2. Identification Procedures

Question 1

Video Identification Definition

Answer 1

A video identification occurs when the witness is shown moving images of a known suspect, together with similar images of others who resemble the suspect.

Question 2

Requirements for video identification in Code D

Answer 2

1. Video shows suspect and atleast 8 others who resemble them in terms of age, general appearance and position in life
2. Where 2 suspects are shown in the same images, they must be shown together with at least 12 other people
3. Images must show suspect and other people in the same positions or carrying out the same sequence of movements
4. Suspect or solicitor must be given opportunity to see the full set of images before they are shown
5. If the suspect has any unusual features (ie. scar, tattoo, or distinctive hair style or colour), which does not appear amongst the images of others, police must take steps to conceal those features on the video OR replicate those features on the images of the other people (can be done electronically)
   - Suspect is not present at the time of the identification but solicitor should be given enough notice so they may attend and monitor it to ensure due process
   - Only one witness can see the video at a time, playback may be frozen and there is no limit on the times a suspect can watch the video
   - Police must not discuss images with witness and a witness cannot be told if a previous witness has made an identification

Question 3

Is a suspect present at the time of the video identification? Can anyone from the defence be present?

Answer 3

Suspect is not present at the time of the identification but solicitor should be given enough notice so they may attend and monitor it to ensure due process

Question 4

How many witnesses can watch the video identification at once - can they pause it?

Answer 4

Only one witness can see the video at a time, playback may be frozen and there is no limit on the times a suspect can watch the video

Question 5

Can the police tell a witness if a previous witness has made an identification using video evidence?

Answer 5

NO

Question 6

Video Identification when the suspect has some unusual features: what must the police do?

Answer 6

• If the suspect has any unusual features (ie. scar, tattoo, or distinctive hair style or colour), which does not appear amongst the images of others, police must take steps to conceal those features on the video OR replicate those features on the images of the other people (can be done electronically)
  
  • If a witness wants to see the original (without concealment) they may be allowed to do so

Question 7

If the solicitor objects to a certain image before it is shown in video identification - do they have any right to request it is changed?

Answer 7

If there is a reasonable objection, police must take reasonable steps to rectify this (ie. change the image to someone else)

Question 8

Prior to being shown the set of images in video identification, the witnesses must not:

Answer 8

1. Communicate with other witnesses about the case
2. see any of the images
3. see, or be reminded of, any photograph or description of the suspect, or be given any indication as to the suspect’s identity; or
4. overhear a witness who has already seen the material

Question 9

If a witness comes forward to describe the suspect to the police, who has access to this description?

Answer 9

1. The police
2. A copy given to suspect or their solicitor (before ID procedure)

Question 10

When must an identification procedure be held

Answer 10

a. a witness has identified or claimed to have identified a suspect or
b. witness thinks they could identify the suspect / reasonable chance of this and suspect DISPUTES being the person the witness saw

Question 11

If a witness claims they can identify the suspect but the suspect disputes their involvement - is it ALWAYS necessary to hold an identification procedure?

Answer 11

1. YES except when it is not practicable or would serve no useful purpose in proving / disproving whether the suspect was involved in committing the offence
   - suspect admits being at scene of crime and their account does not contradict the witness’
   - it is not disputed that suspect is already known to the witness

Question 12

Is it legal for the police to bring a witness to the area wherein the crime was committed to test whether they can ‘pick out’ the suspect?

Answer 12

Yes - an identification procedure should be held to test reliability of this street identification if the suspect claims there has been a mistake

Question 13

Four types of identification procedure

Answer 13

a. video identification
b. identification parade
c. group identification
d. confrontation by a witness

Question 14

When should the video identification procedure be used?

Answer 14

Should always be offered, unless:
a. video identification is not practicable
b. identification parade is both practicable and more suitable than a video identification OR
c. officer in charge of investigation considers group investigation is more suitable than video ID / parade and identification officer considers it practial to arrange a group identification

Question 15

Who decides on the type of procedure which will be offered to the suspect?

Answer 15

Investigating officer in conjunction with identification officer

Question 16

Can a witness validly identify a suspect from a photograph?

