1.8 Identification Flashcards
What is video identification?
When the eye witness is shown images of a known suspect along with similar images of others who resemble the suspect.
In video identification the images must be moving unless?
The ID officer and OIC officer satisfied that the appearance of the suspect has significantly changed and there’s an old image that shows the suspect has he was at the time and the I’d officer believes that this image should be shown to the witness
The ID officer does not consider that replication of a physical feature or concealment of the location of the feature can be achieved using a moving image
What is an ID parade?
When the eye witness sees the suspect in a line of others who resemble the suspect
What is group identification?
When the eyewitness sees the suspect in an informal group of people
When shall an ID procedure be held?
When an eyewitness has identified as a suspect or purported to have identified them
They have expressed an ability to identify them
There is a reasonable chance they can identify them
What is a confrontation?
Where the suspect is directly confronted by the eyewitness
When photos of the suspects were taken for the purpose of it in connection with an identification, they must be deleted unless?
Charged
Prosecuted
Cautioned
Gives informed consent
What must happen when the photos are destroyed?
The suspect must be given the opportunity to see them be destroyed or be given a certificate of destruction
How long does a suspect have to request a destruction certificate?
5 days
When can fingerprints be taken:
- arrested for recordable offence
- charged with offence
- bailed
- to determine who they are
- if the have been convicted outside of E&W
How long has the investigating officer got to request a further set of prints when the first was of a poor standard?
6 months
When is there no time limit for requesting fingerprints when the first was of a poor quality?
When someone has been convicted for a qualifying offence…. all other offences are 2 years
What are recordable offences?
Those which carry a sentence of imprisonment
What other offences class as recordable offences?
Begging and persistent begging
Loitering or soliciting for the purposes of prostitution
tampering with motor vehicles
touting for car hire services
What are qualifying offences?
These include offences with involve the use or threat of violence or unlawful force against persons
If a person requests for a certificate provided by their fingerprints have been destroyed, how long before they have to have a copy of this?
3 months
How can authorise a search and examination of a detainee?
Inspector orally or written consent
What search may not be done under 54
Intimate search
What are intimate samples?
Dental impression
Blood
Semen
Any swab taken from any orifice other than mouth
What are non intimate samples
Hair nails
Saliva
Skin impression
What’s is breached if intimate samples are taken without relevant authoritative
If the inspector has not authorised it then it’s a BREACH OF ARTICLE 3 and could be seen as COMMON ASSAULT and give rise to LIABILITY AT CIVIL LAW
Can urine and non-intermarriage samples used to test for the presence of drugs be used in the investigation of an offence?
No
How many people must be a video identification?
At least 8 others
If 2 suspects are shown in a video identification then how many other people must be shown?
12
Who supervises the showing of photos?
Sgt
How many photos is the witness shown?
12 minimum
How long can DNA and fingerprint profiles be retained? Convicted/ cautioned
Any ages- convicted/ caution for a recordable qualifying offence- INDEFINITELY
18+ - convicted/caution for a recordable offence - INDEFINITELY
Under 18- convicted/cautioned for a recordable- 5 years unless second offence then in definitely
How long can DNA and fingerprints be retained? Non convictions
Any age- charged with a recordable qualifying offence- 3 years but can be extended by 2 years
Any age- arrested for a recordable qualifying offence- 3 years but can be extended by two
Any age- arrested/charge for a recordable offence- indefinitely if the person has a previous conviction for a recordable offence
Over 18- Given a penalty notice for disorder for recordable offence- 2 years
What is an excluded offence?
A recordable offence that was committed when the individual was under 18 for which they received a sentence of less than 5 years and is the only conviction then individual has
