Abstract
AbstractThe role of Forensic Science Regulator (FSR), created in 2007, was established to assure the achievement and maintenance of forensic science service (FSS) provision that commands public confidence. The FSR works at an organizational level, to assure, and improve the quality of forensic service provision and manage the risks of quality failures by Forensic Service Providers (FSPs). Despite this apparent introduction of “regulation,” forensic science provision in the United Kingdom has continued to receive a critical assessment. FSPs are meant to voluntarily adopt the Regulator's quality standards, achieve and maintain accreditation, and comply with regulatory requirements and guidance, including reporting complaints and quality failures to the Regulator. The effectiveness of the FSR thus cannot be gauged by examination of the actions of the Regulator alone, but also requires evidence of impact upon FSPs. Using public data, supplemented by interviews with FSS providers, to facilitate an initial assessment of whether the FSR's role is “fit for purpose,” we outline five demands made of FSPs in delivering FSSs to the criminal justice system and the five objectives of the FSR to support and enhance the ability of FSPs to meet these demands. We provide a prefatory commentary on whether the FSR is able to effectively fulfill this purpose. It is argued that the FSR role in its current form cannot be considered “fit for purpose” when evidence of the impact of regulation is lacking. Finally, we briefly summarize “inhibitors” that prevent the FSR from being more effective.This article is categorized under: Jurisprudence and Regulatory Oversight > Expert Evidence and Narrative
Highlights
The need for forensic science to be regulated widely accepted once the vulnerabilities inherent in forensic science are recognized, and their deleterious impact on the criminal justice system (CJS) acknowledged
Has the regulation led to Forensic Service Providers (FSPs) adopting the Forensic Science Regulator (FSR) codes,3 and gaining and maintaining accreditation? Are quality failures minimized, and reported upon and remedied when they do occur? Are improvements to quality service provision taking place through validation of forensic science methods? Have FSPs sought to improve their service delivery in response to regulation? To supplement public documents and publications, forensic scientists and other stakeholders were interviewed (n = 18), reporting that both the role and restrictions on the Regulator in executing the role, as well as external pressures, means that reforms are necessary to improve the effectiveness of regulation
What is lacking is an assessment of the extent to which the regulatory programmes are achieving outcomes at the level of forensic science provision across all FSPs, and the extent to which these outcomes fulfill the purpose of the FSR
Summary
The need for forensic science to be regulated (should be) widely accepted once the vulnerabilities inherent in forensic science are recognized, and their deleterious impact on the criminal justice system (CJS) acknowledged. The FSR Codes and other regulatory guidelines set the requirements for how FSPs should meet these criminal justice objectives, including professional standards and conduct; reliability; integrity; impartiality; and accuracy of the work of FSPs throughout the process of forensic service provision Structural defects in the current marketplace, from the crime scene to court, may militate against the quality of forensic science more than the Regulator's role can counteract
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