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Equality Act 2010: Guidance (2015)

The Equality Act 2010 replaced previous anti-discrimination laws with a single Act. It protected people from discrimination, age discrimination and public sector Equality Duty, sets out the different ways in which the maltreatment of an individual can be unlawful.

The Equality Act 2010 provides a basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions, work, education, associations and transport, protection against indirect discrimination to disability, allowing claims for direct gender pay discrimination where there is no actual comparator and much more.

Before the Act came into force there were several pieces of legislation to cover discrimination, including:

  • Sex Discrimination Act 1975

  • Race Relations Act 1976

  • Disability Discrimination Act 1995

Complaints made about unlawful treatment, that happened after the 1st October 2010, the Equality Act will apply. However if was before this date, then the legislation that was in force at the time will apply.

The Equality Act 2010 includes provisions that ban age discrimination against adults in the provision of services and public functions. It also includes the public sector Equality Duty public bodies have to consider all individuals when carrying out their day-to-day work – in shaping policy, in delivering services and in relation to their own employees.

Published 01/01/2015
Authoring body: Government Equalities Office
Policy
Resource
Regulation of Investigatory Powers Act 2000 (RIPA)

The regulation of Investigatory Powers Act 2000 relates to the interception, acquisition and disclosure of data relating to communications, the carrying out of surveillance, the use of covert human intelligence sources and the acquisition of the means by which electronic data protected by encryption or passwords may be decrypted or accessed.

There are three main ways of surveillance and covert human intelligence

  1. direct surveillance

  2. intrusive surveillance

  3. use of covert human intelligence sources

Non-intrusive covert surveillance can be undertaken for a specific investigation, operation or purpose. Its result is to obtain private information about a person (whether or not one specifically identified for the purposes of the investigation or operation)

Intrusive surveillance is carried out either in a residential premises or private vehicle; and involves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device.

Human intelligence source is inducing, asking or assisting a person to obtain information by means of the conduct of such a source. This is achieved by establishing a personal or other relationship with a person for the covert purpose and covertly discloses information obtained by the use of such a relationship, or as a consequence of the existence of such a relationship.

Published 01/01/2000
Authoring body: Her Majesty’s Stationery Office (HMSO)
Principles
Resource
Forensic Science Regulator Information Legal Obligations (Issue 8)

The role of the forensic science regulator is to advise the Government and the criminal justice system on quality standards in the provision of forensic science. Recommend new requirements for new and improved standards and providing advice and guidance so that providers will be able to demonstrate compliance with common standards, in procurement and in courts 


A key requirement of any standards framework in forensic science is that the output meets the requirements of the Criminal Justice System (CJS). 
 This document sets out the view of the Regulator as to the legal landscape within which forensic scientists operate within the CJS. 


There are legal obligations placed on expert witnesses as sources in the Criminal Justice System in England and Wales as Expert evidence is admissible “to furnish the court with scientific information which is likely to be outside the experience and the knowledge of a judge or jury”. This places the expert witness in a privileged position.

It is important to note that expert evidence can only be given by a person who is an expert in the relevant field. An expert witness must provide the court with objective, unbiased opinion on 
matters within his expertise 
Witnesses must act with honesty and good faith. 


Published 30/04/2020
Authoring body: Forensic Science Regulator (FSR)
Standards
Resource
National Digital and Physical Evidence Retention Guidance

This document seeks to provide clarity and national guidance on the retention of both physical and digital evidence in order to provide policing with a framework to support a comprehensive physical and digital storage strategy.

There are a vast number of legislative sources to help determine how to manage and retain evidence, further compounded by confusion around records managed under Management of Police Information (MoPI) and physical evidence principally managed under the Criminal Procedure and Investigations Act (CPIA) and Police and Criminal Evidence Act (PACE). This document seeks to provide clarity on the difference between these two distinct areas of business as well as provide more general guidance.

Published 01/02/2021
Authoring body: National Police Chiefs Council (NPCC)
Guidance
Resource
UKAS Guidance on the Application of ISO/IEC 17025 Dealing with Expressions of Opinions and Interpretations 2017

Laboratories within the UK who wish to demonstrate that they operate to a quality system, are technically competent and are able to generate technically valid results must now meet the ISO/IEC 17025 requirements. This has now become the standard that UKAS now to assess a laboratory’s competence for the purposes of accreditation.

The purpose of this document is to set down United Kingdom Accreditation Service (UKAS) policy, process and guidance on assessment and accreditation of laboratories 

The difference in this policy set out is that laboratories UKAS policy that laboratory accreditation to ISO/IEC 17025 can now include the expression of opinions and interpretation of test/calibration results in reports as it is considered to be an inherent part of testing. Whereas before this was not permitted.

The laboratory’s documented quality system must reflect whether it is expressing opinions and interpretations and if so, for which activities. The process of interpreting test/calibration results for the purpose of expressing opinions and interpretations must be documented. 

 

Published 01/01/2019
Authoring body: United Kingdom Accreditation Service (UKAS)
Policy
Resource
Joint Crown Prosecution Service (CPS) & Police Principles for Redaction

This document contains the agreed principles for redaction of information from digital (and physical) material by police for legal or security reasons. Material includes statements, documentary exhibits, audio and video recordings, digital material, and other sources of information such as crime reports. 

Effective redaction allows police and CPS to share and serve relevant information whilst complying with the Data Protection Act 2018 (DPA) and the Criminal Procedure and Investigation Act 1996 (CPIA 1996) / CPIA Code of Practice (CPIA Code) whilst protecting and safeguarding personal and sensitive data.

Published 01/08/2021
Authoring body: National Police Chiefs Council (NPCC) / Crown Prosecution Service (CPS)
Principles