Key Facts

• The proposed Bill aims to give statutory powers to the Forensic Science Regulator.
• Since its creation, the regulator has lacked enforceable quality standards and compulsory compliance.
• Poor-quality forensics can lead to failed prosecutions and miscarriages of justice.
• Successive Governments have been committed to putting the regulator on a statutory footing for nearly eight years.
• The Science and Technology Committee concluded that legislation is urgently required to give the Regulator statutory enforcement powers.
• The closure of the Forensic Science Service in November 2010 was warned against by the committee due to its impact on forensic science research, development, and capacity.
• The House of Lords Science and Technology Committee report concluded that budget cuts and lack of clear incentives for providers to seek accreditation have put forensic science providers under extreme pressure.
• Some judges were unaware of accreditation requirements or the Forensic Science Regulator’s codes of practice.
• Defence lawyers expressed concern about perceived compromises regarding quality standards leading to routine challenges to the integrity of forensic evidence presented in court.
• The collapse of key forensic services in 2018 had damaging effects on the criminal justice system.
• There was an increased error rate and unsustainable strain on staff during the period following the service collapse.
• DNA swabs were contaminated through unrelated case handling at sexual assault referral centres, highlighting inadequate quality standards.
• The market for forensic services is dominated by a few large players with niche processes offered by small providers.
• Accreditation standards are seen as a greater impediment to competitiveness than demonstrating quality work.
• Police forces view accreditation as a low priority, necessitating statutory regulation to ensure accountability and funding of high-quality forensics.
• The Bill seeks to improve the current marketised approach rather than reversing it.
• A review by the Ada Lovelace Institute on biometric data governance is due to report next month.
• The forensic science regulator has had non-statutory powers since 2007.
• Approximately 17 organisations in England & Wales are regularly practising forensic science but do not comply with the Codes.
• 12 out of these 17 non-compliant organizations are police forces.
• Expenditure on private forensics has decreased from £120 million in 2008 to £50 million currently.
• The Forensic Science Regulator lacks legal powers to enforce standards or impose fines on private providers.
• Dr Gillian Tully acknowledges the current regulator's inefficacy and lack of enforcement power.
• The Forensic Science Service was closed due to significant financial losses.
• There were high-profile forensic science failures resulting in abandoned trials.
• The decision to close the service was not purely ideological but also practical.
• Forensic science is close to broken according to numerous authorities.
• Since FSS privatisation in 2012, 90% of traditional forensic science is delivered by three large providers.
• Fewer than 10% of police forces have met basic quality standards for fingerprint evidence.
• The bill includes clauses introducing a code of practice with safeguards and standards, allowing investigations with an appeals process, and defining 'forensic science activity'.
• The House of Commons Science and Technology Committee recommended statutory powers for the regulator in 2011, 2013, and 2016.
• Sir Brian Leveson’s review of criminal proceedings in 2015 repeated the call for statutory powers.
• In 2002, the Forensic Science Service stopped being a preferred supplier to police forces.
• The Home Office established the national forensics framework in 2008 without statutory provisions.
• The Government has committed approximately £28 million over a year to improve forensic science via the Transforming Forensics Programme.
• There is no definite plan for government legislation to support the Regulator's statutory enforcement powers.
• The MP welcomes the Forensic Science Regulator and Biometrics Strategy Private Member’s Bill proposed by Darren Jones, MP.
• The Bill focuses on giving enforcement rights to the Forensic Science Regulator to accredit standards.
• Biometrics elements have been removed from the bill to concentrate on key issues.
• The hon. Member for Bolton West (Chris Green) supports focusing on specific areas of forensic science regulation.
• The regulator must reassure the public about the quality of forensic science practices.
• Forensic laboratories require strict cleanliness and sample handling protocols to prevent contamination.
• Digital evidence analysis involves monitoring various devices with different software and operating systems.
• The total annual police budget is £12.3 billion.
• In 2008, the forensic science budget was about £120 million; in 2018-19, it was £50 million to £55 million.
• Mycology is a specialized technique used in estimating times of death and providing trace evidence.
• A contributor to the House of Lords Science and Technology Committee reported a significant drop in cases from five or six per year to one or two, or even zero.
• The Forensic Science Service was abolished in 2012.
• Since then, private sector providers have taken over forensic services.
• Without fully enforceable quality standards, there is a risk of supply shocks and market collapse.
• The Forensic Science Regulator’s 2020 annual report raises concerns about levels of compliance on the classification of firearms.
• Efforts have been made to incentivise police forces to seek accreditation, but these efforts are hindered by the regulator's lack of statutory powers.
• The 2019 “Forensics Review” found that police forces de-prioritised investment and meeting deadlines for accreditation due to cost pressures.
• Only 30% of police forces are compliant with crime scene investigation standards.
• Digital forensic compliance is at only 20%.
• Five police forces still lack accreditation for fingerprint services.
