Overview

This bill establishes a Forensic Science Regulator for England and Wales. The Regulator will create and enforce a code of practice for forensic science activities, aiming to ensure accuracy and prevent risks to investigations or the course of justice. The bill also outlines the Regulator's powers, including investigations, compliance notices, and appeals processes.

Description

Appointment and Duties of the Regulator

The bill creates the position of Forensic Science Regulator, appointed by the Secretary of State, who must have forensic science expertise. The Regulator's key duty is to create and publish a code of practice for forensic science activities in England and Wales. This code will be subject to parliamentary approval and consultation. The Regulator can investigate potential breaches of the code, issue compliance notices, and issue completion certificates once issues are resolved. Appeals against the Regulator's decisions can be made to the First-tier Tribunal.

Investigative Powers and Compliance

The Regulator has powers to investigate forensic science activities if there's a substantial risk to investigations or the course of justice. They can demand documents and information, but these requests are limited by existing laws like data protection legislation and the Investigatory Powers Act 2016. The Regulator can issue compliance notices, potentially suspending activities until compliance is achieved, and seek injunctions to enforce compliance.

Further Functions and Reporting

The Regulator can also publish guidance and reports on forensic science matters and provide advice to anyone, including those outside the UK. They must produce an annual report on their activities, which will be submitted to Parliament. The bill clarifies that non-compliance with the code doesn't automatically lead to legal action, but a court may consider it.

Crown and Extent

The bill applies to the Crown, except for sections relating to investigations, compliance notices, and appeals. It extends to England and Wales only, except for specific sections dealing with commencement and extent.

Government Spending

The bill will necessitate government spending on the Regulator's salary, office, staff, and operational expenses. Precise figures are not provided in the bill itself.

Groups Affected

• Forensic science providers: Will be subject to the Regulator's code of practice and investigations.
• Police forces and other investigators: Will benefit from improved standards in forensic science.
• Courts and tribunals: Will be able to use the code as evidence in legal proceedings.
• Individuals involved in criminal investigations: May be impacted by the Regulator's actions in investigations.
• The Secretary of State: Responsible for appointing the Regulator and overseeing their work.
• Parliament: Will review and approve the code of practice and annual reports.

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