Identification Flashcards

Question 1

Q

Who Will Give
Consent?

Answer

A

Adults aged 18 or over - the suspect

Turned 14 but still under 18 - both the suspect and their parent or guardian

Under 14 - parent or guardian only

Question 2

Q

Identification
Procedures
Code D PACE 1984

Three Categories Of
Identification

Answer

A

Part A
Eye-witness
identification.

Part B
Recognition
by controlled showing
of
films, photographs and images
to non-eyewitnesses.

Part C
Recognition
by uncontrolled viewing
of
films, photographs and images
by non-eyewitnesses.

Question 3

Q

When Will The Eye-
Witness Identification
Procedures Apply?
Code D Paragraph 3.1
2 situations

Answer

A

Situation 1
When an eye-witness
has seen
a person
committing a crime.

Situation 2
Any other circumstances
which tend to prove or disprove
the involvement
of the person they saw in a crime.
e.g. close to the scene of a crime
either immediately before or immediately after
it was committed.

Question 4

Q

What Is The Purpose
Of An Eye-Witness
Identification
Procedure?
Code D Paragraph 3.0

Answer

A

The eye-witness identification procedures
test the ability of the eye-witness
to identify the person
suspected of involvement in the offence
as the person they saw
on the previous occasion.

Question 5

Q

Preliminary Action:
Obtaining A First
Description From
The Eye-Witnesses
Code D Paragraph 3.1

The Obligation To
Make A Record Of
The Eye-witness’
First Description

Answer

A

A record
shall be made
of the first description
of the suspect
given by
the eye-witness.

Question 6

Q

The Format Of The
Record Of The First
Description?

Answer

A

The record must be:
* Made; and
* Kept
in a form which enables details of the description to
be accurately produced from it.

..that is both:
* Visible; and
* Legible
which can be given to:
* The suspect; or
* The suspect’s solicitor.

Question 7

Q

At What Juncture Must
The First Description
Be Obtained?
Depends on which of the 3 procedures
adopted.

Prior To Taking An Eye-
Witness On A Locality
Search For An
Unknown Suspect
Code D Paragraph 3.2 Code
Procedure 1

Answer

A

Where it is practicable to do so..
.a record should be made
of the first description
provided by a witness
of the suspect…
before the witness takes part
in the identification procedure.

Question 8

Q

Prior To Showing An
Eye-Witness
Photographs In
Relation To An
Unknown Suspect
Code D Paragraph 3.1
Procedure 2

Answer

A

A record must be made
of the first description
provided by a
witness of the suspect…
.before the witness takes part
in the identification procedure.

Question 9

Q

Prior To An Eye-Witness
Engaging In A Known
Suspect Identification
Procedure
Code D Paragraph 3.1
Procedure 3

Answer

A

A record must be made
of the first description
provided by a
witness of the suspect…
.before the witness takes part
in the identification procedure.

Question 10

Q

Supplying A Copy Of
The First Description
To The Suspect Or
Their Solicitor
Code D Paragraph 3.1

Answer

A

A copy of the record shall, where
practicable, be given to:
*The suspect; or
*Their solicitor
before engaging in a known suspect
identification procedure.

Question 11

Q

Definition Of Known
and Unknown Suspects
Code D Paragraph 3. IA

Answer

A

Known Suspect
Where there is sufficient
information known
to the police
to establish that there are
reasonable grounds
to suspect
a particular person
of involvement in an
offence.

Unknown Suspect
Where there is insufficient
information known
to the police
to establish that there are
reasonable grounds
to suspect
a particular person
of involvement in an
offence.

Question 12

Q

Why Is It Important To
Recognise The
Transition From
Unknown Suspect To
Known Suspect Status?

Answer

A

The rules for identification differ depending
on whether the suspect is either:
*Known; or
*Not Known.

Question 13

Q

Eye-Witness
Identification
Procedures For
Unknown Suspects
Code D Paragraph 3.2
2 options

Answer

A

Option 1
A location search
in a particular
neighbourhood
or place.

Option 2
The
showing
of images.

Question 14

Q

Option 1 — Location Search
Taking Eye-Witnesses To A
Particular Neighbourhood Or
Place To Look For An
Unknown Suspect
Code D Paragraph 3.2

What Is A Location
Search?

Answer

A

When the suspect’s identity is unknown
eye-witness may be taken to a particular:
* Place; or
* Neighbourhood
an
.to see whether they can identify the person
they saw on the previous occasion.

Question 15

Q

Is The Obtaining Of
Separate First
Descriptions From Eye-
Witnesses Mandatory
Prior To Conducting
The Location Search?

Answer

A

No
only where it is
practicable
to do so.

Question 16

Q

Can Multiple Eye-
Witnesses By Taken
Together To The
Location To Jointly
Conduct The Search?

Answer

A

Where there is more than I eye-witness:
* Every effort should be taken to keep the eye-
witnesses separate; and
*The eye-witnesses should be taken to the
location to see whether they can make an
identification independently.

Question 17

Q

Can An Eye-Witness Be
Provided With
Information Concerning
The Description Of The
Unknown Suspect?

Question 18

Q

Can An Officer Draw
An Eye-Witness’
Attention Generally?

Answer

A

Yes — an eye-witness can be asked to:
* Look carefully at the people around;
* Look towards a group; and
* Look in a particular direction..

.if it necessary to either:
* Ensure that the witness does not overlook a
suspect because they were looking in the
opposite direction; or
* Enable the eye-witness to compare the suspect
and others in the area.

Question 19

Q

Can An Officer Draw An
Eye-witness’ Attention
To A Specific
Individual?

Answer

A

Care must be taken not to
draw the eye-witness’ attention
to any individual..
unless in all the circumstances
this cannot be avoided.

Question 20

Q

Action To Be Taken
Once An Eye-Witness
Makes A Positive
Identification?

Answer

A

Once there is
sufficient information
to establish that the
suspect is known
— e.g. once an eye-witness makes a positive
identification..

Consequence 1
The suspect
shifts in status
to that of a
known suspect.

Consequence 2
From that point forward — the
known suspect identification
procedures shall apply to:
*The eye-witness who made the
positive identification; and
*Any other eye-witness.

Question 21

Q

Same Rules Apply To
Police Officers Who
Are Eye-Witnesses
R v Nunes [2001] EWCA Crim 2283

Post Identification
Recording
Obligations

Who Shall Make The
Record?

Answer

A

The:
* Officer; or
* Police staff
…accompanying the eye-witness - must record
in their report book — the action taken ASAP.

Question 22

Q

The Content Of The
Record?

Answer

A

Content 1
The:
* Date;
* Time; and
* Location
.the eye-witness previously saw the suspect.

Content 2
Details of the subsequent identification including:
* Where it was made,
* How it was made,
* The quality of the conditions at the time of identification;
* Whether the eye-witness’ attention was drawn to the
suspect — and if so, the reasons for this; and
* Anything said by the eye-witness or suspect in relation to the
identification or conduct of the procedure

Question 23

Q

Option 2
Procedure For Showing
Photographs Of Unknown
Suspects To Eye-
Witnesses
Code D Annex E, Paragraphs 1-10

Who Will Supervise &
Direct The Showing
Of Photographs?
Paragraph I

Answer

A

An officer of the rank of Sergeant or above — shall
be responsible for:
*Supervising; and
* Directing
.the showing of photographs - (i.e. the
Supervising Officer).

but the actual showing may be done by either:
* Another officer; or
* Police staff.

Question 24

Q

Ensuring The
Showing Of
Photographs Is Not
Compromised
Paragraphs 2 - 5

Answer

A

The Supervising Officer
must ensure
that the identification
is not compromised
— by carrying out the following checks…

Action 1
The viewing of photographs
is postponed until
the first description
has been recorded
by the eye-witness.

It is the responsibility
of the
office in charge of the investigation
to confirm
to the supervising officer
that the first description provided by the
eye-witness(es) has been recorded
before the images are shown.

Action 2
Only one
eyewitness
is shown photographs
at a time
- in as much privacy as practicable.

Action 3
Eye-witnesses
are unable
to communicate
with each other.

Action 4
Eye-witnesses
shall be shown
not less than 12 photographs
at a time.
NB — there is no reference
to the number of times
the images must be shown.

Action 5
All photographs
shown are,
as far as possible,
of a similar type.

Action 6
The eye-witness(es) must be told that:
*The photograph of the person they saw on the
specified earlier occasion may, or may not, be
present; and
* If they cannot make a positive identification -
they must say so.

Action 7
The eye-witness(es)
should be told
that they should not
make a decision
until they have
viewed at least 12 photographs.

Action 8
The eye-witness(es)
must not be
prompted or guided
in any way
— they must be left to make their
own selection
without help.

Question 25

Q

Consequences Of A
Witness Making A
Positive Identification?
Paragraph 6

Answer

A

Once an eye-witness
makes a positive identification
from photographs
-the suspect becomes
a known suspect
at this point.

and unless the person identified is either:
* Otherwise eliminated from enquiries; or
* Unavailable
…then any other eye-witness shall not be
shown the photographs…

and both.
* The eye-witness who positively identified the
suspect from the photographs; and
* The other eye-witnesses - who were prevented
from being shown the photographs (after the
positive identification was made)
shall be asked to attend a known suspect
identification procedure…

…in the form of either:
*A video identification;
*An identification parade; or
*A group identification
unless there is no dispute about the suspect’s
identification.

Question 26

Q

Action To Be Taken If
An Eye-Witness Makes
A Selection But Is
Unable To Confirm The
Identification?
Paragraph 7

Answer

A

If an eye-witness makes a selection..
-but is unable to confirm the identification..
..the person showing the photographs
shall ask how sure they are
that the photograph selected
was of the person they saw previously.

Question 27

Q

Action To Be Taken
Following The Showing
Of Photographs?
Paragraph 10

Answer

A

Irrespective of whether a positive identification
is made - the photographs used
*Shall be numbered; and
* Shall not be destroyed
and a separate photograph shall be made of
the frame or part of the album from which a
positive identification was made.

Question 28

Q

Dealing With
Computerised Or
Artists Composites
Paragraph 8

Answer

A

When the use of a:
* Computerised composite;
* Artist’s composite; or
* Similar likeness
has led to there being a known suspect, who
can be asked to participate in a known suspect
procedure.

…in the form of either:
*A video identification;
*An identification parade; or
*A group identification
.that likeness shall not be shown to other eye-
witnesses.

If an eye-witness, attending a known suspect
identification procedure in the form of either:
*A video identification,
*An identification parade; or
*A group identification…

has previously been shown either:
* Photographs;
* Computerised composite;
* Artist’s composite; or
* Similar likeness…

…then both:
*The suspect; and
*Their solicitor
must be informed of this fact before the
known suspect identification pFöG@Cure takes
place.

Question 29

Q

Who Bears The Burden
Of Making The
Identification Officer
Aware Of The Fact
That Such Images Have
Previously Been Shown
To An Eye-witness?

Answer

A

The
officer in charge
of the investigation.

Question 30

Q

Recording The
Photograph
Procedure
Paragraphs 11-12

Answer

A

Irrespective
of whether or not
there is a
positive identification
-a record shall be kept
of the showing of photographs
on forms provided.

Question 31

Q

Contents Of The
Record?
3 facts

Answer

A

Fact 1
The
name and rank
of the
Supervising Officer.

Fact 2
Anything said by the eyewitness about:
*The identification; or
*The conduct of the procedure.

Fact 3
Any reasons
why it was
not practicable to comply
with the procedures.

Question 32

Q

Duties Of The
Supervising Officer
In Respect Of The
Record?

Answer

A

The Supervising Officer must, as soon as
practicable - both:
*Inspect the record; and
*Sign the record.

Question 33

Q

Reference TO The
Use Of The Images
Used At Trial

Answer

A

A jury
should not have brought to their attention
the fact that the image of the suspect
used in the procedure
was already held by the police
— unless the jury are already aware
that the suspect
had previous convictions.
R v Lamb [1980] 71 Cr App R 198

Question 34

Q

Eye-Witness
Identification
Procedures For
Known Suspects

Who Will Be
Responsible For Known
Suspect Identification
Procedures?

