Forensic Science Regulator Draft Code of Practice 2025
(Limited Text - Ministerial Extracts only)
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Lord Hanson of Flint
That the Grand Committee do consider the Forensic Science Regulator Draft Code of Practice 2025.
The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
My Lords, forensic science is an integral part of delivery of the criminal justice system in the 21st century. I am a devoted fan of television programmes on real crime in the evenings, and I can honestly say that I have not yet seen one where DNA, drug analysis, mobile phones, photos, messages, health apps or emails have not brought the criminals to justice. Bringing people to justice is absolutely central to what we do. I put on record my thanks to the police and forensic scientists in this country for all they do in delivering these crucial services.
The Government’s mission is to halve violent crime, halve violence against women and girls, and increase confidence in the police and criminal justice system. We are also consulting on a new national centre of policing to bring together crucial support services, including forensics, that local police forces can draw upon to raise standards and improve efficiency.
None of this can be done without access to high-quality and cost-effective forensic science. The Forensic Science Regulator Act 2021 was a significant milestone for forensic science in England and Wales. It established the Forensic Science Regulator as a statutory officeholder, giving it power to take action when it has reason to believe that forensic science activities are being conducted in such a way as to create a substantial risk to the course of justice. More pertinent to this Committee’s work today, the Act requires the regulator to produce a statutory code of practice. This code will formally define which forensic science activities will be regulated and set out the standards that forensic practitioners must meet.
The very first version of that code came into force under the previous Government in October 2023 following parliamentary approval. It was the first such statutory code anywhere in the world. We recognised that, due to the novelty of those statutory requirements, the regulator would have to examine a second version of the code in due course.
We have undertaken a consultation on version 2 of the code, which was launched in early 2024. This resulted in 1,230 comments from 96 respondents from a range of organisations and sectors, including law enforcement, academia and commercial providers. Policing and wider law enforcement constituted 64 of the 96 respondents. The regulator also held extensive discussions with specialist groups from across the forensics community. The result is that version 2 of the code is laid before us today.
Most of the changes are minor or technical and clarify existing provisions. Some practical issues that arose only when the first version of the code was implemented have now been addressed and rectified. The most significant change in version 2 of the code relates to the regulation of incident scene examination. For some time, concerns had been raised with the regulator by policing concerning the effectiveness of the incident scene examination requirements set out in version 1 of the code. Version 2 streamlines that process and will now require a corporate approach by each police organisation, and eliminates the need for individual assessments across 149 different sites. The regulator believes that this will save significant police staffing hours and should therefore be welcomed.
The new requirements set out in version 2 of the code have widespread support among forensic practitioners, forensic leaders and chief police officers, and should lead to significant savings for the police. Overall, version 2 of the code has been designed to continue to protect the integrity of the criminal justice system and to help guard against miscarriages of justice.
Finally, I put on record my thanks to Gary Pugh, the Forensic Science Regulator, who will be retiring towards the end of this year. During his term he has overseen the transition of the role to that of a statutory officeholder and produced the code of practice before us today. I commend this instrument to the Committee.
The Deputy Chairman of Committees (Baroness Wilcox of Newport) (Lab)
My Lords, it is of note that the Minister, both opposition spokespeople and the chair are all Welsh, as we talk about forensic science. I wonder how often that happens.
Lord Davies of Gower (Con)
My Lords, like the Minister, I too am a fan of forensic science. I well remember the introduction of DNA evidence during my police service in the mid-1980s, and of course some very challenging crimes have been solved by scientists using forensic science.
I thank the Minister for introducing this statutory instrument. This measure brings forward version 2 of the statutory code of practice, as required under the Forensic Science Regulator Act 2021, legislation introduced by the previous Conservative Administration. These provisions marked a significant step forward, placing the regulator on a statutory footing for the first time and mandating the creation and upkeep of a code to govern forensic science activities across England and Wales.
Version 1 of the code, which came into force in October 2023, was the first statutory code of its kind anywhere in the world. It represented an important milestone in improving the quality and consistency of forensic science. Version 2, which we are considering today, introduces a series of technical and procedural amendments aimed at improving clarity, efficiency and regulatory consistency. Many of these changes respond directly to issues raised during the early implementation of the original code, such as simplifying the accreditation process and refining standards around scene examination and other forensic practices.
We welcome the introduction of a transitional period, extending to October 2025, to support providers, particularly small businesses, in adjusting to the updated requirements. We note that changes were made following a broad consultation process, which received strong support from across the forensic science community. We support efforts to strengthen forensic standards, particularly where they serve to uphold the integrity of the criminal justice system. None the less, we believe that it is right to raise several points for consideration.
First, on the question of regulatory burden, have the Government undertaken a full and transparent assessment of whether these revised provisions meaningfully reduce unnecessary bureaucracy, especially for smaller providers? Will a formal post-implementation review be carried out to ensure that the intended efficiencies are being realised without compromising quality?
Secondly, we would welcome clarity on how the regulator intends to remain responsive to future developments. Forensic science is a rapidly evolving field and it is essential that the regulatory framework remains adaptable. Can the Minister confirm whether there is a rolling review process for ensuring that the code is kept up to date in a timely manner, rather than relying solely on periodic revisions?
Finally, on stakeholder engagement, while it is encouraging that the initial consultation involved a wide range of voices, can the Minister explain how the Government intend to maintain ongoing dialogue with front-line practitioners as the code is implemented in practice?
In conclusion, this revised code of practice represents a constructive step forward in refining and strengthening the regulatory regime for forensic science. While we support the direction of travel, we will continue to monitor implementation closely and encourage the Government to remain responsive to ongoing feedback from across the sector.
Lord Hanson of Flint (Lab)
I am grateful to the noble Baroness, Lady Humphreys, and the noble Lord, Lord Davies, for their contributions. As a relative newcomer to the House, I had not realised that the noble Baroness, Lady Wilcox, had not chaired the Grand Committee before. I wish her well. I note also that all of us speaking in the Committee today have been Welsh by election—if not in my case by birth.
Lord Deben (Con)
Just in case anybody misses me out, I am Welsh also, but I am not actually speaking in this debate.
Lord Hanson of Flint (Lab)
My knowledge broadens daily. In all the years I have watched the noble Lord from a distance, I had never realised that—we learn something every day.
The points raised were valid points. In answer to the noble Baroness, Lady Humphreys, I do not have a figure for the number of SMEs but there has been wide consultation. This is not a new requirement: version 1 has been in place and version 2 is a slight update with some slight tweaks. I hope noble Lords are aware of that. To minimise the impact of the requirements, including on small and micro businesses employing up to 50 people, the regulator is allowing a transitional period from the date that the version 2 code of practice comes into force until October 2025, for all providers to become compliant with version 2 of the code. There is a learning space for small businesses.