Compliance notices
6
1
This section applies if the Regulator believes that a person is carrying on a forensic science activity to which the code applies in a way that creates a substantial risk of—
a
adversely affecting any investigation, or
b
impeding or prejudicing the course of justice in any proceedings.
2
The Regulator may serve a compliance notice on the person.
3
A compliance notice is a notice requiring the person on whom the notice is served to take one or more steps specified in the notice within the period or by the date specified in the notice.
4
A compliance notice may prohibit the person on whom the notice is served from carrying on any forensic science activity in England and Wales specified in the notice until the Regulator is satisfied that a step specified in the notice has been taken or does not need to be taken (see section 7).
5
In deciding whether to serve a compliance notice on a person and in determining the content of a notice the Regulator may take into account any failure by a person to act in accordance with the code.
6
A compliance notice must be in writing and include information as to—
a
the Regulator’s reasons for serving the notice,
b
rights of appeal (see section 8), and
c
the consequences of not complying with the notice.
7
The Regulator may bring proceedings for an injunction (including an interim injunction) for the purpose of securing compliance with any step or prohibition specified in the notice.
8
The Regulator may at any time vary or cancel a compliance notice after it has been served by giving notice in writing to the person on whom it was served.