Answer

A

The Identification Officer shall be responsible
for all of the:
* Arrangements for;
* Conduct of; and
* Circumstances of
known suspect identification procedures.

Question 35

Q

Who May Perform The
Role Of Identification
Officer?
Code D Paragraphs 3.11 & 3.19

Answer

A

An
Inspector or above
not involved
in the investigation.

Question 36

Q

Delegation Of
Conduct By The
Identification Officer
Code D Paragraph 3.11

Answer

A

The Identification Officer may allow:
* Another officer; or
* Police staff
unconnected to the investigation
— to:
* Make arrangements for; and
* Conduct
..known suspect identification procedures. ..

provided the Identification Officer is still able to:
* Supervise effectively;
* Effectively intervene; and
* Be contacted for advice…

.and in the event of delegation of functions:
* The outcome shall be reported ASAP to the
Identification Officer;
* The Identification Officer retains overall
responsibility for ensuring that the known suspect
identification procedure complies with Code D; and
* The Identification Officer retains overall
responsibility for the detainee’s care and treatment -
until they are returned to the Custody Officer.

Question 37

Q

Action To Be Taken In
Respect Of A Known
Suspect Who Is
Available?
Code C Paragraph 3.4

Answer

A

If both:
*The identity of the suspect is known - (i.e. they
are a known suspect); and
*The suspect is available
.then either of 3 known suspect identification
procedures may be used.

Option 1 — Code D Annex A
Video
identification.

Option 2 — Code D Annex B
Identification
parade.

Option 3 — Code D Annex C
Group
Identification.

Question 38

Q

Definition Of An
Available Suspect?
Code D Paragraph 3. IA
3 steps

Answer

A

Step 1
A suspect will be available - if they are either:
* Immediately available; or
*Will be available within a reasonably short
period of time..

Step 2
.in order that they can be invited to take part in
at least one of the known suspect eye-witness
identification procedures — in the form of either
a:
* Video identification;
* Identification parade; or
* Group identification..

Step 3
and it is practicable to arrange an effective
known suspect eyewitness identification
procedure — in the form of either a:
* Video identification;
* Identification parade; or
* Group identification.

Question 39

Q

In What Circumstances
May The Know Suspect
Procedure In The Form
Of A Confrontation Be
Utilised?
Code D Paragraph 3.23

Answer

A

Confrontation
may only be utilised as a
known suspect
eye-witness identification procedure
as a last resort
when the suspect
has become unavailable
— (i.e. is refusing to co-operate)

Question 40

Q

When Must An
Identification
Procedure For Known
Suspects Take Place?
Code D Paragraph 3.12

Answer

A

If before any of the following known suspect
identification procedures ave been held
* Video identification;
* Identification parade; or
* Group identification
.there is an eye-witness that falls into any of the 3
following categories.

Eye-witness Category 1
An eye-witness has either:
*Identified a suspect; or
*Purported to have identified a suspect

Eye-witness Category 2
There is an eye-witness
available
who expresses an ability
to identify
the suspect

Eye-witness Category 3
There is a
reasonable chance
of an eye-witness
being able to identify
a suspect

..and the eye-witness has not yet been given
the opportunity to identify the suspect in any
of the following known suspect identification
procedures:
*Video identification;
* Identification parade; or
*Group identification…

.then a
known suspect
identification procedure
shall be held
— if the suspect disputes
being the person the eye-witness
claims to have seen
on a previous occasion…

. unless
either of
2 exceptions
apply.

Exception 1
It is not
practicable
to hold a
known suspect
identification procedure.

Exception 2
Conducting a
known suspect
identification procedure
would serve no useful purpose
in proving or disproving
whether the suspect
was involved in committing the offence.

Question 41

Q

The Operation Of
The Rule Put Simply

Answer

A

General Rule
A known suspect identification procedure must take
place where both.
* There is an eye-witness available who falls into any of
the 3 categories; and
* The suspect disputes being the person that the eye-
witness claims to have seen on the previous occasion.

Exceptions
unless a known suspect identification procedure
would either:
* Not be practicable; or
* Serve no useful purpose in proving the suspect
committed the offence.

Key To The Operation Of The
Exceptions
Ask yourself
— would a failure to hold a
known suspect identification procedure
pose a genuine risk of prejudice to the suspect?
If the answer is yes - you should go ahead!

Question 42

Q

The Obligation To
Record The Reason
For An Exception

Answer

A

The reason
for any decision
not to proceed
with a known suspect
identification procedure
must be recorded…
as if a legitimate exception does not apply
- the case may be lost at trial.

Question 43

Q

Action To Be Taken In
The Event Of The
Suspect Disputing The
Eye-Witness
Identification?
R v Forbes [2001) 2 WLR 1

Answer

A

The mandatory obligation to hold an identification
procedure for known suspects Will apply whenever:
* There is sufficient evidence to justify an arrest — i.e. the
suspect is known;
* The eye-witnesses identification is disputed by the
suspect; and
* Neither of the exceptions apply.

Question 44

Q

Is It Necessary To
Proceed If The Suspect
Disputes Their Presence,
But There Is Other
Unequivocal Evidence
Linking Them To The
Scene?
R v Forbes [2001] 2 WLR 1

Answer

A

Yes
In the event of the suspect disputing - the mandatory
obligation to proceed applies - even where there has already
been a:
* Fully satisfactory;
* Actual and complete; or
* Unequivocal
.identification of the suspect.

Question 45

Q

Will A Suspect’s Failure
To Request A Known
Suspect Identification
Procedure Render It
Unnecessary?
R v Graham (1994) Crim LR 212

Question 46

Q

Need There Always Have
Been A Dispute By The
Suspect Before The
Obligation To Conduct An
Identification Procedure
Arises?
R v Rutherford [1993] 89 Cr App R 191

Answer

A

2 Circumstances

A dispute by the suspect has
already arisen.
A dispute by the suspect might
reasonably be anticipated.

Question 47

Q

Examples Of Situations
Where It Will Not Be
Practicable To Conduct
An Identification
Procedure
2 situations

Answer

A

Situation 1
Situations where it is
not possible
to find persons
of a comparable likeness
to the suspect.

To What Extent Should
Steps Be Taken To Find
Persons Of A
Comparable Likeness?

Reasonable steps
must be taken to find persons
of a comparable likeness
before deciding whether to
proceed with an alternative form
of known suspect procedure
or to dispense with
a known suspect procedure entirely.

An offer by a solicitor
to find volunteers
of a comparable likeness
should be accepted
- as it is a reasonable step
R v Britton & Richards [1989] Crim LR 144

Situation 2
A witness
becomes
unavailable.
e.g. the sole witness dies.

Question 48

Q

Examples Of Situations
Where The Carrying
Out Of An Identification
Procedure Will Serve
No Useful Purpose

Answer

A

Situation 1
The suspect:
*Admits being at the scene of the crime; and
*Gives an account of what took place which
does not contradict the eye-witness’
account.

If, however, the suspect:
* Acknowledges their presence at the scene;
* But denies being the person the eye-witness
observed participating in the crime
.then a known suspect identification procedures will
serve a useful purpose and should go ahead - as a
contradiction will have arisen.
R v Chen [20011 EWCA Crim 885

Situation 2
The suspect
is already
known personally
to the eye-witness
— i.e. it is a recognition case.

Question 49

Q

What Test Will Be
Adopted In Respect Of
Recognition Cases?

Answer

A

It is a question of fact
to determine whether
personal knowledge
will render the
known suspect identification procedure
useless.
R v Ridley [1999] The Times, 13th October

The better the eye-witness
personally knows the suspect,
the more likely that conducting the
known suspect identification procedure
will serve no useful purpose
H v DPP [20031 24th January 2003 &
R v Conway [19901 91 Cr App R 143

Question 50

Q

What Will Be The
Impact Of The Eye-
Witness Not Having
Seen The Suspect They
Claim To Recognise For
Many Years Prior To
Witnessing Them
Commit Offence?

Answer

A

A witness claimed to recognise the suspect
based upon the fact that they
went to school together many years ago.
Due to the change in appearance over
time, it will still be necessary to engage in a
known suspect identification procedure.
R v Harris (2002) EWCACrim 174

Question 51

Q

Can A Recognition
Arise Despite The Fact
That The Eye-Witness
Does Not Know The
Suspect By Name?

Answer

A

Yes
If an eye-witness onlv
knows the suspect by face
and does not personally know their name
at the time of the offence
— it will still constitute recognition case
if they are later informed
of the suspect’s name by friends.
R v C; R v B [2003] EWCACrim 718

Question 52

Q

What Action Should Be
Taken Where An Eye-
Witness Claims To
Recognise A Suspect —
But The Suspect
Disputes Personal
Knowledge?

Answer

A

If the suspect
disputes being known personally
by the eye-witness
— then a known suspect procedure
should still go ahead.
R v Harris [2003] EWCA Crim 174

Question 53

Q

Situation 3

Answer

A

The eye-witness
merely identifies
clothing or approximate ages
as opposed to the suspect’s
physical characteristics.
D v DPP (1998) The Times 7th August
& R v Haynes [2004] The Times, 27th February

Question 54

Q

When May A Known
Suspect Identification
Procedure Take Place?
Code D Paragraph 3.13

Answer

A

A known suspect eye-witness
identification procedure
may also be held (discretionary power)
-if the Officer In Charge
Of The Investigation,
after consultation
with the Identification Officer,
considers it would be useful.

Question 55

Q

The Timing Of The
Identification
Procedure?
Code D Paragraph 3.11

Answer

A

The
identification procedure
must be conducted
as soon as is practicable.

Question 56

Q

Selecting The Method
Of Identification For
Available Known
Suspects
Code D Paragraph 3.14
3 options

Answer

A

Option 1 — Code D Annex A
Video
identification.

Option 2 — Code D Annex B
Identification
parade.

Option 3 — Code D Annex C
Group
Identification.

Question 57

Q

Personnel Involved In
The Selection
Process?

Answer

A

The following persons must consult to
determine which procedure is to be
offered:
*Identification Officer; and
*Officer In Charge Of The Investigation.

Question 58

Q

The Pecking Order
For Known Suspects
Who Are Available?
Code D Paragraph 3.14 & 3.16

Answer

A

There is a presumption
that a known suspect
who is available
-shall initially
be invited to participate
a video identification…
.unless either..

Exception 1
video identification
is
not practicable.

Exception 2
An identification parade is both:
*Practicable; and
*More suitable than a video identification.

A video identification
will be more suitable
if it can be arranged and completed
sooner
than an identification parade.

Exception 3
Both:
* The Officer In Charge Of The Investiaation considers a
group identification to be more suitable than either:
* Video identification; or
* An identification parade; and
* The Identification Officer considers it practicable to
arrange.

Question 59

Q

Action To Be Taken
Before An Option
Selected Is Offered
To The Suspect?
Code D Paragraph 3.14

Answer

A

Before
the option selected
is offered
to the suspect…
.they must be reminded
of their entitlement to free legal advice.

Question 60

Q

Recording The Reasons
For Departing From The
Default Option Of
Offering A Video
Identification
Code D Paragraph 3.26

Answer

A

If the Identification Officer considers a
video identification or an identification
parade to be impractical - their reasons
shall be both:
*Recorded on the custody record; and
*Explained to the suspect.

Question 61

Q

Notification
Requirements Prior To
Conducting The
Procedure - Providing
The Suspect With An Oral
Explanation Of The
Procedure
Code D Paragraph 3.17

Answer

A

Prior to the
known suspect
eye-witness identification procedure
taking place
-the following shall be
explained orally to the suspect.

Fact 1
The
purpose
of the procedure.

Fact 2
Their
entitlement
to
free legal advice.

Fact 3
The procedures
for holding it.

