Draft Forensic Science Regulator Draft Code of Practice 2025 (VERSION 2)

(Limited Text - Ministerial Extracts only)

Monday 28th April 2025 General Committees

[The Minister for Policing and Crime Prevention (Dame Diana Johnson)]

I beg to move,

That the Committee has considered the draft Forensic Science Regulator draft Code of Practice 2025 (Version 2).

It is a pleasure to see you in your place, Sir Desmond. Upholding quality standards in forensic science is vital to securing and maintaining confidence in criminal justice outcomes. Our missions to halve violent crime, halve violence against women and girls and increase confidence in the police and criminal justice system depend on the timely delivery of high-quality and cost-effective forensic science. We also intend to consult on a new national centre of policing to bring together crucial support services, including forensics, that local police forces can draw on, in order to raise standards and improve efficiency.

When in opposition, the Labour party fully supported the then Government in passing the Forensic Science Regulator Act 2021, which established the regulator as a statutory office holder and allows them to take action when they have 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. The Act also requires the regulator to produce a statutory code of practice that formally defines which forensic science activities will be regulated and sets out the standards that providers will be expected to meet. The code sets out the required standards of conduct and practice for forensic science providers, including the requirements for quality-management systems. It also provides definitions of forensic science activities and states which activities the code applies to.

The first version of the code came into force in October 2023, and was the first such statutory code anywhere in the world. Due to the novelty of the new statutory requirements, the regulator considered it prudent to anticipate a second version a year on from the first coming into force. As a result, a consultation on version 2 of the code was launched in early 2024. During the initial consultation approximately 1,230 comments were received from 96 respondents from a range of organisations and sectors, including law enforcement, academia and commercial providers. Law enforcement made up 64 of the 96 respondents. The regulator also held extensive discussions with specialist groups and others across the forensics community.

Version 2 of the code represents another significant milestone in the ongoing journey to enhance the integrity, reliability and effectiveness of forensic science in England and Wales. Most of the changes in version 2 are minor and technical, and clarify existing provisions. The changes address practical issues that arose when the first version of the code was implemented.

The most significant change in version 2 relates to the regulation of incident-scene examination. Many forensic stakeholders, including chief police officers and others in law enforcement, raised concerns with the regulator regarding the effectiveness of the requirements set out in version 1. As a result, version 2 streamlines the compliance process for crime-scene examination by requiring a corporate approach by each police organisation, and therefore avoids what was seen as unnecessary replication across the 149 sites where individual sites are currently assessed.

The new requirements for crime-scene examination in the code will ensure that a risk-based and proportionate approach is taken to regulation. The regulator believes this will save significant police staffing hours. 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 cost savings for policing. The new iteration of the code will continue to protect the integrity of the criminal justice system and help to guard against miscarriages of justice.

Finally, I put on the record my thanks to the UK’s hard-working police and forensic scientists, who do an excellent job of delivering vital services every day. I commend the draft code of practice to the Committee.

--- Later in debate ---

[Dame Diana Johnson]

I very much welcome the shadow Minister’s comments, and recognise the cross-party support for this work.

It is important that stakeholders have been listened to. Having the consultation over a considerable period of time was helpful in allowing everyone to put forward their views. I take the hon. Lady’s point about keeping the regulatory burden under review, and also her point about the transitional period. I am of the view that it is a good transitional period, but if issues are raised that cannot be dealt with by October, I am sure we can look at it again. Given the hon. Lady’s comments, there seems to be cross-party support for the measure.

Question put and agreed to.