Forensic Science Regulator Act 2021
Official Summary
A Bill to make provision for the appointment of the Forensic Science Regulator; to make provision about the Regulator and about the regulation of forensic science; and for connected purposes.
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Overview
The Forensic Science Regulator Bill establishes a Forensic Science Regulator for England and Wales. This Regulator will create and enforce a code of practice for forensic science activities, aiming to improve the quality and reliability of forensic evidence used in investigations and legal proceedings.
Description
The bill creates the position of the Forensic Science Regulator, appointed by the Secretary of State, who must have expertise in forensic science. The Regulator's main duty is to publish a code of practice for forensic science activities in England and Wales. This code will specify which activities it covers and may vary for different purposes or individuals. Before publication, the code requires consultation with relevant stakeholders and approval from Parliament. While failure to follow the code doesn't automatically lead to legal action, it's admissible in court.
The Regulator can investigate potential risks to investigations or justice and issue compliance notices requiring individuals to take specific steps to mitigate those risks, potentially including temporary suspensions from work. Appeals against compliance notices or decisions related to them are possible through the First-tier Tribunal. The Regulator can also issue guidance, reports, and advice, produce annual reports to Parliament, and share information with other public authorities where appropriate, subject to data protection legislation.
The bill defines "forensic science activity" broadly, encompassing crime detection and evidence handling. The Secretary of State can extend this definition via regulations, subject to parliamentary approval. The Crown is bound by the bill, except for sections relating to investigations, compliance notices, and appeals.
Government Spending
The bill does not specify exact figures for government spending. However, it will involve costs associated with the Regulator's salary, staff, office, equipment, and operational expenses. These costs will be covered by the Secretary of State.
Groups Affected
Groups potentially affected include:
- Forensic Science Professionals: Subject to the Regulator's code of practice and potential investigations.
- Police Forces and Investigative Agencies: Beneficiaries of improved forensic science practices.
- Courts and Tribunals: Will utilize the code of practice in assessing evidence.
- Defendants and Legal Representatives: The code and Regulator's actions may influence outcomes in criminal proceedings.
- The Secretary of State: Responsible for appointing the Regulator and overseeing their work.
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