do you collect material, how do you examine trace evidence and interpret investigation results, and, ultimately, how do you write a forensic report? Fifteen countries work together to create a new ISO guideline. From the Netherlands, the Netherlands Forensic Institute (NFI), the police, the Public Prosecution Service (OM) and the Netherlands Register of Court Experts (NRGD), all helped in contributing to the new ISO standard. A final meeting was held in early December 2023 to discuss substantive aspects of the new ISO standards for forensic science. The standards are expected to be published next year. The coming into effect of these ISO standards will hopefully help improve quality even more.

Legal profession

Using experts in criminal proceedings is important for all parties involved. It often seems less easy for the defendant to find and engage a suitable expert, but little research has been caried out in this respect. The NRGD also seems to be less well known to defendants and their lawyers. For this reason, Maastricht University and the NRGD have joined forces to study the considerations of the defence in engaging experts and the possible role of the NRGD in this engagement. The results are now known and will be used in an article to be published in 2024.

Knowledge exchange

IAFS

The NRGD actively participated in a triennial IAFS global conference in November, which included presentations on the NRGD and the usefulness of the Ad Hoc Toolkit. Furthermore, numerous contacts were made which in turn led to new reviewers and new experts.

Forensic Masterclasses Davos

The NRGD attended the 'Forensic Masterclasses Davos', the conference for Pro Justitia reporters, from 9 to 12 March. This year’s theme was: ‘Communication: between knowing & understanding’. The topics covered included: communicating the risk of reoffending, communication between the reporter and young persons, contact between the investigator and the person under investigation, communication between all actors in the field and the emotionalisation of criminal justice. The opening session focused on communication between forensic scientists and courts, and was hosted by Prof Ybo Buruma, a Judge of the Supreme Court (Criminal Division) and a member-lawyer at the Central Disciplinary Tribunal for Health Care. The title of his lecture was: "Do behavioural experts know how judges think and vice versa" [Weten gedragsdeskundigen hoe rechters denken en vice versa“?]

ENFSI working group Firearms and Gunshot residue

On 10 April 2023, the NRGD was invited to give a presentation at an ENFSI working group meeting on the NRGD and the standards systems of the Firearms and Gunshot Residue fields of expertise. This led to interesting conversations and more new reviewers and experts.

Newsletter, articles and social media

We want to be proactive in keeping cooperating organisations, experts and other relevant parties informed of developments in forensic investigation and expertise. A message is posted on LinkedIn every week. On this platform, the number of followers has grown from 500 to 1,300 by 2023. In addition, several interviews were held with Board members, experts in new fields to be standardised, PhD students etc. An article on the NRGD was also published in the journal 'Expertise and Law' on 8 March 2023, entitled: "Quality assurance of forensic experts needs expanding. the NRGD's 12.5-year existence in perspective".

Management

General

Over the past few years, many policies have been adopted, procedures drawn up and IT systems put in place. We have always kept in mind that as an organisation we should not focus on what we are doing well, but on what we could be doing better.

A number of considerations have therefore been made and implemented over the past year. For instance, the assessment procedure was examined together with CITO. To this end, a working group has been set up to look at how the assessment of an application can be structured even further and made clearer. In addition, an organisational review recommended that, where possible, the increased business aspects should be placed in the hands of a business operations coordinator. Finally, we have strengthened our communications working methods with the help of a communications consultant.

Board of Court Experts

2023 was also an eventful year in terms of the composition of the Board. We had to say goodbye, for example, to Mr (Stoffel) Heijsman, the Police representative, for reaching the age of 70. We also had to say goodbye to Mr (Job) Knoester, the legal profession representative, as he reached the end of his second term of office. As if that were not enough, we also had to say goodbye to Mr (Bob) Steensma, the Public Prosecution Service representative. We thank them all for their enthusiasm and for commitment to the NRGD and to forensic science as a whole.

Their departure also made room for new members. We welcomed three new Board members in 2023:

  • Prof. C.J. (Christianne) de Poot: Christianne de Poot is Professor of Forensic Research at Amsterdam University of Applied Sciences and the Police Academy, and Professor of Criminalistics at Vrije Universiteit Amsterdam.
  • Dr J.W. (Jan) van Manen: Jan van Manen is an operations specialist on the management team of the Regional Crime Investigation Department (DRR) of the East Brabant Police, and is mainly concerned with initiatives to raise the standard of investigation.

  • Mr G.T. (Theo) Hofstee: At the Public Prosecutions Office, he served as (criminal) prosecutor; chief public prosecutor in Breda, The Hague and Amsterdam; and most recently as a member of the Board of Procurators General.

Management and processing

The NRGD has reached an impressive milestone: more than 1,000 ‘unique’ individual forensic experts, active in more than 12 fields of expertise, have been registered. As a result, the NRGD has a well-filled register that includes 188 forensic psychiatrists, 308 forensic psychologists/remedial teachers, 30 DNA experts and 12 forensic physicians.