Answer 16

1. The police can show the witness photos of individuals with previous convictions but for this to be valid identification there are requirements:
   a. witness’ description of suspect must be recorded before this
   b. witness must be shown at least 12 photographs at a time
   c. As soon as the witness IDs someone, no other witness should be shown the photos
   d. the witness who identified and others should take part in an identification procedure

Question 17

If a witness identifies a suspect from police photos, and subsequently goes into an identification procedure - what notification requirements do the police have?

Answer 17

The suspect or his solicitor must be notified if a witness attending an identification procedure has previously been shown photographs, or a computerised or artist’s composite (Code D,
Annex E, para 9).

Question 18

Can a witness (who has identified a suspect through a police photo) raise this at trial?

Answer 18

No, they cannot reference that the police showed them the photographs / photographs were used

Question 19

Identification Parades: Definition

Answer 19

The witness sees the suspect in a line of other persons who resemble the suspect

Question 20

Requirements for a valid identification parade

Answer 20

1. at least 8 people (+suspect)
2. who resemble suspect in age, height, general appearance, and position in life
3. if suspect has unusual features these should be concealed if they cannot be replicated

Question 21

Responsibilities of police when supervising an identification parade: monitoring witnesses

Answer 21

Must ensure witnesses (before attending the parade) cannot:

(a) communicate with each other about the case, or overhear a witness who has already seen the identification parade;

(b) see any member of the identification parade;

(c) see, or be reminded of, any photograph or description of the suspect, or be given any
other indication as to the suspect’s identity; or

(d) see the suspect before or after the identification parade.

Question 22

Identification Parades: Does the suspect have any say about their position in the line?

Answer 22

Yes, they can choose where they go but they cannot shuffle other participants around

Question 23

Identification Parade: Can a witness requests that a participant speaks / does an action?

Answer 23

Yes, but they will first be asked whether they can identify on appearance only

Question 24

What safeguards should the police have in place to defend claims that the identification parade was not conducted with due diligence?

Answer 24

Picture of the parade to show likeness between participants

Question 25

Group Identification: What does this consist of?

Answer 25

A group identification occurs when the witness sees the suspect in an informal group of
people. Group identifications may take place either with the consent and cooperation of the
suspect, or covertly if the suspect does not consent

Question 26

Where will a group identification be held?

Answer 26

In a public place with lots of passersby
- police must expect others with similar description to suspect will be there

Question 27

When would group identification be held covertly - how would this change its process?

Answer 27

1. If suspect does not consent to partake
2. must be held at a place the suspect frequents (ie. outside place of work)

Question 28

Confrontation

Answer 28

The witness is brought face-to-face with a suspect in the police station (rare / last resort)

Question 29

When will confrontations occur generally?

Answer 29

They are quite rare, generally only used if the suspect refuses to consent to any other kind of identification procedure

Question 30

Who is responsible for running ID procedure?

Answer 30

Identification officer (officer not below rank inspector) not involved in investigation

Question 31

Is the investigating officer involved in any identification procedures

Answer 31

NO

Question 32

What must the identification officer explain to the suspect prior to an identification procedure:

Answer 32

(a) the purpose of the identification procedure to be used;
(b) the suspect’s entitlement to free legal advice;
(c) the procedure to be followed, including the suspect’s right to have a solicitor or friend
present;
(d) that if the suspect refuses to consent to the identification procedure taking place, such
refusal may be given in evidence at trial, or the police may proceed covertly without
the suspect’s consent (ie by holding a covert video or group identification), or make other arrangements to test whether a witness can identify the suspect (ie by arranging a
confrontation);
(e) that if the suspect has significantly altered their appearance between being offered an
identification procedure and the time of the procedure, this may be given in evidence at
trial and the identification officer may consider other forms of identification;
(f) whether, before the suspect’s identity became known, the witness was shown
photographs, or a computerised or artist’s composite likeness or image by the police; and
(g) that the suspect or their solicitor will be provided with details of the description of the
suspect as first given by any witnesses who are to attend the identification procedure
before the procedure takes place (Code D, para 3.17).