Fact 4
The right to have a
solicitor or friend
present
(subject to the exception in
Annex A Paragraph 9)

Fact 5
That they do not have to consent to or co-operate with any
known suspect procedure - but if they refuse:
* Their refusal may be given in evidence at trial;
* The police may proceed covertly without their consent;
* Other forms of eye-witness identification may be chosen.

Fact 6
If a video identification is adopted*
*Whether pre-emptive covert images of them
have already been obtained; and
* If so — that they may co-operate in providing
further suitable images instead.

Fact 7
If appropriate - the special arrangements (i.e.
appropriate adults) for:
*Juveniles; or
* Mentally disordered or mentally vulnerable
persons.

Fact 8
If they have significantly altered their
appearance since being offered the procedure:
*This fact may be given in evidence at trial; and
*The investigating officer may consider an
alternative procedure.

Fact 9
Moving pictures
or
photographs
may be taken during
any known suspect
identification procedure.

Fact 10
Whether before the suspect
became known,
the witness was shown
photographs, a computerised or artist’s
composite likeness
or similar likeness or image
by the police.

If so,
the officer in charge of the investigation
must make
the Identification Officer aware
that this has happened.
Note 3B

Fact 11
That if they
change their appearance
prior to an identification parade,
it may not be practicable to arrange the parade
on that day or subsequently
and the Identification Officer
may consider an alternative method
of eye-witness identification.

Fact 12
That they or their solicitor
will be provided with details
of the description of the suspect
as first given by any witnesses
who are to take part
in the known suspect
identification procedure.

Question 62

Q

Providing The
Suspect With A
Written Notice Of
The Procedure
Code D Paragraph 3.18
5 steps

Answer

A

Step 1
The information
must also be recorded
in a written notice.

step 2
The
written notice
must be handed
to the suspect.

Step 3
The suspect
must have a
reasonable opportunity
to read
the written notice.

Step 4
The suspect
should be asked
to sign
a copy of the notice
to confirm whether
they consent to the procedure.

Question 63

Q

Circumstances In
Which The Notification
Procedure Can Be
Delegated?
Code D Paragraph 3.19

Answer

A

If either of 2 circumstances apply - the.
* Oral notice; and
* Written notice
procedures for a detained suspect.

may be performed by either:
*The Custody Officer; or
* Either:
* Another officer; or
* Police staff
.not involved in the investigation
directed by the Custody Officer…

Circumstance 1
It is proposed
to release the suspect
in order that an identification procedure
can be arranged and carried out…
and an Inspector is not available
to act as the Identification Officer
before the suspect leaves the police station

Circumstance 2
It is proposed
to keep the suspect in police detention
whilst the procedure
is arranged and carried out…
and waiting for an Inspector to act
would cause an unreasonable delay
to the investigation.

Question 64

Q

Action To Be Taken
By The Person Who
Performs The
Delegated Function?

Answer

A

The officer who performs the delegated
function - shall both
* Inform the Identification Officer of the action
taken; and
* Give the Identification Officer the signed copy
of the notice.

Answer 63

A

If both.
*The Identification Officer; and
*The Officer In Charge of the Investigation
..have reasonable grounds to suspect - that if
the suspect is provided with the notification, they
will take steps to avoid being seen by a witness
in any identification procedure…

.the Identification Officer
may arrange for
images of the suspect
suitable for use in a video identification
(still or moving)
to be obtained
prior to issuing the notice.

Answer 64

A

Either moving or still
images
may be obtained covertly,
if necessary.
e.g. images from custody,
from CCTV systems,
or from visually recorded interview records.

Answer 65

A

The suspect
may
(after been issued with the notice)
co-operate
in providing new images,
which if suitable,
would be used for a
video identification instead.

Answer 66

A

The suspect may obtain advice before
exercising their decision from any:
*Legal representative present; or
*Appropriate adult present.

Answer 67

A

In the event of a suspect
refusing
an identification procedure
initially offered
— 3 steps
shall be followed…

Step 1
They shall be asked for their reasons for refusing
— and they may get advice from:
*Their solicitor; and / or
* Their appropriate adult (if present).

Step 2
Representations can be made as to why an
alternative should be used by:
*The suspect;
*Their solicitor; and / or
*Their appropriate adult (if present).

Step 3
A record will be made of:
*Any reasons for refusal; and
*Any representations made about why an
alternative procedure should be used.

Answer 68

A

After considering any:
*Reasons given; and
*Representations made
the Identification Officer shall - if
appropriate — exercise either of 2 options..

Option 1
Offer An Alternative Method
Offer the suspect
an alternative
known suspect procedure
-which they consider to be
suitable and practicable
to arrange.

Option 2
Stick To The Original Method Offered
If the officer decides that it is not
suitable and practicable
to invite the suspect to take part in an alternative
known suspect procedure
- they may stick with the original method offered
and
the reason for their decision will be recorded.

Answer 69

A

The opposite
of an
available suspect
i.e. the suspect is refusing to consent to
engage with known suspect
identification procedures.

Answer 70

A

A juvenile suspect will be deemed to be
unavailable where either:
*The consent of their parent or guardian is
refused; or
*Reasonable efforts to obtain the consent
of their parent or guardian have failed.

Answer 71

A

Where a known suspect either:
* Is not available; or
* Has ceased to be available
.the Identification Officer may exercise the
following options..

Option 1
Arrange a video identification
using either moving or still images
-which may be obtained covertly
if necessary
NB — any covert activity should be
strictly limited to that which is necessary.

Option 2
Alternatively arrange a
group identification
without
the suspect’s
consent.

Option 3
Where neither
of the aforementioned options
are practicable
-arrange for a confrontation
without the suspect’s
consent.

Answer 72

A

A confrontation should only be arranged when
both:
*The suspect has become unavailable; and
* None of the other known suspect procedures
are practicable to arrange.

Answer 73

A

Consequence 1
It will be possible to
proceed with the
known suspect procedures
covertly
without the
suspect’s consent.

Consequence 2
It will be unnecessary
to provide the suspect
with information
or the opportunity to vet images for suitability
before they are shown to witnesses
in a non-consensual
video identification procedure.

Consequence 3
The suspect’s
refusal
may be given in evidence
in any subsequent trial
— leading to an
adverse inference.

Answer 74

A

The arrangements for:
*Obtaining; and
*Ensuring the availability
.of a suitable set of images is the
responsibility of the Identification Officer.

Answer 75

A

The set of images must include:
the suspect
and
at least 8
other people
(in addition to the suspect). ..

who so far as possible,
resemble
the suspect’s:
*Age;
*General appearance; and
*Position in life.

Answer 76

A

General Rule
only 1
suspect
will appear
in any set of images…

Exception
unless there are 2
suspects
of roughly similar appearance.
If so both suspects
may be shown together
with at least 12
other people.

Answer 77

A

If the suspect has
an unusual physical feature
(e.g. facial scar, tattoo,
distinctive hairstyle or hair colour etc)
that does not appear
on the images of the other people
that are available to be used
- steps may be taken to either.

Option 1
Conceal
the location of the feature
on the image of the suspect
and
the images of the other people.

Option 2
Replicate
the feature
on the images
of the other people.

Answer 78

A

The Identification Officer has the discretion to
choose both:
* Whether to conceal or replicate the feature;
and
*The method to be used (i.e. electronically or via
other means)
.and the reason for the decision and the
concealment or replication shall be recorded.

Answer 79

A

If the eye-witness
requests to view any image where
an unusual physical feature
has been concealed or replicated
- without the feature being
concealed or replicated..
.the Identification Officer
has the discretion to allow
the eye-witness to view such image(s)
if they are available.

Answer 80

A

The images used to conduct the video
identification shall as far as possible, show the
suspect and the other people:
* In the same position; and
*Carrying out the same sequence of
movements.

Answer 81

A

General Rule
The suspect
and
the other people
shall be in
identical conditions…

Exception
unless the Identification Officer (recording their
reasons) reasonably believes that:
* Because of the suspect’s failure or refusal to co-
operate or other reasons - it is not practicable for the
conditions to be identical; and
* Any difference in the conditions would not alert an
eye-witness’ attention to any individual image.

Answer 82

A

If a prison inmate is shown (either as a
suspect or not) — then either:
*All; or
*None
of the persons shown should be in prison
clothing.

Answer 83

A

If a police officer is shown
-any numerals
or
identification badges
must
be concealed.

Answer 84

A

General Rule
Moving images
shall be used.

Exception
Still images
can be used
if either of
2 exceptions
apply.

Answer 85

A

Step 1
The Identification Officer,
in consultation with the OIC,
is satisfied that because of aging,
or other physical changes or differences,
the appearance of the suspect
has significantly changed
since the previous occasion
when the eye-witness
claims to have seen the suspect.

step 2
A historic
moving or still image
is available
which the Identification Officer and OIC
reasonably believes
shows the suspect
at the time they were seen
by the eyewitness.

Step 3
Having regard to the
extent of change and
the purpose of eye-witness
identification procedures,
the Identification Officer believes
that that such an image
should be shown to the eye-witness.

Step 4
If steps 1 —3
are satisfied.
.then the historic
moving or still image
can be selected.

Step 5
The suspect
shall in their Notice
be provided with the
opportunity to supply
their own historic image.

Step 6
The Identification Officer
and the OIC
will decide
whether to proceed
with their own historic image
or
the one supplied by the suspect.

Answer 86

A

If the Identification Officer considers that either:
* Replication of a distinguishing physical
feature; or
*Concealment of the location of a feature
..cannot be achieved using a moving image — a
still image can be used instead to achieve either
replication or concealment

Answer 87

A

Each person shown
must be
identified
by number.

Answer 88

A

Before the images are shown to any eye-
witness *
* The suspect;
* Their solicitor;
*Their friend; and
* Any appropriate adult
must be given a reasonable opportunity to
view the complete set of images.

Answer 89

A

If there is a reasonable objection raised by the
suspect to either:
*The set of images; or
*Any of the participants
.the suspect shall be asked to state their
reasons for the objection.

Answer 90

A

Action Is Practicable In
Response
Steps shall,
if practicable,
be taken
to remove the grounds
for the objection.

Action Is Not Practicable In
Response
If this is not practicable:
* The suspect and / or their representative shall be told
why their objection cannot be met; and
* The objection and the reason for not removing the
grounds for the objection should be recorded by the
Identification Officer.

Answer 91

A

Arrangements shall be made for all relevant
material containing sets of images used*
*To be kept securely;
* Their movements accounted for
…and no one involved in the investigation shall
be permitted to view the material prior to it being
shown to any witness.

Answer 92

A

Before the images are shown either:
*The suspect; or
* Their solicitor
.shall be provided with details of the first
description of the suspect by any eye-witness
who will attend the video identification.

Answer 93

A

Where a media broadcast or publication has
been made - either:
*The suspect; or
* Their solicitor
must be allowed to view any material
released to the media by the police for the
purpose of recognising or tracing the suspect.
.provided both:
* It is practicable; and
* It would not unreasonable delay the
investigation.

Answer 94

A

No
unauthorised
persons
may be present
when the video identification
is conducted.

Answer 95

A

The suspect’s solicitor,
if practicable,
shall be given reasonable notification
of the time and place
the video identification
is to be conducted.

Answer 96

A

The suspect’s solicitor may only be
present at the video identification:
*On request; and
*If the Identification Officer agrees.

Answer 97

A

The Identification Officer must be satisfied that
the solicitor’s presence will not:
* Deter; or
* Distract
…an eye-witness from:
*Viewing the images; and
* Making an identification.

Answer 98

A

Step 1
The reason
for the Identification Officer’s
refusal
must be recorded.

step 2
The solicitor
must be informed of
the decision
to refuse their presence
and
the reason for the decision.

Step 3
The solicitor can then make
oral or written representations
either in person or remotely
to an Inspector or above
who is not involved in the investigation
(NB - they cannot delegate)
- as to why they should be allowed to be present.

