ID procedure

Question 1

Video identification procedure (Code D, Annex A)

Answer 1

1. Images must include the suspect and at least 8 other people who so far as possible resemble the suspect in age, general appearance and position in life
2. If there’s 2 suspects of roughly similar appearance are sjown in the same images - they must be shown together with at least 12 other people
3. Must show the suspect and other people in the same positions and same sequence of movements
4. Suspect & solicitor must be given a reasonable opportunity to see the full set of images before they are shown to any witness
5. Can raise ‘reasonable objections’ to the imagines/ any other participant - police must take steps if practicable to remove the grounds for objection
6. Police may take steps to conceal unusual features (witness can ask to see without concealment after seeing the concealed version)
7. Suspect must not be present
8. Solicitor should be given reasonable notice of time & place of the ID so they can attend
9. Only one witness can attend at a time

Question 2

Video ID - procedure and ID parade: before the witnesses see the set of images, witnesses must not be able to:

Answer 2

1. Communicate with eachother about the case;
2. See any of the images which are to be shown;
3. See/ be reminded of any photograph or description of the suspect or be given any other indication as to the suspects identity; or
4. Overhear a witness who has already seen the material
5. The police must not discuss the composition of the images and
6. must not be told whether another witness has made and iD

Question 3

ID parade (Code D annex B) - what is it and consists of what?

Answer 3

An ID parade occurs when a witness sees the suspect in a line with other persons who resemble the suspect

Will consist of at least 8 people (in addition to the suspect) who so far as possible, resemble the suspect in age, height, general appearance and position in life.

Same conditions on concealment of unusual features

Question 4

Additional warning given to witness who attends ID parade?

Answer 4

The witness must also be told they should not make any decision about whether the person they saw is on the ID parade until they have looked at each member twice.

Question 5

What if a witness asks the parade member to speak/move/adopt a particular posture? [4 points]

Answer 5

1. First they should be asked if they can identify on the basis of appearance only
2. only when police have done this then they can comply with request.
3. If a suspect is picked out after they have been asked to speak, move or adopt a particular posture = evidence will be admissible but the judge will give a v strong warning to jury to treat this with caution
4. A coloured photo/video recording of the ID parade should always be taken to help guard against later dispute

Question 6

Group Identification (code D annex C) 4 points

Answer 6

• A group ID occurs when the witness sees the suspect in an informal group of people. Group ID may take place either with the consent and cooperation of suspect or covertly if the suspect does not consent.
• Place = informal setting
• Police must select a place where: reasonably expect that the witness will see some people whose appearance is broadly similar to that of the suspect
• If a suspect refuses consent then witness can be taken to a place where suspect is likely to be - e.g. at work

Question 7

Who is responsible for the running of an ID procedure?

Answer 7

Identification officer - not below rank of INSPECTOR. No involvement of the investigation.

Investigating officer will have no involvement in the conduct of the ID procedure

Question 8

Steps to be taken by the ID officer before any ID procedure is arraged - must explain to the suspect 7 things:

Answer 8

1. The PURPOSE of the ID procedure to be used;
2. Entitlement to free legal advice
3. Procedure to be followed - including right to have a solicitor or friend present;
4. If D refuses to consent to ID procedure - this can be given as evidence in trial or police may proceed covertly/ arrange confrontation
5. If D has significatnly altered their appearance between being offered an ID procedure and time of the procedure = may be given in evidence at trial
6. If before the suspects identity became known, the witness was shown photos/ computerised or artists composite images by feds; and
7. That D or their solicitor will be provided with details of the description of the suspect as first given by any witness who are to attend the ID procedure before it takes place