• The Bill aims to make the Forensic Science Regulator a statutory appointee with statutory powers.
• It seeks to uphold standards in forensic science used in court proceedings across England and Wales.
• Support from Government, Science and Technology Committees of both Houses, and Chartered Society of Forensic Sciences.
• Compliance notices could affect evidence analysis by other providers.
• Justice is devolved to Northern Ireland and Scotland but the Forensic Science Regulator plays a role across the UK.
• The Scottish Police Services Authority was reviewed by the Forensic Science Regulator in the case of HM Advocate v. Ross Monaghan.
• There are privacy concerns about biometric data usage by police forces.
• Only about 30% of forces will be compliant with crime scene investigation standards by October 2020.
• Digital forensics compliance was likely to be worse than 20%.
• Five forces still lacked accreditation for fingerprint services despite it being a legal requirement.
• The Government first committed in 2016 to developing proposals to give the Forensic Science Regulator statutory powers.
• The Bill introduces a statutory Forensic Science Regulator for England and Wales.
• The regulator will be required to publish a code of practice about forensic science activities, subject to Parliamentary approval.
• The Bill addresses challenges identified by the House of Lords' Science and Technology Committee report in 2019.
• Forensic science is vital for detecting and prosecuting crimes.
• The Night Stalker case in south and south-east London involved a serial offender active for over two decades.
• DNA samples were gathered but did not lead to the suspect's capture until the investigation approach shifted.
• The Lords inquiry held 21 oral evidence sessions with over 50 witnesses and received 103 written submissions.
• Rebecca Endean, director of strategy at UK Research and Innovation, described forensic science as "probably as disparate as it could be".
• Nick Hurd MP stated there were significant problems managing the fragmented approach to forensic science.
• Police forces are likely to step up quickly if the Bill moves forward at pace.
• An SI transposing EU law into UK law on March 25, 2019 led to a rapid increase from 9% to 90% in fingerprint and DNA analysis within months.
• The raids involved 43 regional forces in England and Wales for county lines drug operations.
• The case involving a stolen heifer in Dyfed-Powys was successfully resolved with a £4,000 fine and £500 in costs.
• Cow DNA was used for the first time in a conviction earlier this year by Dyfed-Powys police.
• Developments in forensic science led to the conviction of Stephen Lawrence's killers 18 years after the crime.
• The Bill establishes the Forensic Science Regulator as a statutory office holder.
• The regulator will be able to investigate and take enforcement action regarding forensic science activities that risk prejudicing legal proceedings.
• Biometrics is acknowledged as an emerging issue needing further study.
• The Forensic Science Regulator currently lacks enforcement powers.
• An increasing number of small and medium-sized enterprises are providing forensic services.
• The Bill aims to achieve consistency and assist in the process of accreditation for all service providers.
• The Bill aims to strengthen forensic standards.
• Non-accredited labs face challenges and risks of court challenges due to lack of standardisation.
• Digital forensics is crucial in modern police work.
• The Government's programme aims to provide a statutory underpinning for forensics.
• Professor Simon Cole at University of California addresses general problems with American forensic science including resource inadequacy and insufficient connection to mainstream science.
• Richard Fuller questions whether the new regulation will enhance or evaluate the fairness of forensic evidence usage in court cases.
• The Bill will ensure all forensic providers are accredited.
• Richard Fuller raises concerns about parliamentary oversight of regulators.
• There are 30 agencies reporting to the Home Office out of 413 public bodies.
• The Bill aims to strengthen the regulatory power of the Forensic Science Regulator.
• Crime is evolving, necessitating adaptability in forensic science practices.
• Fiscal responsibility is a core belief for Bailey as a Conservative MP.
• Research shows potential costs of £70 million related to this issue.
• The overall spend on forensics across policing is about half a billion pounds.
• The cost of regulating forensic services properly is £400,000.
• Enforcement action is necessary to ensure adherence to rules and standards in the forensic science sector.
• The Forensic Science Regulator is not currently a statutory office holder.
• Three cases of bite-mark evidence in forensic dentistry have been discredited due to DNA evidence.
• Comparative bullet-lead analysis was used by the FBI for over four decades but has since been discredited.
• The Bill aims to put the Forensic Science Regulator on a statutory footing.
• It includes enforcement powers to address non-compliance by forensic service providers.
• Professor Angela Gallop's book 'When the Dogs Don’t Bark' highlights the importance of forensic standards.
• Digital forensics compliance with ISO standards is less than 30%.
• Police forces spend approximately £500 million a year on forensic services, with about 80% conducted in-house.
• The National Police Chiefs’ Council’s “Transforming Forensics” programme has received an investment of £15 million.
• Dr Gillian Tully's term as regulator is ending after her dedication to the role.
• The debate on the Bill was substantive and in-depth.
• Dr Gillian Tully provided support both on the Science and Technology Committee and in the production of the Bill.
• The Government showed support for the Bill.