Step 4A — Initial Decision Upheld
If the Inspector or above
is satisfied that their
presence will deter or distract
the eye-witness…
.they will inform the solicitor of their refusal
and reasons for refusing
which shall be recorded
along with the solicitor’s response.

Step 4B — Initial Decision Overruled
If the Inspector or above
overrules the Identification Officer
and allows the solicitor to be present…
.the solicitor will ngt be permitted to
communicate with the eye-witness.
.but will but permitted to
communicate with the Identification Officer.

Answer 99

A

Yes
— a supervised viewing
of the recording
of the video identification
by the suspect and/or their solicitor may be
arranged upon request,
at the discretion of the
investigating officer.

If a viewing is permitted
— the identity
of the eye-witness
may be concealed,
if the investigating officer
considers it justified.

The investigating officer
may also arrange
for anything in the recording
that might allow any
police officer or police staff
to be identified
to be concealed
in either terrorism investigations
or
where it is reasonably believed that disclosing
their identity may place them in danger.

Answer 100

A

Prohibited Action 1
The suspect
is not permitted
to be present
when the images are shown
to the eye-witness.

Prohibited Action 2
The suspect
is not entitled
to be informed
of the time and place
the video identification
shall be conducted.

Answer 101

A

The video identification procedure shall be
recorded on video with sound - the
recording must:
*Show all persons present within the sight
and hearing of the eye-witness whilst the
images are being viewed; and
*Record all communication between those
present.

Answer 102

A

The Identification Officer
is responsible
for making appropriate arrangements
to ensure that prior to viewing
the set of images
- witnesses are unable to…

Restriction 1
Communicate
with
each other.

Restriction 2
See
any images
that are
due to be shown.

Restriction 3
See or
be reminded
of any
photograph or description
of the suspect.

Restriction 4
Be given
any other indication
as to the
suspect’s identity.

Restriction 5
Overhear
an eye-witness
who has already seen
the material.

Answer 103

A

No
-there must be no discussion
with the eye-witness
about the composition
of the set of images.

Answer 104

A

No
-eye-witnesses
must not be told whether
a previous eye-witness
has made any
positive identification.

Answer 105

A

No
-only 1
eye-witness
should view the set of images
at a time.

Immediately before
the images are shown
-the eye-witness
must be told
the following 5 instructions..

Instruction 1
The person they saw
on the earlier specified occasion
may or may not appear
in the images that are shown.

Instruction 2
If they cannot
make a
positive identification
- they should say so.

Instruction 3
They can ask
to see
a particular part of the set of images
or to have a
particular image frozen
for them to study.

Instruction 4
There is no limit
on the number of times
they can view
the whole set of images
or
any image.

Instruction 5
They should
view
the whole set of images
at least twice
before
reaching a decision.

Answer 106

A

Safeguard 1
Care must be taken not to:
* Direct the witness’ attention to any one
individual image; or
* Give any indication of the suspect’s identity.

Safeguard 2
Where an eye-witness
has made a previous identification
by photograph,
or a computerised or artist’s composite
or similar likeness etc.
(when the suspect was unknown).

…they must not be reminded of:
*The photograph etc.; or
*Any previous description of the suspect
provided
once the suspect is available for identification
by other means (i.e. a known suspect
procedure).

Answer 107

A

Once both:
*The whole set of images have been viewed by
the eye-witness at least twice; and
*The eye-witness indicates that they do not
wish to view the images or any part of them
again…

Answer 108

A

Record 1
A record shall be made of all those.
*Participating in; and
* Seeing
.the set of images - whose names are known to
the police.

Record 2
A record of the conduct of the video identification must be
made in the forms provided — including
* Anything said by the eye-witness about the identifications or
the conduct of the procedure; and
* Any reasons why it was not practicable to comply with Code
..and this record is in addition to any statement taken from the
eye-witness after the procedure.

Answer 109

A

A suspect must be given a reasonable
opportunity to have:
A solicitor; or
A friend
present — and they shall be asked to indicate
on a second copy of the notice whether or not
they wish to do so.

Answer 110

A

An identification parade will be conducted in
either:
*In a normal room; or
*A room equipped with a screen permitting
witnesses to see members of the identification
parade without been seen.
.and the procedures for the:
* Composition; and
* Conduct
will be the same in both locations — save for a
minor difference in paragraph 8.

Answer 111

A

If there are no security problems about a prison
inmate leaving the establishment — they may be
asked to participate in either:
*A video identification; or
*An identification parade.

Answer 112

A

yes
— they shall be conducted
as far as practicable
under normal identification parade rules.

Answer 113

A

General Rule
Members of the public
shall make up
the identification parade..

Exception
unless there are
serious
security, or control,
objections
to their admission to the establishment.
If so — prison inmates may participate.

Answer 114

A

General Rule
A suspect inmate
will not
be required to
wear prison clothing
during the identification parade..

Exceptions
unless the other people taking part are either:
* Inmates who are also wearing similar prison
clothing; or
* Members of the public who are prepared to
wear prison clothing.

Answer 115

A

Yes
But when police officers in uniform form an
identification parade — any:
* Numerals; or
* Identifying badges
.shall be concealed.

Answer 116

A

Before the identification parade takes place
either:
*The suspect; or
* Their solicitor
shall be provided with details of the first
description of the suspect by any eye-witness
who will attend the identification parade.

Answer 117

A

Where a media broadcast or publication has
been made either:
*The suspect; or
* Their solicitor
.should also be allowed to view any material
released to the media by the police for the
purpose of identifying or tracing the suspect
provided both:
* It is practicable; and
* It would not unreasonably delay the
investigation.

Answer 118

A

Immediately before the identification
parade — the suspect must be both:
*Reminded of the procedures governing the
conduct of identification parades; and
*Cautioned.

Answer 119

A

All
unauthorised persons
must be excluded
from the location
where the identification parade
is conducted.

Answer 120

A

Once the identification parade has been formed
— everything afterwards, in respect of it — shall
take place in both:
*The presence; and
*The hearing
. of:
*The suspect; and
*Any of the following who are also present:
* Solicitor;
* Appropriate adult;
* Friend; or
* Interpreter.
unless the identification parade involves a
screen — in which case, anything either:
* Said to; or
*Said by
any witness at the place where the
identification parade is held.
must be either:
* Said in the hearing and presence of the
suspect’s.
* Solicitor;
* Appropriate adult;
* Friend; or
* Be recorded on video.

Answer 121

A

General Rule
only 1
suspect
will be included
in an
identification parade…

Exception
unless there are
2 suspects
of roughly similar appearance.
If so - both suspects
may be paraded together
with at least 12
other people.

Answer 122

A

No
— in no circumstances
can more than 2
suspects
be included in a
single
identification parade.

In such a situation
— a separate
identification parade
will be required
— that will be made up
of different people.

Answer 123

A

If the suspect
has an unusual physical feature
(e.g. facial scar, tattoo, distinctive hairstyle or
hair colour etc)
— that cannot be replicated
on other members
of the identification parade..

…steps may be taken to conceal the
location of that feature (e.g. with a plaster or
hat etc.) on both:
*The suspect; and
*Other members of the identification
parade.

.to enable all members
of the identification parade
to resemble each other
in general appearance
-if the suspect and
their solicitor, or appropriate adult,
agree.

Answer 124

A

Yes
e.g. dye being used on facial stubble.
R v Marrin [2002] EWCA Crim 251

Care must be taken
— as if the use of make up
is obvious
it may render
the procedure unfair.

Answer 125

A

Yes
Hats can be used
if they assist in
minimising differences
between the suspect and
the other members
of the identification parade.

Answer 126

A

Wearing of hats
by the suspect
and the other members
of the identification parade
should be avoided
if hats were not worn
during the commission of the offence.

If hats are worn
— it will be legitimate
for a witness
to request the removal
of hats.

Answer 127

A

When the suspect is brought to the place of the
identification parade they shall be asked if they
have any objection to either:
*The arrangements for the identification parade;
or
* Any of the participants
and state the reason for their objection.

Answer 128

A

The suspect may obtain advice from their:
*Solicitor; or
Friend
.if present — before the identification
parade proceeds.

Answer 129

A

If the suspect has raised a reasonable objection
to either:
*The arrangements for the identification parade;
or
* Any of the participants
steps shall, if practicable, be taken to remove
the grounds for the objection.

Answer 130

A

When it is not practicable to remove the
grounds for the objection:
*The suspect shall be told why their objection
cannot be met; and
*The following shall be recorded.
* The objection;
*The reason for the objection; and
*Why the objection cannot be met.

Answer 131

A

The suspect
can
select
their own position
in the line.

If there is
more than one
witness,
the suspect must be told
that after each witness
has left the room,
they can if they wish
swap positions on the parade
in readiness for the next witness.

The suspect
cannot
dictate the order
in which other members
of the parade stand.

Answer 132

A

Each position
in the line
must be clearly numbered
— either by
numbers laid on the floor
or
other means.

Answer 133

A

Appropriate arrangements
must be made to ensure that
prior to witnesses
attending an identification parade
— they are unable to
carry out any of
5 prohibited activities.

Prohibition 1
Communicate
with
each other.

Prohibition 2
Overhear
a witness
who has already seen
the identification parade.

Prohibition 3
See
or
be reminded
of any
photograph or description
of the suspect.

Prohibition 4
Be
given
any other indication
as to the suspect’s
identity.

Prohibition 5
See
the suspect
— either before
or
after
the identification parade.

Answer 134

A

The person conducting an eye-
witness to the identification parade
must not:
*Discuss the composition of the
parade with the eye-witness; or
*Disclose whether a previous eye-
witness has made any identification.

Answer 135

A

No
— eye-witnesses
should be brought in
to view
the identification parade
one at a time.

Answer 136

A

Immediately before
the eye-witness
inspects the
identification parade
— they shall be
told 3 instructions..

Instruction 1
The person they saw
on the
earlier specified occasion
may or may not
be present.

Instruction 2
If
they cannot
make a positive identification
-they should
say so.

Instruction 3
They should
look at
each member
of the identification parade
at least twice
before reaching a decision.

Answer 137

A

they shall ask the witness
whether
the person they saw
on the specified earlier occasion
is present
at the identification parade..
and if so - to identify them by their number.

Answer 138

A

If an eye-witness wishes a person on the
identification parade to either:
* Speak,
* Move; or
*Adopt a posture…

..they shall:
* First be asked whether they can identify any
person(s) on the identification parade on the
basis of appearance and
* If the request is for members to speak - the
witness will be reminded that members on the
parade were selected on the basis of their
physical appearance only

.and once complete — the members may then
be asked to comply with the request for them to
either:
* Speak;
* Move; or
* Adopt a posture.

Answer 139

A

If an eye-witness
makes a request
that the person they have indicated
remove
anything used to
conceal the location
of an unusual physical feature
— that person may be asked to remove it.

Answer 140

A

If a witness makes a positive identification after the
identification parade has ended — then both:
* The suspect;
* Any of the following
- if they are also present:
* Solicitor;
* Friend; or
* Interpreter
..shall be informed — and consideration should be given to
allowing the witness a second opportunity to identify the
suspect.

Answer 141

A

At the conclusion
of the identification parade,
after the last eye-witness has left
— the suspect shall be
asked whether
they want to make
any comment on the conduct
of the identification parade.

Answer 142

A

General Rule
A video recording
must normally be taken
of an identification parade…

Exception
.but if that is
impracticable
— a colour photograph
must be taken instead..

.and a copy of either:
* The video recording; or
* The colour photograph
shall be supplied, on request, to either:
* The suspect; or
* Their solicitor
within a reasonable period of time.

Answer 143

A

Record 1
The
conduct
of the
identification parade.

Record 2
All those present
at the
identification parade
— whose names are known
to the police.

Record 3
The circumstances
of any prison inmates
making up an
identification parade.

Record 4
The circumstances
in which
any person
is asked to leave
an identification parade
due to interfering with its conduct.

Answer 144

A

The record made on forms provided — shall include anything
said by either:
* The suspect; or
* The eye-witness
.about either:
* Any identifications; or
* The conduct of the procedure
..and any reasons why it was not practicable to comply with
Code D.

