Response

Regarding your first request, Forensic Services can confirm that, if semen samples were identified and if they were all sampled, they would have been DNA tested.

Regarding your second request, we are unable to provide you with the information as it would prove too costly within the context of the fee regulations. The current cost threshold is £600 and we estimate that it would cost more than this amount to process your request.

Forensic Services was established in 2013. This was after the case in question. This case was legacy Lothian and Borders Police. As this is an historic case there would be a requirement for case records from legacy Lothian and Borders Police and Tayside Forensic laboratory records. This would require:

• search and source from physical archive store which is offsite. This would require casefiles to be pulled from archive, which would then require Chain of Custody and transportation to Forensic Services laboratory for review.

• search and source from archived legacy IT systems. As the records are from a legacy force and laboratory the format and content may vary and require additional time to interrogate.

• significant review of all casefiles by a scientific specialist to cross reference DNA and biology casefiles in order to be able to provide the information requested.

The Authority has assessed that the £600 cost limit within the Act equates to 40 hours of work and so your request would exceed the cost threshold.

To assist, we note that all DNA work was reported to the Crown Office and Procurator Fiscal Service and will be part of the court record. Information may be available by contacting COPFS at FOI@copfs.gov.uk and the Scottish Courts and Tribunals Service at foi@scotcourts.gov.uk