‘Swapping Carrots for Sticks: Forensic Science Provider Views of the Forensic Regulator Act 2021’

Nsiah Amoako, Emmanuel; McCartney, Carole

Abstract

In April 2021, the Forensic Science Regulator Act 2021 received Royal Assent, providing new statutory powers for the Forensic Science Regulator (FSR) of England and Wales. These powers are intended to enable the FSR to compel forensic science providers (FSPs) comply with quality standard requirements. The FSR has until now relied upon ‘soft power’ and arguments of benefits to be gained if FSPs achieve accreditation and adhere to the Code of Practice. Reaching the limits of persuasive powers, the FSR Act now introduces powers to penalise FSPs who remain unaccredited or fall below published standards. To gauge the potential impact, forensic scientists were asked to anticipate effects of the Act. Practitioners indicated that the new statutory powers could instil a sense of urgency among police force forensic science units in particular, in prioritising quality and investing in accreditation. However, there are significant capacity limitations which may hamper more widespread and sustainable change, such as financial pressures faced by FSPs, as well as resource constraints within the FSR role. Changing from a regulatory approach focussed upon voluntary cooperation, support and encouraging intrinsic motivations (i.e ‘carrots’), for one reliant upon deterrence in the forms of threats of sanctions and punishment (‘sticks’), could prevent real improvements in quality and undermine the achievement of regulatory aims. The FSR Act is unable to address problems with forensic science provision, that militate against the quality of forensic science services. Thus, benefits accrued from swapping carrots for sticks may be illusory and may ultimately prove counterproductive.

• Journal Article Type: Article
• Acceptance Date: Jul 28, 2022
• Online Publication Date: Aug 1, 2022
• Publication Date: Sep 1, 2022
• Deposit Date: Aug 2, 2022
• Publicly Available Date: Aug 4, 2022
• Journal: Science and Justice
• Print ISSN: 1355-0306
• Publisher: Elsevier
• Peer Reviewed: Peer Reviewed
• Volume: 62
• Issue: 5
• Pages: 506-514
• DOI: https://doi.org/10.1016/j.scijus.2022.07.010
• Keywords: orensic science regulator, accreditation, statutory powers, quality, Forensic Science Regulator Act
• Public URL: https://uwe-repository.worktribe.com/output/9782024
• Publisher URL: https://www.sciencedirect.com/science/article/pii/S1355030622000995?via%3Dihub
• Additional Information: This article is maintained by: Elsevier; Article Title: ‘Swapping Carrots for Sticks: Forensic Science Provider Views of the Forensic Regulator Act 2021’; Journal Title: Science & Justice; CrossRef DOI link to publisher maintained version: https://doi.org/10.1016/j.scijus.2022.07.010; Content Type: article; Copyright: © 2022 Published by Elsevier B.V. on behalf of The Chartered Society of Forensic Sciences.