Answer 145

A

A group identification can be conducted
either:
*With the suspect’s consent and
cooperation; or
*Covertly without the suspect’s consent.

Answer 146

A

The location is a matter for the
Identification Officer — although they may
take into account any representations
made by:
*The suspect;
*Appropriate adult;
*Solicitor; or
*Friend.

Answer 147

A

The place where the group identification
shall be held should be one where people
are either:
*Passing by; or
*Waiting around informally
.in groups…

…such that the suspect is both:
*Able to join them; and
*Capable of being seen by the witness at
the same time as others in the group.

Answer 148

A

Example 1
Pedestrians
walking through a
shopping centre.

Example 2
Persons
leaving
an escalator.

Example 3
Railway or bus passengers
waiting in
queues or groups.

Example 4
Persons
standing or sitting in groups
in other public places.

Answer 149

A

Although the:
* Number;
* Age;
* Sex;
* Race;
* General description; or
* Style of clothing
of other people present at the location cannot be
controlled by the Identification Officer…
…in selecting the location - they must consider
both.
*The general appearance; and
* Numbers
of people likely to be present.
and they must reasonably expect
that over the period
the witness observes the group
they will be able to see, from time to time,
a number of others,
whose appearance is broadly similar
to that of the suspect.

Answer 150

A

If the group identification is to be held
covertly — the choice of location will be
limited by:
*The places where the suspect can be
found; and
*The number of people present at that
time.
.and might include:
*Regular routes travelled by the suspect;
*Public places frequented by the suspect;
and
*Busses or trains.

Answer 151

A

A group identification
need not be held
if the Identification Officer believes,
because of the unusual appearance
of the suspect,
none of the locations
it would be practicable to use,
satisfy the requirements of paragraph 6
that are necessary to make the identification fair.

Answer 152

A

Before the group identification takes place —
either:
*The suspect;
* Their solicitor
shall be provided with details of the first
description of the suspect by any witnesses
who are to attend the identification.

Answer 153

A

Where either:
*A broadcast; or
*A publication
.of either:
* Films; or
* Photographs…
…are shown or circulated for the purpose of
identifying or tracing suspects — then either:
* The suspect;
* Their solicitor…
.shall be allowed to view any material released
by the police to the media for such purposes —
provided that both:
* It is practicable; and
* It would not unreasonably delay the
investigation.

Answer 154

A

Immediately after a group identification has
taken place — either:
*With the suspect’s consent; or
*Without the suspect’s consent…
. either:
* A colour photograph; or
* A video
.should be taken of the general scene, if practicable, to
give a general impression of.
* The scene; and
* The number of people present.
.or alternatively,
if it is practicable
— the group identification
may be video recorded.

Answer 155

A

A copy of the:
* Colour photograph; or
* Video
shall be supplied on request to:
* The suspect;
* Their solicitor
within a reasonable time.

Answer 156

A

If it is not practicable to take either:
*Colour photograph; or
* Video
.immediately after conducting the group
identification…

.then either:
*A photograph; or
* A film
of the scene, should be taken at a later time
determined by the Identification Officer — if they
consider it practicable to do so.

Answer 157

A

The identification
will remain
a group identification.

Answer 158

A

The suspect must be given a reasonable
opportunity to have a:
* Solicitor;
. Friend
..present — and will be asked to indicate on a
second copy of the notice whether they wish to
do so.

Answer 159

A

Any of the following persons
may be concealed from the sight
of the individuals
in the group they are observing
— if the person carrying out the procedure
considers this assists
the conduct of the identification..

Category 1
Witnesses

Category 2
Person
carrying out
the procedure.

Category 3
Suspect’s:
* Solicitor;
*Appropriate adult; or
* Friend.

Category 4
Interpreter
for a
witness.

Answer 160

A

The person conducting a witness to
a group identification must not:
*Discuss with them the forthcoming
group identification; or
*Disclose whether a previous
witness made an identification.

Answer 161

A

Anything either:
*Said to the witness; or
*Said by the witness
.during the procedure…
.should be said in both:
*The presence; and
*The hearing
of those present at the procedure.

Answer 162

A

Appropriate arrangements
must be made to make sure,
before witnesses
attend the group identification
— they are not able to.

Limitation 1
Communicate
with each other
about the case.

Limitation 2
Overhear
a witness
who has already
been given an opportunity
to see the suspect
in a group.

Limitation 3
See
the
suspect.

Limitation 4
See or be reminded
of any
photograph or description
of the suspect
or
be given any indication
of the suspect’s identity.

Answer 163

A

Action 1
Witnesses
shall be brought
one at a time
to the place where they
are to observe the group.

Action 2
Immediately before
the witness
is asked to look at the group
— the person conducting the procedure
shall tell them..

Instruction 1
That the person they saw
on a
specified earlier occasion
may,
or may not
be in the group.

Instruction 2
That if they
cannot make an
identification
— they should
say so.

Action 3
The witness shall be
asked to
observe the group
in which the suspect
shall appear.

Answer 164

A

The procedure to be followed will depend on
whether the group is either:
*Moving; or
* Stationary.

Answer 165

A

The group
is moving
at the time of viewing
by the witness.
— e.g. leaving an escalator.

Answer 166

A

Each suspect
should be the subject of a
separate
identification procedure.

The separate
identification procedures
may be
conducted consecutively
on the same occasion.

Answer 167

A

Step 1
The person conducting the procedure
shall:
*Tell the witness to observe the group; and
*Ask them to point out any person they
think they saw on the earlier occasion.

Step 2
The suspect
should be allowed to
take whatever position they wish
in the group.

Step 3
The witness should
continue to observe the group
for the period which the
person conducting the procedure
reasonably believes
is necessary in circumstances
for them to be able to make comparisons
between the suspect and other individuals
of broadly similar appearance to the suspect.

Step 4
If the witness
points out a person
i.e. makes a
positive identification…

General Rule
They shall
— if practicable,
be asked to take a closer look
at the person
to confirm their identification.

Exception
If either:
*This is not practicable; or
* They cannot confirm the identification
.they shall be asked how sure they are that the
person indicated is the relevant person.

Answer 168

A

The group
is stationary
at the time of viewing
by the witness.
— e.g. standing in a queue.

Answer 169

A

Where 2 or more
suspects
consent to a
stationary group identification
.each suspect should be the subject of a
separate identification procedure..
unless they are of broadly similar appearance
— if so, they may appear in the same group.

If separate procedures
are conducted..
the groups must be
made up of
different people.

Answer 170

A

Step 1
The suspect
should be allowed to
take whatever position they wish
in the group.

If there is
more than one
witness…
-the suspect must be told,
out of the sight and hearing
of the witness
.that they can, if they wish,
change their position
in the group.

step 2
The witness shall be asked to:
* Pass along or amongst the group; and
* Look at each person in the group at least twice
.taking as much care and time as possible,
according to the circumstances, before making an
identification.

Step 3
The witness shall be:
* Asked whether the person they saw on the
specified earlier occasion is in the group; and
* Indicate any such person by whatever means
the person conducting the procedure
considers appropriate in the circumstances.

If this is not practicable
-the witness shall be asked
to point out
any person they think they saw
on the earlier occasion.

Step 4
If the witness
makes a
positive identification.

General Rule
Arrangements shall be made
— if practicable,
for the witness
to take a closer look
at the person
to confirm their identification.

Exception
If either:
*This is not practicable; or
* They cannot confirm the identification
.they shall be asked how sure they are that the
person indicated is the relevant person.

Answer 171

A

If the suspect either:
*Unreasonably delays joining the group; or
*Having oined the group — deliberately
concea s themselves from the sight of a
witness
.this may be treated as a refusal to co-
operate with the group identification.

Answer 172

A

If a witness identifies a person other than
the suspect — then the person identified
shall be:
*Informed what has happened; and
*Asked if they would be prepared to give
their name and address.

There is no obligation
placed upon
any member of the public
to give these details.

Answer 173

A

Once the group identification has been completed —
the suspect shall be:
* Told of any identifications made by the witnesses - (if
they have not been previously informed)
* Asked if they wish to make any comments about the
conduct of the procedure
and any response shall be recorded on the form
provided.

Answer 174

A

Group identifications
held covertly without
the suspect’s consent…
.should, as far as practicable,
follow the rules for the conduct of
group identification
by consent.

Answer 175

A

Difference 1
The suspect will not have the right to have either:
* A solicitor;
* An appropriate adult; or
* A friend
. present — as the identification will be taking place
without their knowledge.

Difference 2
Any number
of suspects
may be identified
at the same time.

Answer 176

A

A group identification should only take place at a
police station — for reasons of either:
* Safety;
* Security; or
* It not being practicable to hold the procedure
elsewhere.

Answer 177

A

A group identification conducted at a police
station may take place either:
* In a room equipped with a screen - permitting
witnesses to see members of the group without
being seen; or
*Anywhere else in the police station that the
Identification Officer considers appropriate.

Answer 178

A

Any of the safeguards
applicable to
identification parades
should be followed
if the Identification Officer
considers it practicable
to do so in the circumstances.

Answer 179

A

A group identification involving prison inmates
may only be arranged in either:
* Prison; or
* Police station
and irrespective which location is utilized — the
procedures in paragraphs 37 — 39 (i.e. the
procedure at a police station) shall be followed.

Answer 180

A

An inmate suspect
will not have to
wear prison clothing
for the group identification..
unless the other participants
are wearing
the same clothing.

Answer 181

A

Before a confrontation takes place — the eye-
witness must be told that:
*The person they saw on a specified earlier
occasion - may, or may not be the person that
they are to confront; and
*That if they are not that person — the witness
should say so.

Answer 182

A

Before a confrontation takes place — the:
*Suspect; or
*Their solicitor
.shall be..

Action 1
Provided with
details of the
first description
given by the eye-witness.

Action 2
If a broadcast or publication of media images
has been made — they shall be allowed to view
any material previously released to the media
for the purpose of recognising or tracing the
suspect — provided both:
* It is practicable to do so; and
* Doing so would not unreasonably delay the
investigation.

Answer 183

A

A confrontation must take place in the presence
of the suspect’s:
* Solicitor;
* Interpreter;
* Friend
unless this would cause an unreasonable
delay.

Answer 184

A

The confrontation should normally take place in
the police station — in either:
*A normal room; or
*A room equipped with a screen permitting the
eye-witness to see the suspect without been seen…

.and with both options — the procedure is the
same - except that a room equipped with a
screen may be used only when either:
*The suspect’s solicitor, friend or appropriate
adult is present; or
* The confrontation is recorded on video.

Answer 185

A

Step 1
The suspect
shall be confronted
independently
by each eye-witness.

Step 2
The eye-witness
shall be asked
“Is this the person?”

Step 3
If the eye-witness
identifies the person
but is unable to confirm the identification
— they shall be asked
how sure they are
that the person is the one they saw
on the earlier occasion.

Answer 186

A

Each eye-witness shall be asked - after they take
part in any of the known suspect identification
procedures - whether they have seen either:
* Any film, photograph or image relating to the
offence; or
* Any description of the suspect that has been
broadcast or published
.and their reply recorded..

and if they have:
*They should be asked to give details of the
circumstances; and
*A record shall be completed.

Answer 187

A

The court will consider
the impact
that any breaches will have
upon the reliability
of the identification evidence
and the consequent fairness of the trial.

If unfairness
has been caused
by a breach of Code D
-then the court may
exercise its discretionary power
to exclude the
identification evidence
under section 78 PACE 1984.

The more serious
the breach
the more inclined
the court will be to exercise
its discretion
to exclude.

Example 1
The officer in charge of the investigation
(as opposed to the Identification Officer)
running the identification procedure
and
interacting with witnesses.
R v Gall [1990] 90 Cr App r 64

Example 2
Showing witnesses photographs
of a suspect after
the suspect had become known
and before a known suspect
identification procedure was conducted.
R v Finley [1993] Crim LR 50

Example 3
Putting blatantly obvious make up
on other members of an identification parade
in an attempt to make their appearance
more similar to the suspect.

