Overview

The Forensic Science Regulator Bill establishes an independent Forensic Science Regulator for England and Wales. The Regulator will create and enforce a code of practice for forensic science activities, ensuring quality and integrity within the justice system.

Description

This bill creates the role of the Forensic Science Regulator, appointed by the Secretary of State, with expertise in forensic science. The Regulator's key responsibilities include:

• Developing and Publishing a Code of Practice: The Regulator will create a code of practice for forensic science activities in England and Wales. This code, subject to parliamentary approval, will specify activities it covers, and can vary provisions depending on the purpose or individual. Failure to adhere to the code itself doesn't lead to legal action but can be considered by courts.
• Investigations and Compliance Notices: The Regulator can investigate potential risks to investigations or justice, issuing compliance notices requiring specific actions or prohibitions. Those served with a compliance notice can appeal to the First-tier Tribunal.
• Completion Certificates: Once the Regulator is satisfied that the actions in a compliance notice are complete, they'll issue a completion certificate, ending the notice.
• Appeals Process: Individuals served with a compliance notice or facing a refusal for a completion certificate can appeal the decision(s) to the First-tier Tribunal on various grounds including errors of fact, law, or unreasonableness.
• Other Functions: The Regulator can create guidance and reports and offer advice on forensic science activities, both within and outside of the UK. They must also produce annual reports for Parliament.
• Information Disclosure: The Regulator can share relevant information with other public authorities, subject to data protection laws.

Government Spending

The bill mandates government expenditure on the Regulator's remuneration, pension, allowances, expenses, staff, accommodation, equipment, and facilities. No specific figures are provided in the bill text.

Groups Affected

The bill will affect several groups:

• Forensic Science Providers: They will be subject to the Regulator's code of practice and investigations.
• Law Enforcement Agencies: The bill aims to improve the quality and reliability of forensic evidence used in investigations and prosecutions, thereby impacting law enforcement agencies.
• The Judiciary: Courts will be able to consider the code of practice when making judgements.
• The Forensic Science Regulator: The creation of this role represents significant new responsibilities and scope of work.
• The Public: The bill aims to enhance public confidence in the forensic science process within the justice system.

Powered by nyModel