The Accreditation of Forensic Service Providers Regulations 2018

Citation and commencement

1.  These Regulations may be cited as the Accreditation of Forensic Service Providers Regulations 2018 and come into force on 25th March 2019.

Interpretation

2.  In these Regulations—

“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 the Framework Decision;

“DNA-profile” has the same meaning as in the Framework Decision;

“forensic service provider” means any person that carries out laboratory activities at the request of competent law enforcement authorities;

“Framework Decision” means Council Framework Decision 2009/905/JHA of 30th November 2009 on accreditation of forensic service providers carrying out laboratory activities(1);

“laboratory activity” has the same meaning as in the Framework Decision;

“UKAS” means the United Kingdom Accreditation Service, a company limited by guarantee incorporated in England and Wales under number 03076190.

Scope

3.—(1) These Regulations apply to laboratory activity that results in—

(a) a DNA-profile, or

(b) dactyloscopic data.

(2) These Regulations do not affect national rules on the judicial assessment of evidence.

Requirement of accreditation

4.—(1) Competent law enforcement authorities must use an accredited forensic service provider to conduct any laboratory activity that—

(a) is within scope of these Regulations, and

(b) is requested in relation to the prevention, detection or investigation of criminal offences.

(2) A forensic service provider is accredited if they are either—

(a) accredited by UKAS as complying with European standard EN ISO/IEC 17025(2), or

(b) are otherwise accredited in accordance with Article 4 of the Framework Decision (accreditation).

(3) The requirement of accreditation only applies in relation to laboratory work that is carried out after the commencement of these Regulations.

Recognition of results

5.  Results of laboratory activity carried out by forensic service providers accredited either under sub-paragraph (a) or under sub-paragraph (b) of regulation 4(2) (requirement of accreditation) are to be regarded as being equally reliable.

Nick Hurd

Minister of State

Home Office

28th November 2018