Code of Practice for the Forensic Science Regulator

Earl of Lindsay Excerpts

Monday 27th February 2023 Grand Committee

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, forensic science is vital to the investigation and prosecution of crime. Without high-quality forensic evidence entering the criminal justice system, our ability to fight crime would be compromised. We are fortunate in this country to have some of the world’s best forensic scientists, who deploy their considerable skills to help deliver justice, but we cannot rest on our laurels.

Public confidence in the criminal justice system is vital. This confidence can be undermined if quality standards in forensic science are not upheld or maintained. This Government believe that, in order to set appropriate standards, a degree of statutory regulation is required, which is why it has been long-standing government policy—since 2016, in fact—that the Forensic Science Regulator should have statutory powers. That is why the Government supported the Private Member’s Bill that became the Forensic Science Regulator Act in 2021.

The Act established the regulator as a statutory officeholder. It gives powers to the regulator allowing them to act, as a last resort, 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. It also requires the regulator to produce a draft statutory code of practice. This code defines which forensic science activities will be regulated and sets out the standards that providers will be expected to meet. It is the first time that a statutory code regulating the provision of forensic science has been produced anywhere in the world.

This code has been through a comprehensive consultation process, which revealed broad support among the forensics community. In fact, 83% of respondents to the consultation, which included stakeholders from policing, the commercial sector, academia and the judiciary, expressed their support for the model of regulation set out in the code. By adhering to the code and complying with its requirements, forensics providers will ensure that the evidence they gather and present to the courts is of the highest quality, in turn helping to maintain public confidence in our systems.

In practical terms, this means that all forensics providers who deliver forensic science activities to which the code applies will have to declare compliance with the code. In addition, they may also need to attain accreditation and establish quality management systems for the activities they undertake. Non-compliance with the code will not in itself automatically mean that the evidence gathered will be inadmissible—it is always the courts who ultimately decide whether to accept evidence—but compliance with the code will reduce the risk of substandard evidence entering the system. Compliance with the code will make it far more likely that providers are producing high-quality forensic evidence to the courts. Compliance with the code will help protect the integrity of the criminal justice system and guard against miscarriages of justice.

I very much hope that noble Lords will support this code of practice, which I commend to the Committee. I beg to move.

[The Earl of Lindsay (Con)]

My Lords, I thank my noble friend the Minister for providing this opportunity to consider the Motion that the 2013 draft code of practice for the Forensic Science Regulator, laid before the other place on 26 January, be approved. I warmly welcome the Forensic Science Regulator’s code of practice as an important further step in ensuring the quality, consistency and integrity of our forensic sciences across England and Wales. The code builds on the non-statutory codes of practice and conduct issued by the previous regulator and incorporates much of their content.

I particularly welcome the code’s recognition of the importance of accreditation against internationally recognised standards in driving quality improvement, trust and confidence in the critical services of forensic providers. Technical competence and consistency across the mixed economy for the provision of forensic science services should be a vital part of a fair and functioning criminal justice system. This code of practice will help achieve that.

I should declare an interest as the chair of the United Kingdom’s national accreditation body, UKAS, which is the sole national body recognised by government for the accreditation of organisations against nationally or internationally recognised standards. Accreditation provides assurance of the impartiality and competence of providers, which we can all agree are imperative in the criminal justice system. UKAS and the Forensic Science Regulator have been working closely since the FSR role was first created; together, we have achieved consistent success in improving standards through the accreditation of forensic science providers in both the private sector and police forces. UKAS will continue to work closely to deliver the vision of the Forensic Science Regulator with respect to compliance with standards and, through the accreditation of forensic providers, the demonstration of the appropriate competence of the practitioners undertaking this critical work.

I believe that this code of practice will support and encourage a culture of improvement and a commitment to quality, competence and impartiality across forensic science provision. I am delighted to add my support to its approval.

[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?

Forensic Science and the Criminal Justice System (S&T Committee Report)

Earl of Lindsay Excerpts

Monday 26th April 2021 Grand Committee

[The Earl of Lindsay (Con) [V]]

My Lords, I am very grateful to the noble Lord, Lord Patel, for introducing the report from the Science and Technology Committee on Forensic Science and the Criminal Justice System. This is an important report, which has not only shone a light on to some of the current failings and inadequacies of the use of forensic science within the criminal justice system but also makes important and much-needed recommendations for change and improvement. These recommendations are to be welcomed, and I very much hope that they will be carefully considered by all those working across this complex and multifaceted discipline. I recognise that some of the actions have been progressed since the publication of the report nearly two years ago, but it is particularly encouraging to note the successful progress of the Forensic Science Regulator Bill through both Houses, with just Royal Assent now awaited.

