Code of Practice for the Forensic Science Regulator

Debate between Lord Thomas of Cwmgiedd and Lord Coaker

Monday 27th February 2023 Grand Committee

[Lord Thomas of Cwmgiedd (CB)]

My Lords, I, too, warmly welcome this code of practice. As the Minister so eloquently pointed out, we have one of the best five forensic science services in the world and have made enormous strides in getting forensic science set on a course of absolute science, rather than old wives’ tales or police lore. That is a huge step forward, which this country has been instrumental in taking.

However, it is right to say that there have been several serious miscarriages of justice—I have sat on several of them—where forensic scientists have not behaved with competence or integrity or have gone beyond what they are qualified to speak about. I therefore warmly welcome the work of the two non-statutory regulators, Andrew Rennison and Dr Gillian Tully, and now the statutory regulator, Mr Gary Pugh, in all they have done to try to eliminate the problems that have caused difficulties in such cases.

The noble Earl, Lord Lindsay, has spoken eloquently about accreditation, which is key. Also key is the fact that, within organisations, there must be a senior appointed individual who can be made responsible for lapses that occur. I regard as the most important part of the code the part that sets out standards of impartiality and integrity. As I have said, there have been cases where this has not always been so. Much to my regret, in some cases, there has been a lack of professionalism. One must remember that forensic scientists are often put under a great deal of pressure; standards of integrity to resist pressure, particularly from police officers who are anxious to secure a conviction, are therefore essential. The record of what has happened is well known so I need not go into it.

Secondly, it is important to stress the duty of the court. Thirdly, I very warmly welcome—it may be due to Mr Gary Pugh’s personal integrity and experience—the duty to guard against miscarriages of justice.

It is also important that the code goes into detail. There have been serious problems in relation to footwear analysis, DNA and fingerprinting, and it is good to see those now firmly covered by standards. There has also been worry about the way evaluative opinions have been formed. Many experts—not merely forensic experts—stray outside their sphere of expertise and seek to act more as advocates than as independent experts, relying on matters to which the code refers. I am very glad, therefore, that there is a firm steer for evaluative opinions.

The strength of the code can be seen by the fact that it deals with infrequently consulted experts, making it clear that, although they are not subject to accreditation, they must abide the standards of the court. It is surprising to see the spheres in which expert evidence is often needed, and from people who will never have given expert evidence before, or where the court may never have had expert evidence. Therefore I see this as a landmark in trying to make certain that we buttress our outstanding reputation as a nation in forensic science and strengthen that position for the future.

I will ask two questions of the Minister. First, what is to be done to ensure that the code is publicised and enforced? Secondly—I have spoken on this on many occasions—is the Home Office really getting to grips with other issues in forensic science and taking forward the need to keep forensic science ahead of the game, particularly in digital forensics?

[Lord Coaker (Lab)]

My Lords, I thank the noble Earl and the noble and learned Lord who have contributed to this important if short debate. They said that this is an extremely important step forward by the Government, and we welcome it as well.

I thank the noble Lord, Lord Sharpe, for his introduction. I also thank my friend in the other place, Darren Jones MP, and indeed my colleague and noble friend Lord Kennedy, who would be most upset if I did not mention that he was part of the Private Member’s Bill effort which became the Forensic Science Regulator Act in 2001. That was an important step forward and shows how sometimes Private Members’ Bills can make a real difference. As noble Lords realise, the Act required the regulator to produce a statutory code of practice so that all those doing forensic science activities uphold and maintain proper standards, which both the noble Earl and the noble and learned Lord said is so important, and which indeed many forensic scientists do.

This statutory instrument is the new code of practice. It builds upon non-statutory codes of practice and integrates much of their content. Upholding good forensic science standards is absolutely vital to our criminal justice system. The code applies to all those carrying out forensic science activities: individual practitioners, academics, private and public sector organisations, or indeed forensic science units.

With those general comments I have a few questions for the Minister. A report by His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services showed that, when it came to digital forensics, the police have not kept pace with the scale of the challenges they face. The report said that, in some cases, they simply did not understand what digital forensics meant. It found, in the words of the inspectorate,

“delays … so egregious that victims were being failed”.

Could the Minister give us any indication of what progress has been made following the recommendations of that report?

The Home Office also considered an impact assessment on the Forensic Science Regulator in 2013, but it has not been updated since. With this new regulator and statutory code, has an internal impact assessment from 2021 been made? There was a deadline of October 2022 for all police laboratories to be accredited. Can the Minister give an update on whether that target was reached?