Standards Forensic Toxicologie

Reporting forensic experts play a crucial role in the administration of justice. The NRGD aims to ensure justified confidence in forensic expertise for stakeholders. This confidence must be based on the demonstrable independently safeguarded quality of forensic investigators and their reports on the basis of (inter)national forensic-specific standards.

The NRGD is managed by the Court Experts Board (hereinafter: Board). The Board’s core task is to rule on the applications for registration or repeat registration in the register of the NRGD (register). To that end the Board first defines the field of expertise. This is important in order to inform applicants, assessors and users of the register (e.g. judge, public prosecutor and attorney) about the activities an expert in the field of expertise in question engages in and about the activities that fall outside the field of expertise. The demarcation of the field of expertise is set out in Part II of these Standards.

The Board also determines the criteria on the basis of which an assessment is made for each field of expertise as to whether an application complies with the quality requirements. The generic requirements are set out in the Register of Court Experts in Criminal Cases Decree (Besluit register deskundige in strafzaken). These requirements are elaborated further for each field of expertise. This elaboration is set out in Part III of these Standards.

Furthermore the Board determines the assessment procedure. This procedure is described in Part IV of these Standards.

The NRGD has a system of periodic repeat registration. Court experts must demonstrate every five years that they still meet the requirements in force at that time. The Standards are dynamic and are being developed further in order to enhance the quality of the experts. These Standards set out the current state of the (sub-)field of expertise.

The NRGD distinguishes two types of applicants: the initial applicant and the repeat applicant. The initial applicant is a reporter who at the time of submission of the application is not yet  registered in the register for the field of expertise to which the application relates. The repeat applicant is an expert who is already registered in the register for the field of expertise to which the application relates.

These two types of applicants are subdivided as follows:

Initial applicant:

1. independent reporter: a reporter who has independently written and signed the required number of case reports;
2. reporter without work of his own: a reporter who has not independently written and signed the number of case reports required for registration.

If the assessment is favourable, the reporter without work of his own will only qualify for provisonal registration.

Repeat applicant:

1. Repeat applicant after full registration;
2. Repeat applicant after provisional registration.

The initial applicant is an applicant who at the time of submission of the application does not have an NRGD registration. An initial applicant could be:

• the independently reporting expert;
• the newly-trained expert;
• the applicant whose earlier application has been rejected by the Board;
• the applicant whose registration was previously stricken.

In respect of initial applicants, it is necessary to make a clear distinction between the independent reporter and the reporter without work of his own. An example of a reporter without work of his own is the newly-trained expert. This expert has completed the forensic training (reporter’s training), but has not yet been able to independently write the number of reports required for the assessment because these are written under the supervision of a tutor during the training. Another example of a reporter without work of his own is the reporter whose earlier application was rejected and who has been working (partly) under supervision following this rejection.

The Board adopts the following principle. Every applicant must draw up a List of Case Information. This list must include a specific number of cases in a period specified by the Board immediately preceding the application. If the List of Case Information includes one or more cases which have been prepared under supervision, the applicant will be qualified as a ‘reporter  without work of his own’. Additional requirements apply to the applicant whose application was rejected earlier: the case reports must have been drawn up after the date of the Board’s decision rejecting the earlier application (Policy Framework for Application after Rejection).

The distinction between the various types of repeat applicants is important in the context of the assessment procedure: the documents a repeat applicant must submit, the composition of the Advisory Committee on Assessment and the assessment method.

The draft of these Standards has been published on the NRGD website for public consultation. These Standards have been established by the Board in accordance with the Register of Court Experts in Criminal Cases Decree (Besluit register deskundige in strafzaken) and the Experts in Criminal Cases Act (Wet deskundige in strafzaken).

The Standards are valid from the date shown on the cover. The validity runs until the moment of publication of a new version. In principle it will be checked annually as being up-to-date. This check can lead to a new version. The aim is to publish the new version no more than once a year. Intermediate alterations can be incorporated in an addendum, which will be published on the NRGD website as well.

All changes made to the Standards lead to a new version. Newer versions of (parts of) the Standards are designated with a higher version number.

5.1. Version management

In the case of editorial changes the old version number is increased by 0.1. Editorial changes have no substantive impact. In the case of substantive changes the version number is increased by 1.

5.2. Formal revision history

The revision history starts with version 1.0 as the first formally approved version. Substantive changes made are briefly described in the revision history (Annex C). This makes it possible to trace which Standards are valid at any given moment at all times.

The description of the field Forensic Toxicology is stated below.