Answer 188

A

This provision applies when,
for the purposes
of obtaining evidence of recognition —
arrangements are made
for any person - including a police officer
who is not an eye-witness…

..to:
*View the image of an individual - in either:
*A film;
*A photograph; or
*Any other visual medium; and
* Be asked whether they recognise that
individual as someone who is known to them.

Who Do The Provisions Apply To?
Anybody
— including
members of the public
and
police officers.

Are They An Eye-witness To The
Crime?
No

What Are They Shown?
An image of a person - in either:
. A film;
*A photograph; or
*Any other visual medium.

Is The Showing Controlled &
Supervised?
Yes

Why Are They Shown The Image?
To see
if they recognise
the person
in the image
— (i.e. the suspect).

Example - Note 3AA
“On (describe date, time location)
I saw an image of an individual
who I recognised as AB.”

Answer 189

A

The arrangements
for such viewings
may be made by the
officer in charge
of the investigation
- (OIC).

Answer 190

A

Yes
Whilst there is no requirement for the
Identification Officer to either:
* Make the arrangements; or
* Be consulted about the arrangements
.there is nothing to prevent either action.

Answer 191

A

The safeguards are put in place to:
*Prevent mistaken recognition; and
*Avoid any possibility of collusion

Answer 192

A

The arrangements should ensure that the:
*Film;
*Photograph; or
*Other images
.are shown on an individual basis.

Answer 193

A

The arrangements
should ensure that
any person
who views the material
is subject to
3 prohibitions.

Prohibition 1
They are unable to communicate with any
other person to who the material either:
* Has been shown; or
*Is to be shown.

Prohibition 2
They are not either:
* Reminded of any photograph or
description of any individual; or
* Shown or given any other indication of
the identity of such an individual.

Prohibition 3
They are
not told whether
a previous witness
has recognised anyone.

Answer 194

A

That immediately before
a person
views the material
— they are told 2 points.

Point 1
Both.
*An individual who is known to them, may or
may not appear in the material they are shown;
and
* If they do not recognise anyone — they should
say so.

Point 2
Both:
*They may at any point — ask to see a particular
part of the material frozen for them to study;
and
*There is no limit to how many times they can
view the whole or any part(s) of the material.

Answer 195

A

General Rule
The person who views the material
is not asked to make any decision
as to whether they recognise
anyone whose image they have seen
as someone known to them
— until they have seen the whole of the material
at least twice..

Exception
unless the officer in charge of the viewing
decides that because of the
number of images
the person has been invited to view
— it would not be reasonable
to ask them to view the whole of the material
for a second time.
If so — a record shall be made of this decision.

Answer 196

A

A record
of the circumstances
and conditions
under which
the person is given an
opportunity to recognise
the individual
must be made.

Answer 197

A

Content 1
Whether the person either:
* Knew; or
* Was given information
.. .concerning either:
* Name: or
* Identity
.of any suspect.

Content 2
What the person has been told before the
viewing about:
* The offence;
*The person(s) depicted in the images; or
* The offender
and by whom.

Content 3
Both:
* How; and
* By whom
the witness was asked to either:
* View the image; or
* Look at the individual.

Content 4
Whether the viewing was either:
*Alone; or
* With others
.and if with others - the reason for it.

Content 5
Both:
*The arrangements under which the person
viewed the film or saw the individual; and
* By whom those arrangements were made.

Content 6
Both:
*Name; and
* Rank
of the officer responsible for the viewing
arrangements…

unless either:
* It is a terrorism offence; or
*The officer believes that recording or
disclosing their details might put them in
danger.

Content 7
The:
* Date;
* Time; and
* Place
.either:
* The images were viewed or further viewed; or
* The individual was seen.

Content 8
The times between which:
The images were viewed; or
The individual was seen.

Content 9
How the:
*Viewing of images; or
* Sighting of the individual
.was controlled and by whom.

Content 10
Whether the person was familiar with either:
*The location shown in any images; or
*The place where they saw the individual
.and if so, why?

Content 11
Whether or not on this occasion, the person claims to
recognise any:
* Image shown; or
* Any individual seen
as being someone known to them

..and if they do:
. The reason,
* The words of recognition,
* Any expressions of doubt; and
* What features of the image or the individual triggered
the recognition.

Answer 198

A

The record may be made by
the person who views the image
or sees the individual
and makes the recognition…
.and if applicable
— by the officer or police staff
in charge of showing the images to the person or
in charge of the conditions under which
the person sees the individual.

and the person may be asked to both.
* Read and check the completed record; and
*As applicable — confirm that it correctly and
accurately reflects the part they played in the
viewing.

Answer 199

A

For the purpose of both:
* Tracing; and
* Identifying
.suspects..

either:
* Films
* Photographs
* Other images
of incidents..

.are either:
* Shown to the public (including police officers or
police staff) through the national or local media or
social networking sites; or
* Circulated through local or national police
communication systems for viewing by police
officers and police staff
and the viewing is not formally controlled and
supervised.

Who Do The Provisions Apply To?
Anybody
— including
members of the public,
police officers
and police staff.

Are They An Eye-witness To The
Crime?
No

What Are They Shown?
An image of a person - in either:
. A film;
*A photograph; or
*Any other image.

Is The Showing Controlled &
Supervised?
No

Why Is The Image Circulated?
To see
if anybody
recognises
the person in the image
— (i.e. the suspect).

Answer 200

A

Step 1
Code D Paragraph 3.39

A copy of the material released to either:
*The national media; or
*The local media
..for showing - shall be kept..

and:
*The suspect; or
*Their solicitor
.shall be allowed to view the material prior to
the conduct of a known suspect identification
procedure..

provided both:
* It is practicable; and
* It will not unreasonably delay the investigation.

step 2

If either:
*A member of the public;
*A police officer; or
*A police staff member
.indicates in response to viewing..

.that they may have information relating to the:
* Identity; or
* Whereabouts
of anybody they have seen in the viewing…

arrangements must be made ASAP thereafter:
*To ensure that they are asked to give details of
the circumstances; and
*A record is made of the circumstances and
conditions under which the viewing took place.

step 3

Each eye-witness
-after taking part
in any of the
known suspect
identification procedures…
.shall be asked whether
they have previously seen either.

Previous Exposure 1
any:
* Film;
* Photograph; or
* Other image
relating to the offence..

Previous Exposure 2
or any description of the suspect that has
been either:
* Broadcast; or
* Published.

and.
*Their response shall be recorded; and
* If they have:
*They shall be asked to give details of the
circumstances; and
*A record shall be made ASAP thereafter.

Answer 201

A

Yes

Both:
*A witness; and
*An expert
.can give evidence identifying a voice from an
audio sample that is of a sufficient duration to
enable the words spoken to be attributable to a
single person

and the jury
should also be permitted
to hear the recording
to make their own mind up
whether the voice is that of the accused.

Answer 202

A

No
corroborating evidence
should still be sought
to back up any positive identification
from a tape recording
- as witnesses can be mistaken

Answer 203

A

Step 1
An Inspector or above has reasonable grounds to
believe that the intimate sample will tend to either:
* Confirm; or
* Disprove;
.their involvement.

step 2
The suspect
consents
in writing.

Answer 204

A

Who Gives Consent?
18 or over - Suspect only
Turned 14 but
under 18 - Suspect and Parent or Guardian
Under 14 - Parent or Guardian only

Answer 205

A

No
If force is used
exclusion
under section 78 PACE 1984.

Answer 206

A

Adverse inferences.

Answer 207

A

Prerequisite?
The victim’s
written consent
should be obtained.

Is Authorisation Required From
An Inspector Or Above?
General Rule
No

Exception
- if the victim was in police
detention at the time of the
request.

Answer 208

A

Step 1
The person has already given
2 or more
non intimate samples
in the course of the investigation of the offence
- which have proved insufficient for the same
means of analysis.

Step 2
An Inspector or above
provides their authorisation.

Step 3
The suspect
consents
in writing.

Answer 209

A

Prerequisite?
An intimate sample
be taken from a person
not in police detention
for elimination purposes
- if the person consents.

Answer 210

A

Grounds?
An intimate sample
can be taken from a person
who has been
convicted outside
England and Wales
of an offence…

.which if committed
in England and Wales
would be a
qualifying offence…

.from whom
2 or more
non-intimate samples taken
have proved insufficient
- if both…

Step 1
A police officer of Inspector rank or
above:
* Is satisfied that taking the sample is
necessary to assist In the prevention
or detection of crime; and
*Authorises it to be taken

Step 2
The person concerned
gives their
written consent.

Answer 211

A

Homicide Offences - Murder & manslaughter;
Sexual Offences -Sections 1-19, 26-26, 30-41, 47-
50.53, 57-59, 61-67.69, 70 Sexual Offences Act 2003;
Offences Against The Person - Sections 4, 16,
18, 20, 21, 22, 23, 24 Offences Against The Persons Act
1861…
Firearms Offences - Sections 16, 17 & 18 Firearms
Act 1968;
Abduction Type Offences - False imprisonment.
kidnapping & section 1 Protection of Children Act 1978;
Theft Offences - Sections 9 & 10, or 12A Theft Act
1968 involving an accident that causes a death; and
Arson - Section 1 Criminal Damage Act 1971 charged
as arson.

Answer 212

A

Nature Of The Power?
The police have the power
to make a requirement
for a person to attend a police station
to have an intimate sample taken
in 2 situations…

Situation 1
Persons from whom two or more
non-intimate samples
have been taken
and proved to be insufficient.

Situation 2
Persons convicted outside
England and Wales
from whom two or more
non-intimate samples
have been taken
and proved to be insufficient.

Is There A Time Limit For Making
The Requirement?
No

Answer 213

A

General Rule?
A requirement for a person to attend a police station to
have a sample taken:
* Must give the person a period of at least seven days
within which to attend the police station; and
* May direct them to attend at a specified time of day or
between specified times of day.

Exception?
An officer of the rank of
Inspector or above
may authorise a
period shorter than 7 days
-if there is an urgent need
-for the person’s sample
-for the purpose of the investigation
of an offence.

Can The Timescale Be Varied?
Yes
In writing.

Consequence Of A Failure To
Comply With The Requirement?
Power of arrest
without warrant.

Answer 214

A

Step 1
If they are not legally represented.
* They must be reminded of their entitlement to free
and independent legal advice; and
* The reminder and response must be noted in the
custody record.

step 2
They must be warned
that if they refuse without good cause
- it may harm their case at trial.
i.e. the court may draw adverse inferences.

Answer 215

A

Fact 1
The reason
for taking the sample
including the nature of the offence
(except when convicted of an offence outside of
England & Wales under Code D Paragraph 6.2(c)).

Fact 2
The fact that
authorisation
has been given
and the provisions
under which it was given.

Fact 3
That the sample
or information derived from the sample
may be retained
and be subjected to a
speculative search.

Answer 216

A

Who Can Take Intimate Samples?
Dental
impression
Rest
except
for urine
Urine

Answer 217

A

Category 1
Any person whose
presence
is unnecessary.

Category 2
No person of the opposite sex - unless they are either:
* A Registered Medical Practitioner;
* A Registered Health Care Professional; or
* An Appropriate Adult who has been specifically
requested and is readily available.

Answer 218

A

2 Steps
The removal of clothing from a juvenile may only
take place in the absence of an appropriate adult -
where both:
* The juvenile signifies in the appropriate adult’s
presence that they do not wish them to observe;
and
* The appropriate adult agrees.

Answer 219

A

Can A Suspect Choose Which
Part Of The Body A Sample Is
Plucked From?
Yes

How Should Hair Be Plucked?
Individually
-unless the suspect
requests otherwise.

How Many Hairs Can Be Plucked?
As many hairs
as the person plucking
considers necessary
to obtain a sufficient sample.

