Identification Flashcards
2 methods of identification - PACE code D
1 - where identity of suspect is known
2 - where identity of suspect is not known
a - suspect is available and consents
b - suspect is not available, not consenting or not in the country
What if code D is breached?
Will not automatically lead to id evidence being excluded
Court will look at whether the breach is so unfair
Known suspect
A suspect is known if there is sufficient information known to police to justify the arrest of a particular person for suspected involvement in that offence.
Not known ID procedures
Street ID
Showing photographs
CCTV images - controlled and uncontrolled
E-fit images
Known ID procedures
Viper
ID parade
Group ID
Street ID
Drive around.
Getting witness to look at people in the street.
Once a witness has identified suspect they become known and no more street IDs should take place.
Must record witness description before you do drive around.
Do not direct witness attention.
Keep numerous witnesses separate.
Record circumstances of identification including ADVOCATE.
Once identified you would want to keep other witnesses away and get them to do a viper later as this is much stronger evidence.
Turnball
Visual identification of suspects can be potentially unreliable, given that an honest, but mistaken witness, can be a compelling witness.
In court if relying on visual identification the jury will be given TURNBULL direction:
o There is a need for caution to avoid the risk of injustice
o A witness who is honest and convinced in his own mind may be wrong
o A witness who is convincing may be wrong
o More than one witness may be wrong
o A witness who is able to recognise the defendant, even when the witness knows the defendant very well, may be wrong
Showing albums
Not known suspects.
Need a recorded first description beforehand.
Album of at least 12 similar images.
Show images and have to see if witness can identify any of the persons from that.
Must be supervised by a Sgt.
One witness at a time.
Once a witness IDs a suspect they become known and you can arrest and then do a viper with other witnesses.
Showing films, photographs and images
Not known suspects.
Uncontrolled - shown to public through media or social media or circulated through police caught on camera
Controlled - shown images on an individual basis
ID parades
Known suspects.
Can still do under PACE.
Can take steps to make them look similar e.g. slight make up, hair dye.
Group ID
Witnesses sees the suspect in an informal group of people.
Would select a location where similar people are likely to be e.g. shopping centre.
Witness told suspect may or may not be in the group.
Can be done with or without suspect consent.
May use if there are insufficient people on the viper database.
Viper
Known suspects.
Visual identification parade electronic recording.
Preferred method.
Witness shown moving images of the suspect and 8 other people.
Other people resemble suspect in age and general appearance.
Will look similar but not extremely similar.
All witnesses will do separately.
Must watch twice then asked if they identify anyone.
Independent identification officer will run process.
Can edit things out e.g. tattoos
Can do while in custody or if released before can be told not to change appearance and if they do the court can be told.
For historical cases police can seize old images to use in viper.
When should an identification procedure be held?
Where a dispute over identity has arisen or a dispute might reasonably be anticipated
Social media
Where person has done their own detective work on social media you want to get
Comprehensive step by step route map of how they established identity of suspect
Record of their first description if possible
This allows for evaluation of the identification
Voice identification
Can be used
But typically other supporting evidence will be needed