Toxicology describes the fate of substances in - and their potentially harmful effect on - living  organisms, with the aim of assessing the risks of exposure to these substances for humans,  animals and the environment, and minimising any undesirable effects. Toxicology is an interdisciplinary field of study that is shared among the medical, biological and chemical fields of science, and comprises all chemical compounds (of a biological, mineral or synthetic origin).

Toxicology has a number of subspecialties, such as:

• Environmental or Ecotoxicology
• medical or Human Toxicology

Generally speaking, forensic toxicology is regarded as an area of special interest within the subspecialty of Human or Medical Toxicology.

Forensic toxicology can also be defined as the specific study of the consequences of exposure to substances on behalf of the administration of the law in the widest sense.

For a forensic toxicologist it is extremely important that he/she has an overview of the entire specialist field of toxicology. A forensic toxicologist particularly has to have a command of the principles of clinical toxicology and their application to legal questions. Moreover, knowledge and experience in the field of bio-analytical chemistry is required.

Forensic toxicology is important in criminal and civil law cases -knowledge in the field of administrative and disciplinary law is also relevant- which relate to (a) victim(s) or perpetrator(s). The core tasks of a forensic toxicologist include consultation on the question at issue, the examination plan, the choice of analysis and the interpretation of the laboratory results.

Key questions in this context are:

• In the event of an unnatural death: are foreign substances present, which may (partly) have contributed to the death?
• In the event of non-deceased victims: are foreign substances present and are these detrimental to the victim's health?
• Are substances present in the body (such as drugs, alcohol, medicines) and what effects can these have on behaviour?

Pre-analytical phase: choice of sample to be analysed and drawing up a bio analytical  examination strategy.

Analytical phase: supervision of the bio-analytical examination by qualified analytical staff. It is of importance that the forensic-toxicological laboratory complies with verifiable quality requirements that have been set in advance, and that said laboratory has been accredited.

Post-analytical phase: the indication of the probability of the bio-analytical results clarifying the described effects. In the process all relevant facts, so far as known from the post-mortem examination, the pre-analytical and analytical phase, and other relevant facts are taken into account. The forensic toxicologist must be aware of the possibilities and limitations of the  analysis techniques used.

When reporting as an expert registered for the field of Forensic Toxicology, the expert should be aware of the possibilities and limitations of the techniques and/or specialisations. The expert  should also be aware of the pros and cons of these techniques, specialisations and/or development.

The field of expertise of Drugs comes under that of Toxicology to the extent that it concerns the biological fate of the substance(s) and their effects on human beings.

As regards the above issues for examination, the forensic toxicologist is the first point of contact, which means the forensic toxicologist must be aware that, from the perspective of specialist subareas (for example psychopharmacology), statements can also be made with respect to, for example:

• the relationship between concentrations of substances and certain effects (such as on behaviour),
• possible effects of substances in general,
• the validity of bio-analytical investigation,
• the estimated degree of exposure,

and must be aware of his limitations compared to other areas of expertise.

The register will state the name of the relevant expert as an expert in the field of Forensic Toxicology.

The general (repeat) registration requirements are given below in italics in the next paragraphs in italics with a reference to Article 12 paragraph 2 in the Register of Court Experts in Criminal Cases Decree (Besluit register deskundige in strafzaken).

An expert will only be registered as an expert in criminal cases upon submission of the application if, in the opinion of the Board, the expert:

1. has sufficient knowledge and experience in the field of expertise to which the application relates;
2. has sufficient knowledge of and experience in the field of law concerned, and is sufficiently familiar with the position and the role of the expert in this field;
3. is able to inform the commissioning party whether, and if so, to what extent the commissioning party’s question at issue is sufficiently clear and capable of investigation in order to be able to answer it on the basis of their specific expertise;
4. is able, on the basis of the question at issue, to prepare and carry out an investigation plan in accordance with the applicable standards;
5. is able to collect, document, interpret and assess investigative materials and data in a forensic context in accordance with the applicable standards;
6. is able to apply the current investigative methods in a forensic context in accordance with the applicable standards;
7. is able to give, both orally and in writing, a verifiable and well-reasoned report on the assignment and any other relevant aspects of their expertise in terms which are comprehensible to the commissioning party;
8. is able to complete an assignment within the stipulated or agreed period;
9. is able to carry out the activities as an expert independently, impartially, conscientiously, competently, and in a trustworthy manner.

(...) has sufficient knowledge and experience in the field of expertise to which the application relates.