Answer 220

A

Law Abiding Citizens
Privacy shield
2 options

Option 1
Put their shield up
No means no — can’t use force.

Option 2
Throw away their shield
Consent in writing.

Answer 221

A

Exception
Where a person has had involvement with the legal
process:
* Their privacy shield is stripped away;
* No consent is required; and
* Reasonable force can be used where necessary in
the event of a refusal.

Answer 222

A

A person who is in police
detention
as a consequence of being
arrested
for a recordable offence
- and who either…

2 Permutations
* Has not had a non-intimate sample of the same
type and from the same part of the body taken
in the course of the investigation of the offence
by the police; or
* Has had such a non-intimate sample taken - but
it proved insufficient.

Answer 223

A

A person who has been arrested
for a recordable offence
and released
- if the person either.

Permutation 1
Is on bail and
has not had a non-intimate sample
of the same type and
from the same part of the body
taken in the course of the investigation
of the offence.

Permutation 2
Has had such a non-intimate sample taken in the
course of the investigation of the offence - but either:
* It proved unsuitable or insufficient; or
* The investigation was discontinued but
subsequently resumed — and the DNA sample and
profile was destroyed.

Answer 224

A

A person
(whether or not in police detention
or held in custody by the police on the authority
of a court)..

.who has either:
* Been charged with a recordable offence; or
* Been informed they will be reported for a
recordable offence
.if the person either…

Permutation 1
Has not had
a non-intimate sample
taken from them
in the course of the investigation
of the offence.

Permutation 2
Has had a
non-intimate sample so taken
- but it proved
unsuitable or insufficient.

Permutation 3
Has had a non-intimate sample taken
in the course of the investigation of the offence
and the sample has been destroyed
and in proceedings relating to that offence there is
a dispute as to whether a DNA profile
relevant to the proceedings was derived
from the destroyed sample.

Answer 225

A

No consent is required from a person detained
following acquittal on grounds of either:
* Insanity; or
* Unfitness to plead

Answer 226

A

A person who is being
held in custody by the police
on the authority of a court
-if an officer of at least the rank
of Inspector
authorises it to be taken.

Mental Element Of The
Authorising Officer?
The Inspector or above has reasonable grounds for:
* Suspecting the person of involvement in a recordable
offence: and
* Believing that the sample will tend to confirm or
disprove that involvement.

Answer 227

A

From a person who has in relation to a recordable
offence been either:
* Convicted; or
* Given a caution in relation to an offence they
admitted…

..if since the action was taken - either:
*A non-intimate sample has not been taken
from them
*A non-intimate sample which has been taken
since then has proved to be unsuitable or
insufficient…

.and in either case,
an officer of Inspector rank or
above
- is satisfied that taking the
non-intimate sample
is necessary to assist in the
prevention or detection of crime
and authorises the taking.

Answer 228

A

A person who has been
convicted outside
England and Wales
of an offence - which if committed
in
England and Wales
would be a qualifying offence
- if both.

Step 1
A non-intimate sample
has not been taken previously
or a sample was so taken
but was unsuitable or insufficient.

Step 2
A police officer of
Inspector rank or above is satisfied
that taking a non-intimate sample
is necessary to assist in the
prevention or detection of crime.

Answer 229

A

Power To Make A Requirement
There is the power to both:
* Make a requirement for a person to attend a police
station to have a non-intimate sample taken - if a
trigger applies; and
* Arrest, without warrant, a person who fails to comply
with the requirement.

Answer 230

A

Window?
The requirement may not be made more than six months
from either:
* The day the investigating officer was informed that the
sample previously taken was unsuitable or insufficient;
or
* For persons whose DNA sample and profile were
destroyed prior to the resumption of the investigation —
the day on which the investigation resumed.

Answer 231

A

Window?
The requirement may not be made more than six months from:
* The day the person was charged or reported - if a sample has not
been taken dunng the course of the investvgation;
* The day the investigating officer was informed that the sample
previously taken was unsuitable or insufficient; or
* For persons whose DNA sample and profile were destroyed prior
to the resumption of the investigation — the day on which the
investigation resumed.

Answer 232

A

Window? - Recordable But Non
Qualifying Offences
The requirement may not be made more than two years
from:
* The day the person was convicted or cautioned if
the sample has not been taken since then; or
* The day the investigating officer was informed that
the sample previously taken was unsuitable or
insufficient.

Window? — Qualifying Offences
Where the offence
for which the person was
convicted or cautioned
is also a qualifying offence
- there is no time limit
for the exercise of this power.

Answer 233

A

Window? - Qualifying Offences
There is
no time limit
for making the requirement.

Answer 234

A

General Rule? - 7+
A requirement for a person to attend a police station to
have a sample taken:
* Must give the person a period of at least seven days
within which to attend the police station; and
* May direct them to attend at a specified time of day or
between specified times of day.

Exception?
An officer of the rank of
Inspector or above
may authorise a
period shorter than 7 days
-if there is an urgent need
-for the person’s sample
-for the purpose of the investigation
of an offence.

Non Intimate Samples - Overview
* Arrest
* Reported
* Charged
* Not guilty by reason of insanity / unfitness to plead*

6 months

Held in custody under the authority of a court’
Convicted I cautioned
Convicted abroad of a qualifying offence

2 years

Qualifying
offences —
open ended

Answer 235

A

The reason for taking the sample;
*The power under which the sample is to be
taken;
The fact that any relevant authority has been
given (if required)..

*That their sample or information derived from it
may be subject of a speculative search against
other samples and information derived from them;
and
* That their sample and the information derived
from it may be retained in accordance with
Annex F, Part (a).

Answer 236

A

The reason for taking the sample;
The power under which the sample is to be
taken;
The fact that any relevant authority has been
given — (if required). ..
That their sample or information derived from it may be
subjected to a speculative search against other
samples and information derived from them;
That their sample and the information derived from it
may be retained in accordance with Annex F, Part (a);
and
If force is used - a record shall be made of the
circumstances and those present.

Answer 237

A

ANSWER:
An officer of the rank of Inspector or above will authorise the taking of an Intimate sample from a non-terrorism detainee.
NB - for a terrorism suspect the rank of authorising officer will shift up to the rank of Superintendent or above.

Answer 238

A

ANSWER:
Authorisation an only be provided if they have reasonable grounds to believe that the intimate sample will tend to either confirm or disprove the suspect’s involvement in the commission of an offence.
Put simply an intimate sample can only be taken for the purpose of gathering evidence.

Answer 239

A

ANSWER:
The Inspector or above can provide their authorisation either:
* Orally; or
* In writing.
Any oral authorisation must be confirmed in writing as soon as practicable thereafter.

Answer 240

A

ANSWER:
No - an intimate sample cannot be taken without the appropriate written consent being obtained beforehand.
Force can never be used to obtain a non-consensual intimate sample.
If force was used without the detainee’s consent - then the following consequences will arise:
* The court is highly likely to exercise its discretion to exclude the sample under the unfairness provisions of section 78 PACE 1984 - (see Exclusion of Evidence module);
* Article 3 ECHR will be breached - (inhuman and degrading treatment);
* The detainee will have been assaulted; and
* The force will be civilly liable.

Answer 241

A

ANSWER:
Please remember that the Police & Justice Act 2017 has resulted in an update to the legal position on who consent must emanate from under Code D.
The position now is that written consent will be provided by:
* 18 or over - Suspect only
* 14 or over but under 18 - Suspect and Parent or Guardian
* Under 14 - Parent or Guardian only.
Put simply the age threshold of an adult for consent purposes has been raised from 17 (as stated in the video which was recorded prior to the law changing) - to the new current threshold of 18.
The consent of a mentally disordered or mentally vulnerable person is only valid if it is given in the presence of an appropriate adult.

Answer 242

A

ANSWER:
The detainee will be asked for their reasons for refusing to consent - which will be recorded and presented before the court.
If they are deemed to have refused without good cause - the court will draw such inferences as appear proper.
Any inference generated cannot of itself prove guilt - corroboration will still be required in order to prove the case beyond reasonable doubt.

Answer 243

A

ANSWER:
Yes - only urine.
You are only allowed to take the piss - leave the rest to the professionals - (i.e. doctor, nurse, paramedic, or dentist).

Answer 244

A

ANSWER:
Yes - where clothing needs to be removed in circumstances likely to cause embarrassment to the suspect - as a general rule the following are not permitted to be present:
* Any person whose presence is unnecessary; or
* Persons of the opposite sex.
However the following persons of the opposite sex are permitted to be present:
* A Registered Medical Practitioner;
* A Registered Health Care Professional; or
* An Appropriate Adult who has been specifically requested and is readily available.

Answer 245

A

ANSWER:
Yes - but only if both:
* The detainee signifies in the appropriate adult’s presence that they do not wish them to observe; and
* The appropriate adult agrees.

Answer 246

A

ANSWER:
Law abiding citizen’s privacy rights are protected under Article 8 ECHR.
Therefore, it will only be permissible to obtain a non-intimate sample from a law-abiding citizen if they agree to waive their privacy rights by providing written consent.
If no consent is forthcoming - then force - reasonable or otherwise cannot be used.

Answer 247

A

ANSWER:
Yes.
Compliance via consent should be sought to obtain a non-intimate sample - as this is a more proportionate means of obtaining the sample - upholding the principles of the HRA 1998.
But if consent is not forthcoming from a person who has had involvement with the criminal process - then reasonable force can be used.
These include the following triggers:
PRE-CONVICTON - (NO INSPECTOR AUTHORITY REQUIRED)
* Arrested;
* Reported;
* Charged; or
* Those found not guilty by reason of insanity / unfitness to plead.
POST-CONVICTION - (INSPECTOR AUTHORITY REQUIRED)
* Convicted / Cautioned / Warned/ Reprimanded;
* Those held in custody under the authority of a court; or
* Those convicted abroad of a qualifying offence.

Answer 248

A

CAN DNA EVIDENCE PROVE GUILT IN ITSELF?
No - in the case R v Deen, The Times, 10 January 1994 of Lord Taylor CJ stated that a positive match between the two profiles does not of itself proof of guilt.
Therefore, DNA evidence alone will not be sufficient for a conviction.
There needs to be other supporting (corroborating) evidence to link the suspect to the crime.

Answer 249

A

Definition?
Any record
produced by any method,
of the skin pattern
and other physical characteristics
or features
of a person’s fingers or palms.

Answer 250

A

Law Abiding Citizens
Privacy shield
2 options

Option 1
Put their shield up
No means no — can’t use force.

Option 2
Throw away their shield
Consent in writing.

Answer 251

A

Exception
Where a person has had involvement with the legal
process:
* Their privacy shield is stripped away;
* No consent is required; and
* Reasonable force can be used where necessary in
the event of a refusal.

3 Stages Where The Privacy
Shield Is Stripped Away
* Pre-arrest;
*Post-arrest; and
*Bail backs.

Answer 252

A

When Can The Power Be
Exercised?
A constable
may take a person’s fingerprints
without their consent
- where both.

Step 1
They reasonably suspect that the person is either:
* Committing an offence;
* Attempting to commit an offence; or
* Has committed an offence.

step 2
.and either:
*The name of the person is unknown and cannot
be readily ascertained by the constable; or
*The constable has reasonable grounds for
doubting whether the name they have provided
is their real name.

Answer 253

A

Where Is The Person Answering
Bail?
No consent is required from a person aged 10 years or
over - who is bailed to appear either at:
* Court; or
* A police station
.if either:

Ground 1
They have answered to bail for a person
whose fingerprints were taken previously
and there are reasonable grounds
for believing that
they are not the same person.

Ground 2
They claim to be a different person
from a person whose fingerprints
were previously taken.

Authorisation?
…and authorisation is provided by either:
*The court; or
*An Inspector or above.

Answer 254

A

A person who is
in police detention
as a consequence of being arrested
for a recordable offence
- and who either..

Permutation 1
Has not had
their fingerprints taken
during the course of the investigation
of the offence.

Permutation 2
Have had their fingerprints taken
- but they were of an
insufficient quality.

