Regulatory Considerations for Translational Forensic Science

To be effectively deployed in operational forensic science, innovative methods must meet the regulatory standards for their jurisdiction. This chapter will consider how the balance between agility in introducing innovative scientific approaches to criminal casework and the requirement to comply with such standards can be reached, primarily drawing on experience in England and Wales. It considers how regulators and courts must balance the risk of failing to use new technologies in a timely manner, against the risk of novel and/or insufficiently tested methods giving rise to unreliable evidence. Demonstration of reliability through validation of methods for their specific purpose, followed by careful implementation and third-party accreditation is discussed, alongside the role of the court in considering admissibility. Practicalities, including the importance of collaboration between researchers and end users, clarity of regulatory requirements, costs, funding and mechanisms for translation are presented.