When enacted, the Forensic Science Regulator—the FSR—will gain long-overdue statutory powers. At this point, I declare an interest as the chair of the UK’s national accreditation body, UKAS. UKAS is the sole national body recognised by government for the accreditation of organisations against nationally and internationally agreed standards. It is in this capacity that I especially note the committee’s conclusions on the clear benefit of ensuring that the majority of forensic science providers are accredited to the appropriate international standards. Accreditation delivers assurance of the impartiality and competence of providers, which, I am sure we would all agree, is imperative within the criminal justice system.

I also welcome the recommendation that UKAS and the FSR work closely together to ensure that accreditation to relevant ISO standards is accessible and is progressed to ensure that the objectives of the FSR are realised. In fact, UKAS and the FSR have worked closely since the FSR role was first created. Together we have achieved consistent success in improving standards through the accreditation of forensic science providers in both the private sector and police forces, in line with the expectations of the FSR codes of practice and conduct.

As the FSR powers evolve, UKAS will continue to collaborate closely to deliver the vision of the FSR, focusing on clients with the required standards and, through the accreditation of forensic science providers, the demonstration of the appropriate competence of practitioners undertaking this critical work. In addition, UKAS and the FSR are able to share information through appropriate agreements, helping to support each other in their respective roles. The need for high-quality and reliable forensic services with sufficient capacity and capability to deliver the services required is a given. They are critical for a fair and functioning criminal justice system.

I therefore welcome and support the report’s conclusions calling for the delivery of strategic and accountable leadership, reflecting all the main stakeholders, to set the vision, strategy and agenda for forensic science. This leadership, vision, strategy and agenda are needed now more than ever as the shape of forensic science evolves to accommodate new technologies and changes in the types of crime and evidence needing to be examined. The recommendation to focus on building capacity within the digital forensics market will likewise be imperative to keep pace with demand.

In conclusion, I thank the noble Lord, Lord Patel, and his committee for the expertise and foresight they have brought to this excellent report. I add my support to their conclusions and recommendations.

Forensic Science Regulator Bill

Earl of Lindsay Excerpts

2nd reading
Friday 19th March 2021 Lords Chamber

[The Earl of Lindsay (Con) [V]]

My Lords, I thank the noble Lord, Lord Kennedy of Southwark, for introducing the Bill, which I warmly welcome as an important step in ensuring the quality, consistency and integrity of our forensic sciences across England and Wales.

The Forensic Science Regulator—FSR—has been calling for statutory powers for many years to ensure that, through its codes of practice, there is a level playing field within the forensic science sector in respect of quality. Experience has shown that it can often take statutory powers to ensure that this is achieved. For example, the statutory requirements in the Accreditation of Forensic Service Providers Regulations 2018 for fingerprints and DNA have resulted in a significant increase in the levels of accreditation, as opposed to other forensic activities, such as digital forensics, where no such requirement exists. It is therefore imperative for the sake of our criminal justice system that the Forensic Science Regulator is granted the statutory powers contained within the Bill to ensure that quality and impartiality are enshrined throughout forensic science.

At this point, I should declare an interest as the chair of the UK’s national accreditation body—UKAS. It is the sole national body recognised by the Government for the accreditation of organisations against nationally or internationally recognised standards. UKAS has worked with the Forensic Science Regulator since the role was created. The FSR sees accreditation as being an essential part of the regulatory framework to ensure technical competence and consistency across the mixed economy that now exists for the provision of forensic science services.

Many of the FSR codes of practice and conduct therefore include this need for forensic service providers and police forces to be accredited to the relevant international standards by specified deadlines. However, as noted by the noble Lord, Lord Kennedy, without the statutory powers included in the Bill, many providers have lacked the incentive to meet the regulator’s deadlines, and many of these deadlines have subsequently been missed. This has resulted in an uneven patchwork of accredited and non-accredited forensic services, with the inevitable consequence that the quality of service provision across the forensics landscape will be inconsistent.

In its most recent annual report published in January, the regulator noted how the adoption of quality standards underpinned by accreditation in areas such as fingerprint comparison has resulted in a number of significant improvements, including evidence of the competence of experts, the generation of validation studies, improved note-taking and the introduction of quality assurance mechanisms.

In conclusion, by further empowering the regulator, this legislation will drive a culture of continuous improvement and a commitment to quality, competence and impartiality across forensic science provision. I therefore look forward to supporting the Bill throughout its remaining stages.