Closed consultation

Consultation guidance: forensic science code of practice version 2 (accessible)

Published 12 February 2024

Applies to England and Wales

The Forensic Science Regulator Act 2021

Consultation draft for the development of version 2 of the Code of Practice

Information and response guidance

February 2024

About this consultation

Topic of this consultation

This consultation seeks views on the draft for the development of version 2 of the Code of Practice (‘the Code’). This version includes some amendments to the Code issued under the Forensic Science Regulator Act 2021.The code sets quality standard requirements for forensic science activities undertaken for matters related to the investigation of crime and the Criminal Justice System in England and Wales.

Representations welcome from

Persons who are, or are likely to be, carrying on activities to which the proposed code or the Code as proposed to be altered will apply.

Duration of consultation

The consultation will be open for 4 weeks from the 12th of February 2024 to 00:00 on the 11th of March 2024.

How to respond

Please send your response by 00:00 on the 11th of March 2024:

The Forensic Science Regulator,
c/o Home Office Science
23 Stephenson Street,
Birmingham,
B2 4BJ

Geographical scope

The Code applies to England and Wales, but the Regulator welcomes all views.

After the consultation

Following the consultation period, responses will be analysed, and the draft Code will be revised as the Regulator determines. The Regulator will send the Code to the Secretary of State for the Home Department for approval. Following this, the Code will then be laid before Parliament for approval. A response to this consultation exercise will be published on Gov.uk.

Enquiries

Please email any enquiries (including requests for alternative formats) to fsrconsultation1@homeoffice.gov.uk.

Why are we consulting?

Section 3 of the Act requires that the Regulator consult such persons as the Regulator considers appropriate before publishing a Code of Practice, or any alterations to the Code of Practice. The Act specifies that the persons consulted must include persons appearing to the Regulator to be representative of persons who are, or are likely to be, carrying on activities to which the proposed Code will apply.

The Regulator will notify such persons of the consultation by publishing the consultation draft for the development of version 2 of the Code of Practice for comments on his website, notifying the Regulator’s newsletter list, stakeholder lists, and the Regulator’s specialist groups.

This consultation is to fulfil the requirements of the Act for a statutory consultation.

Following consultation, the Regulator will consider representations made about the draft for the development of version 2 of the Code of Practice. The Regulator will send the code to the Secretary of State for the Home Department for approval, and then it will be laid before Parliament for approval before it will come into effect.

Supporting information

The Act requires the Regulator to prepare and publish a code of practice about the carrying on of forensic science activities in England and Wales. In accordance with the provisions of the Act, the Code was approved by Parliament, and came into force on the 2nd of October 2023.

The Act states the Regulator:

  • must keep the Code under review, and

  • may from time to time prepare and publish alterations to the Code or a replacement Code.

As forensic units implemented the Code, queries have been raised leading the Regulator to propose amendments to the Code to:

  • clarify existing clauses;
  • make editorial changes;
  • update references;
  • correct inaccuracies and ambiguities;
  • contextualise existing requirements;
  • remove requirements in line with the Regulator’s Notification: No. 01-2023;
  • add FSA specific requirements for incident scene examination; and
  • build on the FSA specific requirements for video to clarify existing requirements for speed estimation from video.

Information about changes made between version 1 of the Code, and the draft for the development of version 2 of the Code can be found, in the Summary of key changes proposed for the Forensic Science Regulator’s Code of Practice Report.

Contact details and how to respond

Please send your response by 00:00 on the 11th of March 2024.

There are a variety of ways in which you can provide your views.

Responses can be submitted online through the survey which can be accessed at the following link:

https://www.homeofficesurveys.homeoffice.gov.uk/s/fsr-code-v2/

Responses can be submitted by email to:

fsrconsultation1@homeoffice.gov.uk

Responses can be submitted by post to:

The Forensic Science Regulator,
c/o Home Office Science
23 Stephenson Street,
Birmingham,
B2 4BJ

Complaints or comments

If you have any complaints or comments about the consultation process, you should contact the Regulator at the above address.

Alternative format versions

Alternative format versions of this consultation can be requested from fsrconsultation1@homeoffice.gov.uk.

Representative groups

Representative groups are asked to give a summary of the people and organisations they represent when they respond.

Data Protection

The Regulator is the data controller in respect of any information you provide in your answers. Any response that you provide will be processed by the Regulator pursuant to the functions set out in the Forensic Science Regulator Act 2021. Further information can be found within the Regulator’s Personal Information Charter.

Questionnaire

The Regulator welcomes comments on any aspect of the draft for the development of version 2 of the Code of Practice and the key changes proposed for the Forensic Science Regulator’s Code of Practice.

Please submit your comments using this form.

You do not need to answer every question.

About the respondent

Please use this section to tell us about yourself.

Q1. Full name

Q2. Job title or capacity in which you are responding to this consultation (for example, member of the public)

Q3. Company name/Organisation (if applicable)

Q4. If you are a representative of a group, please give the name of the group and a summary of the people/organisations that you represent.

Q5. Email address

Q6. Do you or your organisation carry out forensic science activities in England and Wales?

Please tick which of the following applies to you.

  • F1 – FSAs to which the Code applies
  • F2 – FSAs to which the Code does not apply
  • F1 and F2
  • None of the above

General questions about the Code and Regulation

Q7. Did you/and or organisation respond to the previous consultation on the Code?

Q8. Do you have any comments on the Code, and the Forensic Science Activities (FSA’s) including Forensic Science Activities which are not yet subject to the Code?

Paragraph number of the Code Issue/comment Suggested amendment/change/support
     
     
     
     
     
     
     
     

Q9. Do you think there is anything missing from the Code, if so, what additions would you suggest and why?

Q10. Do you have any further comments to make?