1.1. Initial applicant: independent reporter

Basic requirements:

• have an academic Master’s degree (preliminary medical-biological training);
• work, for a period of at least 3 years, in a relevant specialist field at the level of a university Master's degree. For example: at hospitals, pharmacies, research laboratories and forensic institutes;
• have obtained the ERT-registration;
• be familiar with the basic concepts from the areas referred to in Annex A, and be aware of any personal limitations of knowledge in these areas;
• be able to refer matters on to examiners in certain adjacent toxicological fields of expertise, such as environmental toxicology or veterinary toxicology;
• mention membership of a relevant professional association upon application.

Specific requirements:

• have drawn up at least 10 case reports1 not older than 5 years which have been subjected to collegial review;
  In case the applicant is also acting as a supervisor, at least two reports on the List of Case Information should be independently prepared reports.
• have spent an average of 40 hours a year over the past 5 years on forensically relevant professional development (e.g. publications, attending conferences, running or attending courses).

1.2. Initial applicant: reporter without work of his own

Basic requirements:

• have an academic Master’s degree (preliminary medical-biological training);
• work, for a period of at least 3 years, in a relevant specialist field at the level of a university Master's degree. For example: at hospitals, pharmacies, research laboratories and forensic institutes;
• have obtained the ERT-registration;
• be familiar with the basic concepts from the areas referred to in Annex A, and be aware of any personal limitations of knowledge in these areas;
• be able to refer matters on to examiners in certain adjacent toxicological fields of expertise, such as environmental toxicology or veterinary toxicology;
• mention membership of a relevant professional association upon application.

Specific requirements:

• have concluded training on forensic reporting;
• have drawn up at least 4 case reports (1) not older than 2 years which have been subjected to collegial review and/or supervision and of which at least 1 report has been drawn up under supervision;
• have spent an average of 40 hours a year over the past 2 years on forensically  relevant professional development (e.g. attending conferences, running or attending courses, publications).

1) In these instances the applicant should have played a demonstrable role in the pre-analytical and/or analytical and/or post-analytical part of the investigation (as far as applicable) involving a complex substantive interpretation. This excludes, for example, reporting a measured result  without interpretation. In this sense, ‘interpretation’ does not refer to the comparison of a  threshold value. In the process, all relevant facts, as far as known from the pre-analytical, analytical and post-analytical phase, and other relevant factors are taken into account, with reference to the scientific literature. An applicant should have recent experience of interpreting and reporting cases at the time of his application for registration.

1.3. Repeat applicant: after full registration

Basic requirements:

• have an academic Master’s degree (preliminary medical-biological training);
• work, for a period of at least 3 years, in a relevant specialist field at the level of a university Master's degree. For example: at hospitals, pharmacies, research laboratories and forensic institutes;
• have obtained the ERT-registration;
• be familiar with the basic concepts from the areas referred to in Annex A, and be aware of any personal limitations of knowledge in these areas;
• be able to refer matters on to examiners in certain adjacent toxicological fields of expertise, such as environmental toxicology or veterinary toxicology;
• mention membership of a relevant professional association upon application.

Specific requirements:

• have drawn up at least 10 case reports not older than 5 years which have been subjected to collegial review;
  In case the applicant is also acting as a supervisor, at least 2 reports on the List of Case Information should be independently prepared reports.
• have spent an average of 40 hours a year over the past 5 years on forensically relevant professional development (e.g. attending conferences, running or attending courses, publications).

1.4. Repeat applicant: after provisional registration

Basic requirements:

• have an academic Master’s degree (preliminary medical-biological training);
• work, for a period of at least 3 years, in a relevant specialist field at the level of a university Master's degree. For example: at hospitals, pharmacies, research laboratories and forensic institutes;
• have obtained the ERT-registration;
• be familiar with the basic concepts from the areas referred to in Annex A, and be aware of any personal limitations of knowledge in these areas;
• be able to refer matters on to examiners in certain adjacent toxicological fields of expertise, such as environmental toxicology or veterinary toxicology;
• mention membership of a relevant professional association upon application.

Specific requirements:

• have drawn up at least 4 case reports per year during the registration period which have been subjected to collegial review;
  In case the applicant is also acting as a supervisor, at least 1 report on the List of Case Information should be independently prepared reports.
• have spent an average of 40 hours per year during the registration period on forensically relevant professional development (e.g. attending conferences, running or attending courses, publications).

(...) has sufficient knowledge of and experience in the field of law concerned, and is sufficiently familiar with the position and the role of the expert in this field.

