The Accreditation of Forensic Service Providers Regulations 2018
S.I. 2018/1276 · Made 28 November 2018 · Extends to United Kingdom
Police
Made 28th November 2018
Laid before Parliament 3rd December 2018
Coming into force 25th March 2019
The Secretary of State, being a Minister designated M1 for the purpose of section 2(2) of the European Communities Act 1972 M2 in relation to criminal justice, makes the following Regulations in exercise of the powers conferred by that section.
Annotations to the whole text
Marginal citations
- M1
- M2
1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51), and by section 3(3) of, and Part 1 of Schedule 1 to, the European Union (Amendment) Act 2008 (c. 7). Under section 57 of the Scotland Act 1998 (c. 46) despite the transfer to Scottish Ministers of functions in relation to implementing obligations under Union law in respect of devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable by him as regards Scotland.
Contents
- 1Citation and commencement
- 2Interpretation
- 3Scope
- 4Requirement of accreditation
- 5Recognition of results
- Signature
- Schedule
- 1Specified competent law enforcement authorities
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Accreditation of Forensic Service Providers Regulations 2018 and come into force on 25th March 2019.
2Interpretation
In these Regulations—
F1“AWE Aldermaston” means the Atomic Weapons Establishment at Aldermaston;
“competent law enforcement authorities” means those bodies responsible for the prevention, detection or investigation of criminal offences as specified in the Schedule to these Regulations;
“dactyloscopic data” has the same meaning as in F2Title II of Part 3 of the Trade and Cooperation Agreement (exchanges of DNA, fingerprints and F3vehicle registration data);
“DNA-profile” has the same meaning as in Title II of Part 3 of the Trade and Cooperation Agreement (exchanges of DNA, fingerprints and vehicle registration data);
F4“Dstl Fort Halstead” means the Defence Science and Technology Laboratory at Fort Halstead;
“Dstl Porton Down” means the Defence Science and Technology Laboratory at Porton Down;
“forensic service provider” means any person that carries out laboratory activities at the request of competent law enforcement authorities;
F5...
“laboratory activity” has the same meaning as in Title II of Part 3 of the Trade and Cooperation Agreement (exchanges of DNA, fingerprints and vehicle registration data);
F6“relevant employee” in relation to a particular laboratory activity means an individual who is employed by an accredited forensic service provider for the purpose of carrying out that laboratory activity;
F7“the Trade and Cooperation Agreement” has the same meaning as in the European Union (Future Relationship) Act 2020 (see section 37 of that Act);
“UKAS” means the United Kingdom Accreditation Service, a company limited by guarantee incorporated in England and Wales under number 03076190.
3Scope
These Regulations apply to laboratory activity that results in—
a DNA-profile, or
dactyloscopic data.
These Regulations do not affect national rules on the judicial assessment of evidence.
4Requirement of accreditation
Competent law enforcement authorities must use an accredited forensic service provider to conduct any laboratory activity that—
is within scope of these Regulations, and
is requested in relation to the prevention, detection or investigation of criminal offences.
In respect of laboratory activity carried out—
at AWE Aldermaston, Dstl Fort Halstead or Dstl Porton Down, and
on items which require specialist handling and containment due to the presence of hazardous chemical, biological, radiological or nuclear material or explosive material,
the requirement of accreditation is satisfied if that laboratory activity is carried out by, or under the supervision of, an individual who is a relevant employee in relation to that laboratory activity.
The requirement of accreditation only applies in relation to laboratory work that is carried out after the commencement of these Regulations.
5Recognition of resultsF1
For the purposes of these Regulations, the results of the following are to be regarded as being equally reliable—
laboratory activity carried out by forensic service providers accredited in accordance with regulation 4(2)(a);
laboratory activity carried out by forensic service providers accredited in accordance with regulation 4(2)(b);
laboratory activity carried out in accordance with regulation 4(2A).
Signature
Nick Hurd
Minister of State
Home Office
1Specified competent law enforcement authorities
Any police force maintained under either section 2 or section 5A of the Police Act 1996 M1.
2
Her Majesty's Revenue and Customs.
3
The British Transport Police Force.
4
The City of London police force.
5
The Civil Nuclear Constabulary.
6
The Home Office.
7
The National Crime Agency.
8
The Police Service of Northern Ireland.
9
The Police Service of Scotland.
10
11
The Serious Fraud Office.
Explanatory note
(This note is not part of the Regulations)
These Regulations transpose Council Framework Decision 2009/905/JHA of the 30th November 2009 on accreditation of forensic service providers carrying out laboratory activities (OJ L 322, 9.12.2009, p 14-16).
Regulation 3 limits the scope of the laboratory activities to which the Regulations apply to those which result in the production of DNA-profiles or dactyloscopic (fingerprint) data. It also provides that these Regulations do not affect the existing legal framework regarding the admissibility and assessment of evidence in legal proceedings.
Regulation 4 requires forensic service providers conducting laboratory activities to be accredited to the accreditation standard EN ISO/IEC 17025 on general requirements for the competence of testing and calibration laboratories. Copies of the EN ISO/IEC 17025 standard can be obtained from the British Standards Institute, BSI Customer Services, 389 Chiswick High Road, London W4 4AL, UK (www.bsigroup.com).
Regulation 5 requires specified law enforcement authorities (as defined in the Schedule to these Regulations) to recognise the results of accredited forensic service providers in other member States as being equally reliable as the result of a laboratory activity provided by a UK accredited forensic service provider.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.