1.3 Police Station - Identification Flashcards
How are witness’ records kept?
First W > D’s description > PO
PO > Record (after arrest) > D + Solicitor
What is required for identification?
1) Known D
- PO have sufficient info to justify D’s arrest for suspected offence
2) Available D
- Immediately available
- Will be available within short period + willing to participate
What if D is unknown?
PO can take W to particular neighbourhood to see if W can identify D
- Safeguards
- Keep record
- PO must not direct W to particular person
Show photos from Police National Computer to W
- 12 photos at time > Similar age, appearance, ethnicity of D
- NOT prompt/guide D
- If W makes positive identification > NO other W can be shown photos > W to attend parade
What happens if D is known and available?
If D denies being suspect > Arrest D > Formal identification ASAP
- By officer at least inspector rank
- Solicitor can attend
- NOT show photos to W
Methods
- Video identification/Parade (most fair to D > least chance of being selected)
- Group identification
- W confrontation
- NOT voice identification
UNLESS W knows and recognises D => NO need for identification
How may video identifications take place?
One D (NO consent required to participate > Otherwise D’s refusal can be used in court) - D + 8 persons (video images)
2 Ds
- +12 images
UNLESS
- NOT practicable
- Parade more practicable and suitable
- Group more suitable + Officer believes practicable to arrange
How may D’s objects be taken?
Fingerprints
- NO consent
- Reasonable force necessary
Footwear impressions
- Consent/NO consent
Non-intimate sample
- Hair
- Nail scraping
- Mouth tests
- Footprint/bodily impression
Intimate sample
- Dental/Blood/Tissue fluid/Urine/Pubic hair
- D’s written consent
- D’s refusal > Adverse inference (MC/jury)
- Police at least inspector rank > Reasonable grounds for suspecting D involved in recordable offence + sample would confirm involvement
What happens if identification evidence is obtained in breach of Code D?
D can apply for exclusion from trial (unfairness grounds)