Answer 255

A

A person who has been arrested
for a recordable offence
and released
- if the person either…

Permutation 1
Is on bail
and has not had their fingerprints taken
in the course of the investigation
of the offence.

Permutation 2
Has had their fingerprints taken
in the course of the investigation
of the offence
-but they were of an
insufficient quality.

Answer 256

A

A person (whether or not in police detention) -
who has either:
* Been charged with a recordable offence; or
* Been informed they will be reported for a
recordable offence
…if the person either…

Permutation 1
Has not had
their fingerprints taken
in the course of the investigation
of the offence.

Permutation 2
Has had their fingerprints taken in the course of
the investigation of the offence - but either:
* They were of an insufficient quality; or
* The investigation was discontinued but
subsequently resumed and the fingerprints
were destroyed.

Answer 257

A

From a person who has in relation to a recordable
offence been either:
* Convicted; or
* Given a caution in relation to an offence they
admitted
..if since the action was taken — either.

Permutation 1
They have not had
their fingerprints taken
in the course of the investigation
of the offence.

Permutation 2
* They have had their fingerprints taken in the course
of the investigation of the offence - but either:
* They were of an insufficient quality; or
* The investigation was discontinued but
subsequently resumed and the fingerprints
were destroyed.

…and in either case,
an officer of Inspector rank or
above
- is satisfied that taking the
fingerprints
is necessary to assist in the
prevention or detection of crime
and authorises the taking.

Answer 258

A

A person who has been
convicted outside
England and Wales
of an offence
- which if committed in
England and Wales
would be a qualifying offence
- if both.

Step 1
Fingerprints have not
been taken previously, or
fingerprints were so taken
but they were of an insufficient quality.

Step 2
An Inspector or above
is satisfied that taking fingerprints
is necessary
to assist in the
prevention or detection of crime. Requirement
Provisions

Answer 259

A

Power To Make A Requirement
There is the power to both:
* Make a requirement for a person to attend a police
station to have their fingerprints taken - if a trigger
applies; and
* Arrest, without warrant. a person who fails to comply
with the requirement.

Answer 260

A

Window?
The requirement may not be made more than six
months from either:
* The day the investigating officer was informed that
the fingerprints previously taken were incomplete or
below standard; or
* For persons whose fingerprints were destroyed prior
to the resumption of the investigation the day on
which the investigation resumed.

Answer 261

A

Window?
The requirement may not be made more than six months from:
* The day the person was charged or reported — if fingerprints have
not been taken during the course of the Investigation.
* The day the that the
fingerprints previously
plete or below
standard; or
* For persons whose fingerprints were destroyed prior to the
resumption of the investigation — the day on which the
investigation resumed.

Answer 262

A

Window? - Recordable But Non
Qualifying Offences
The requirement may not be made more than two years
from:
* The day the person was convicted or cautioned – if
the fingerprints have not been taken since then; or
* The day the investigating officer was informed that
the fingerprints previously taken were incomplete or
below standard.

Window? — Qualifying Offences
Where the offence
for which the person was
convicted or cautioned
is also a qualifying offence
- there is no time limit
for the exercise of this power.

Answer 263

A

Window? - Qualifying Offences
There is
no time limit
for making the requirement.

Answer 264

A

General Rule? - 7+
A requirement for a person to attend a police station to
have their fingerprints taken:
* Must give the person a period of at least seven days
within which to attend the police station; and
* May direct them to attend at a specified time of day or
between specified times of day.

Exception?
An officer of the rank of
Inspector or above
may authorise a
period shorter than 7 days
-if there is an urgent need
for the person’s fingerprints
for the purpose of the investigation
of an offence.

Fingerprints
* Arrest
* Reported
* Charged

6 months

Convicted / cautioned
Convicted abroad of a qualifying
offence

2 years
Qualifying
offences —
open ended

Answer 265

A

*The reason their fingerprints are to be taken;
*The power under which they are to be taken; and
* The fact that any relevant authority has been
given (if required). ..

That their fingerprints may be subject of a
speculative search against other fingerprints;
and
That their fingerprints may be retained - unless
they were taken under the away from the police
station power to ascertain a suspect’s identity
when they must be destroyed after they have
being checked.

Answer 266

A

What Must Be Recorded?
*The reason for taking the fingerprints;
* The power under which the fingerprints are
taken;
* The fact that any relevant authority has been
given (if required)..

That their fingerprints and information derived
from it may be subject of a speculative search
against other fingerprints;
*That their fingerprints may be retained - unless
they were taken under the away from the police
station ower to ascertain a suspect’s identity
when t ey must be destroyed after they have
being checked; and
If force is used - a record shall be made of the
circumstances and those present.

Answer 267

A

How Many Years Experience?
3
A witness giving expert opinion evidence
in respect of fingerprint evidence
must have at least 3 years’ experience
to be deemed suitably qualified.

Answer 268

A

ANSWER:
Law-abiding citizen’s privacy rights are protected under Article 8 ECHR.
Therefore, it will only be permissible to obtain fingerprints from a law-abiding citizen if they agree to waive their privacy rights by providing written consent.
If no consent is forthcoming - then force - reasonable or otherwise cannot be used.

Answer 269

A

ANSWER:
Yes.
Compliance via consent should be sought to obtain fingerprints as this is a more proportionate means of obtaining the fingerprints - upholding the principles of the HRA 1998.
But if consent is not forthcoming from a person who has had involvement with the criminal process - then reasonable force can be used in the 3 following situations.
* Pre-arrest;
* Post-arrest; and
* Bail back situations.

Answer 270

A

ANSWER:
A constable must reasonably suspect that the person is either:
* Committing an offence;
* Attempting to commit an offence; or
* Has committed an offence.
Note that the mental element of the officer is suspicion.

Answer 271

A

ANSWER:
The constable must suspect that either:
* The name of the person is unknown and cannot be readily ascertained by the constable; or
* The constable has reasonable grounds for doubting whether the name they have provided is their real name.

Answer 272

A

ANSWER:
Yes.
Compliance via consent should be sought to obtain a fingerprints following arrest - as this is a more proportionate means of obtaining the fingerprints - upholding the principles of the HRA 1998.
But if consent is not forthcoming then reasonable force can be used.
The post arrest triggers that justify the taking of non-consensual fingerprints are very similar to those previously highlighted for the taking of non-intimate samples and include:
PRE-CONVICTON - (NO INSPECTOR AUTHORITY REQUIRED)
* Arrested and in police detention;
* Arrested and released on bail;
* Reported; or
* Charged.
POST-CONVICTION - (INSPECTOR AUTHORITY REQUIRED)
* Convicted / Cautioned / Warned/ Reprimanded; or
* Those convicted abroad of a qualifying offence.

Answer 273

A

ANSWER:
The overriding principle that permits the taking of non-consensual fingerprints in bail back situations is that it is believed that the person answering bail is a different person to the individual who was bailed from custody - i.e. an impostor is answering bail on their behalf.
Therefore, non-consensual fingerprints can be obtained from the person answering bail to compare against fingerprints previously taken from the individual who was bailed out from custody.
The 2 triggering situations are:
* A person has answered to bail for a person whose fingerprints were taken previously and there are reasonable grounds for believing they are not the same person; or
* The person answering bail claims to be a different person from a person whose fingerprints were previously taken.

Answer 274

A

A - PERSONS WHO HAVE BEEN ARRESTED REPORTED OR CHARGED WITH A RECORDABLE OFFENCE
Yes - both fingerprints and DNA samples taken from persons either arrested, reported or charged with a recordable offence may be subjected to a speculative search of records held by the police or other law enforcement agencies located both inside and outside the UK.

B - PERSONS WHO HAVE NOT BEEN ARRESTED REPORTED OR CHARGED WITH A RECORDABLE OFFENCE
Fingerprints and DNA samples taken from persons who have NOT been either arrested, reported or charged with a recordable offence may ONLY be subjected to a speculative search of records if written consent is provided.

Answer 275

A

Law Abiding Citizens
Privacy shield
2 options

Option 1
Put their shield up
No means no — can’t use force.

Option 2
Throw away their shield
Consent in writing.

Answer 276

A

Exception
Where a person has had involvement with the legal
process:
* Their privacy shield is stripped away;
* No consent is required; and
* Reasonable force can be used where necessary in
the event of a refusal.

Situations Where The Privacy
Shield Is Stripped Away
No consent is required from a person either:
* Arrested;
* Charged;
* Informed that they will be reported
.for a recordable offence who is in police detention…

..if they either:
* Have not previously provided a footwear impression
during the course of the investigation; or
* Have previously provided a footwear impression —
but it was either:
* Incomplete; or
* Insufficient for analysis.

Answer 277

A

2 Points
The person must be notified of both:
* The reason for taking the footwear impression;
and
* That their footwear impression may be retained
and be subjected to a speculative search.

Answer 278

A

2 Facts
A record shall be made of both:
* The warning provided to the person in relation to
subjecting the footwear impression to a speculative
search; and
* The reasons for taking any footwear impression
without the suspect’s consent.

Answer 279

A

ANSWER:
The triggers that permit the taking of a non-consensual set of footwear impressions from a detainee include:
* Persons arrested and in police detention;
* Persons charged and in police detention; and
* Persons who have been informed that they will be reported who are in police detention.

Answer 280

A

What Action Can Be Taken?
* Search
* Examination

Who Can Be Searched Or
Examined?
Detainee
Volunteers

Where Can They Be Searched Or
Examined?
Only at a police station

Premise For Searching Or
Examining?
In order to establish either of 2 facts.

Fact 1 - Offence
To establish whether they have any:
* Marks;
* Features; or
* Injuries
..that would tend to identify them as a person involved in the
commission of an offence; and
.to photograph any identifying marks.

Fact 2 - Identity
To establish their identity.

Can The Search Or Examination
Take Place Without Consent?
Inspector or above authority.
Reasonable force may be used where necessary.

How Must Authority Be Provided?
* Orally; or
* In writing.
If given orally - the authorising officer must confirm in writing
ASAP thereafter.
A separate authority is required for each purpose that applies.

Grounds For A Search Or
Examination Without Consent Under
Fact 1 (Involvement In An Offence)?
* Consent has been withheld by the detainee; or
* It has not been practicable to obtain the detainees
consent.

Grounds For A Search Or
Examination Without Consent Under
Fact 2 (Identity)?
* The detainee has refused to identify themselves; or
* The authorising officer has reasonable grounds for
suspecting that the person is not who they claim to
be.

Permitted Extent Of The Search?
The search or examination must not extend beyond
what is necessary for the purpose of the search.

Answer 281

A

What Are Identifying Marks?
Any marks that assist in establishing:
* The detainee’s identity; or
* The detainee’s identification as a person involved in
the commission of the offence.

Can They Be Obtained Without
Consent If Consent Is Not
Forthcoming?
Yes
If either:
* Consent is withheld; or
* It is not practicable to obtain consent.
Reasonable force may be used where necessary.

Who May Search Examine Or
Photograph The Detainee?
A police officer of the same sex.

Can Genitals Be Exposed In Order To
Examine Or Photograph The
Detainee?
Yes
Provided the safeguards specified for strip searches
are adhered to.

Purposes For Which Photographs
Taken Of Identifying Marks Can Be
Used Or Disclosed Thereafter?
Prevention or detection of crime.
The investigation of offences or the conduct of prosecutions
by or on behalf of police or other law enforcement and
prosecuting authorities either:
* Inside the UK; or
* Outside the UK.

Same Rules For Volunteers At A
Police Station?
Nearly!
2 differences

Difference 1
Force cannot be used in the event of a
refusal.

Difference 2
Photographs of the volunteer of their identifying marks must be
destroyed unless the volunteer is subsequently:
* Charged with a recordable offence;
* Is informed they will be reported for a recordable offence;
* Is prosecuted for a recordable offence;
* Is cautioned, warned, or reprimanded for a recordable offence; or
* The volunteer gives informed consent in writing for the image to be
retained.

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