The NRGD processed 163 applications in 12 fields of expertise in 2023, which included 124 reapplications and 39 initial applications. A total of 4 applications were rejected in all fields, 3 of which were in the field of Forensic Psychiatry, Psychology and Child and Youth Care Sciences (FPPO). For 14 applications, this resulted in a conditional registration with a more tailor-made solution.

There is a clear downward trend in the number of rejected reapplicants at FPPO. This may have something to do with the fact that FPPO applicants who are granted conditional registration are also advised to take part in Feedback Plus. With Feedback Plus, reporters have access to an individual coaching programme if they so wish.

In 2023, the average processing time for an application was 2.5 months. It should be noted that applications for accreditation are registered (administratively) within one month.

Objections

In 2023, the NRGD received and dealt with five notices of objection. The objections related to rejections of applications for re-registration in various fields of expertise.

In two of the four cases handled, the Advisory Committee for Objections recommended that the Board uphold the contested decision. In the other two settled cases, the Advisory Committee upheld the objection. In all cases, the Board adopted their opinion.

Appeal

One appeal case is pending, with a hearing scheduled for 2024.

Complaints

In 2023, the NRGD received two complaints. One complaint was considered unfounded and one was considered partially founded.

Reports

In 2023, we received 5 reports about registered court experts, of which 3 were declared inadmissible and 2 did not lead to an investigation because the report failed to provide sufficient grounds to do so. These reports were dealt with in line with the Reports guidelines.

Information management and regulations

'My NRGD'

The registration process has been digitised from application to Board decision. A useful addition for applicants will be the 'My NRGD' environment, where they can track the status of their application and change certain details. In 2023, the necessary steps have been taken in this respect. The 'My NRGD' environment is expected to be fully operational in 2024.

GDPR and Public Records Act

In line with the GDPR and the Public Records Act, documents relating to the application should be destroyed when possible or stored when necessary. The NRGD has removed documents that no longer need to be kept based on the selection list drawn up in 2023.

In 2023, as part of data minimisation, the NRGD evaluated what data it collects and considered what measures could be taken. Data that the NRGD is permitted to collect, but does not need for its primary process, will no longer be collected and stored.

Digitisation of the archive was completed in 2023. The NRGD’s work is now exclusively digital, so there is only a digital archive. Where correspondence is still sent by post, documents are immediately digitised and paper copies destroyed.

IT

The NRGD website is hosted through the Dutch government platform ‘Platform Rijksoverheid Online’. It is connected to the government-wide solution for web archiving and complies with established internet standards.

The NRGD workspace is arranged through the Shared Service Centre-ICT (SSC-ICT) and is therefore part of the protected Ministry of Justice and Security network.

The NRGD only uses applications that comply with prescribed security and privacy standards, regularly checks whether applications and providers are still compliant and, where possible, joins government-wide facilities.

Applications can only be accessed via the secure Ministry of Justice and Security network (IP-restricted access) and traffic is monitored 24/7 by the SOC of SSC-ICT. Access to applications is granted according to the established authorisation policy.

Ministry advice has also been sought regarding the steps that have to be taken for Open Government. In 2024, the NRGD and the Ministry will work together to identify these steps.

However, the ever-increasing cost of working digitally and meeting the understandable but growing requirements is a concern.

KleinLef

We organise and join training courses with KleinLef (an alliance of 40 smaller public-sector organisations). For instance, the NRGD participates in the FG pool of data protection officers and has expressed interest in the CISO pool of chief information security officers to be established. Through this KleinLef pool, a small organisation such as the NRGD can hire relevant expertise in relevant fields.

Housing

In 2023, a discussion arose about moving the NRGD to a different location and organisation. However, the current location is modern, centrally located, easily accessible by public transport and, most importantly, in keeping with the NRGD's independent position. Furthermore, in consultation with the Ministry, the intention is to bring the NRGD into the speciality government building system, as this more in line with its position and fee structure. Passing on the actual costs is much more efficient than the much higher pricing system. It has been agreed to extend the current lease with a market party for five years.  

Realisation

Realisation NRGD 2023

Cost centres

* €1,000

(2023)

Forecast

(2023)

Realisation

Bureau cost centre
Employees 1,052 1,008
Other office costs 686 616
Total for Bureau 1,738 1,624
Committees cost centre
Committees 400 379
Total for committees 400 379
Projects/symposiums cost centre
ISO/NEN/projects 12 22
Conferences/symposiums 20 25
Total for projects 32 47
Total €2,045 (2170)* €2,050

* The budget was increased to €2170 Ministry of Justice and Security due to project funding of €125,000. This project was launched in 2023, so only part of the funds have been spent.

Explanatory notes:

  • The utilisation is 100%
  • Re Bureau cost centre: lower personnel costs due to employee departure.
  • Re cost centre office costs: these costs were lower for several reasons: reimbursement UWV due to illness (42), Board costs (-10) and 'my NRGD' has been transferred to 2024.
  • Re Committees cost centre: It is not always possible to predict in advance who will and who will not make a request (again), e.g. due to retirement.
  • Ad Projects cost centre: this includes contribution NEN /ISO, CITO evaluation assessment procedure.
  • Re Conferences/symposiums: Conference fees IAFS, radiology, BPA, legal psychology and farewell symposium.