In general an applicant should have adequate knowledge of Dutch criminal law:

• context of criminal law:
  - Trias Politica, distinction between civil law, administrative law and criminal law.
• criminal law procedure:
  - pre-trial investigation;
  - coercive measures;
  - stages of the proceedings;
  - actors in the criminal justice system (tasks/powers/responsibilities);
  regulations concerning experts laid down in the Dutch Code of Criminal Procedure (position and powers of commissioning party, legal position of expert, position and
  powers of lawyer, forms of counter-analysis, register of experts in the context of criminal law);
  - legal decision-making framework of the court in criminal cases (decision-making schedule laid down in Section 350 of the Dutch Criminal Code of Procedure), also with a view to the relevance of the commission to the expert and to the question at issue;
  - course of the criminal trial;
  - position of the expert in the court procedure.
• substantive criminal law:
  - sanctions and grounds for exemption from criminal liability (very basic).
• knowledge of the legal context of safeguarding the quality of the expert and the analysis/investigation:
  - position and role of the co-operating organisations in the criminal justice system in safeguarding the quality of the reports;
  - professional codes and relevant regulations in relation to the NRGD Code of Conduct.

In addition to the above requirements, an applicant for the field of expertise Forensic Toxicology:

• should be familiar with the relevant Dutch Medicines Act, Opium Act, Road Traffic Act, Regulation Investigation regarding Blood and Urine, Regulation Breath Analysis and/or other legislation relating to traffic and transport and keep abreast of new legislation.

(...) is able to inform the commissioning party whether, and if so, to what extent the commissioning party’s question at issue is sufficiently clear and capable of investigation in order to be able to answer it on the basis of their specific expertise.

(...) is able, on the basis of the question at issue, to prepare and carry out an investigation plan in accordance with the applicable standards.

(...) is able to collect, document, interpret and assess investigative materials and data in a forensic context in accordance with the applicable standards.

(...) is able to apply the current investigative methods in a forensic context in accordance with the applicable standards.

(...) is able to give, both orally and in writing, a verifiable and well-reasoned report on the assignment and any other relevant aspects of their expertise in terms which are comprehensible to the commissioning party.

An applicant should:

• be able, on the basis of the results, to report to a non-expert about an interpretation and conclusion (both in writing and verbally) and should be able to support these with statistics where relevant;
• if necessary, ask for more information about the case and should know the limitations of his expertise.

(...) is able to complete an assignment within the stipulated or agreed period.

(...) is able to carry out the activities as an expert independently, impartially, conscientiously, competently, and in a trustworthy manner.

An applicant should:

• comply with the NRGD Code of Conduct determined by the Court Experts Board and published on the website of the NRGD.

The Board may decide not to apply or deviate from a registration requirement if application of such requirement would produce very unreasonable results. The hardship clause may only offer a solution in certain exceptional situations. It is up to the applicant himself to submit facts and circumstances showing that a certain registration requirement is unreasonable in his specific case.

In all fields of expertise the assessment will be based on the written information provided, including as a minimum requirement case reports and items of evidence, supplemented in principle with an oral assessment. However, such an oral assessment will not be necessary if the applicant's expertise has already been clearly demonstrated by the written information.

The assessment will in principle be carried out on the basis of the information provided by the applicant:

• general information as part of the application package
• documentary evidence of competence.

An additional case report and/or information can be requested if it is felt necessary in the context of the assessment.

If it is felt necessary in the context of the assessment an additional case report and/or information, for example information about the way collegial review and/or supervision is organized at your organization, can be requested

2.1. Initial applicant: independent reporter

Documents to be submitted:

• NRGD application form;
• Certificate of Good Conduct;
• a clearly legible copy of a valid passport or identity card;
• copies of documents relating to the highest level of professional qualification;
• a curriculum vitae (CV), preferably in English;
• Overview Continuing Professional Development Forensic Toxicology;
• documentary evidence of the current academic working level (including the ERT-registration);
• List of Case Information Forensic Toxicology3 case reports not older than 5 years selected by the applicant from the List of Case Information Forensic Toxicology. If possible the case reports should also contain the testimony devivered in court;
  These case reports should provide a clear and broad picture of the applicant’s competencies.

If available:

• proof of the forms of professional development referred to in the Overview Continuing Professional Development Forensic Toxicology.

Assessment method:

Phase a. administrative, by the NRGD Bureau;

Phase b. substantive, by an Advisory Committee for Assessment (ACA) made up of at least three people on the basis of the available written material, including possible supplementary written information. In principle this ACA consists of a lawyer and two professional assessors;

Phase c. substantive, by the ACA specified at phase b by means of an oral assessment. This oral assessment will be waived if the applicant’s expertise has already been clearly established in phase b;

Phase d. decision by the Board: registration, provisional registration or no registration.

2.2. Initial applicant: reporter without work of his own

Documents to be submitted:

• NRGD application form;
• Certificate of Good Conduct;
• a clearly legible copy of a valid passport or identity card;
• copies of documents relating to the highest level of professional qualification;
• a curriculum vitae (CV), preferably in English;
• documentary evidence of the current academic working level (including the ERT- registration);
• Overview Continuing Professional Development Forensic Toxicology;
• List of Case Information Forensic Toxicology;
• 3 case reports drawn up in the past 2 years selected by the applicant from the List of Case Information Forensic Toxicology. If possible the case reports should also contain the testimony delivered in court;
  These case reports should provide a clear and broad picture of the applicant’s competencies.

If available:

• proof of the forms of professional development referred to in the Overview Continuing Professional Development Forensic Toxicology.

Assessment method:

Phase a. phase a. administrative, by the NRGD Bureau;

Phase b. phase b. substantive, by an Advisory Committee for Assessment (ACA) made up of at least three people on the basis of the available written material, including possible supplementary written information. In principle this ACA consists of a lawyer and two professional assessors;

Phase c. phase c. substantive, by the ACA specified at phase b to which one professional assessor is added, drawn from the same field of expertise as the applicant, on the basis of the available written material. This will not be necessary if the ACA unanimously gives a positive recommendation to the Board in phase b;

Phase d. phase d. substantive, by the ACA specified at phase c by means of an oral assessment. This oral assessment will be waived if the applicant’s expertise has been clearly established in phase c;

Phase e. decision by the Board: provisional registration or no registration.

2.3. Repeat applicant: after full registration

Documents to be submitted:

• NRGD application form;
• Certificate of Good Conduct;
• copies of documents relating to the highest level of professional qualification (if changed);
• an updated curriculum vitae (CV), preferably in English;
• Overview Continuing Professional Development Forensic Toxicology;
• List of Case Information Forensic Toxicology;
• documentary evidence of ERT-registration;
• 2 case reports drawn up in the past 5 years selected by the applicant from the List of Case Information Forensic. If possible the case reports should also contain the testimony delivered in court;
  These case reports should provide a clear and broad picture of the applicant’s competencies.

If available:

• proof of the forms of professional development referred to in the Overview Continuing Professional Development Forensic Toxicology.

Assessment method:

Phase a. phase a. administrative, by the NRGD Bureau;

Phase b. phase b. substantive, by an Advisory Committee for Assessment (ACA) made up of at least two people on the basis of the available written material. This ACA will in principle consist of a lawyer and a professional assessor;

Phase c. phase c. substantive, by the ACA specified at phase b to which one professional assessor is added, drawn from the same field of expertise as the applicant, on the basis of the available written material. This will not be necessary if the ACA unanimously gives a positive recommendation to the Board in phase b;

Phase d. phase d. substantive, by the ACA specified at phase c by means of an oral assessment. This oral assessment will be waived if the applicant’s expertise has been clearly established in phase c;

Phase e. decision by the Board: registration, provisional registration or no registration.

2.4. Repeat applicant: after provisional registration

Documents to be submitted:

• NRGD application form;
• an updated curriculum vitae (CV), preferably in English;
• copies of documents relating to the highest level of professional qualification (if changed);
• Overview Continuing Professional Development Forensic Toxicology;
• List of Case Information Forensic Toxicology;
• documentary evidence of the ERT-registration;
• 2 case reports drafted during the registration period selected by the applicant from the List of Case Information Forensic Toxicology. If possible the case reports should also contain the testimony delivered in court;
  These case reports should provide a clear and broad picture of the applicant’s competencies.

If available:

• proof of the forms of professional development referred to in the Overview Continuing Professional Development Forensic Toxicology.

Assessment method:

Phase a. phase a. administrative, by the NRGD Bureau;

Phase b. phase b. substantive, by an Advisory Committee for Assessment (ACA) made up of at least three people on the basis of the available written material. In principle this ACA consists of a lawyer and two professional assessors;

Phase c. phase c. substantive, by the ACA specified at phase b by means of an oral assessment. This oral assessment will be waived if the applicant’s expertise has already been clearly established;

Phase d. phase d. decision by the Board: registration, provisional registration or no registration.