Identification Flashcards
Code D PACE
While a def cannot be convicted on ID where witness is NOT QUITE CERTAIN, it may be admissible to support the case.
Breach of CODE D not nec = evidence excluded under s. 78 PACE but court will consider effects of any breach on the fairness of any subsequent proceedings.
ID procedures (can incl. aural not just visual) to test witnesses ability to ID suspect and provide safeguards against mistaken ID.
ID by Police by film, photograph, image, f/prints, Footwear, DNA, marks, scars, tattoos.
C/not take f/prints, DNA purely for 136 purposes.
Part A refers to eye witnesses, Part B refers to other witnesses making identification.
Scene ID’s;
Obt eye witnesses record of 1st description b4 ID procedure.
Keep eye witnesses apart where possible
Must record date, time, place of relevant occasion when eye witness saw def. Where ID was made, weather conditions, reason witness drawn to suspect, comments on procedure.
When suspect ID ‘known’ revert to VIPER following arrest. Video, Group, Parade.
Video ID - OIC in consult. ID officer. Video ID always preferred.
Custody sgt can be ID officer to expedite proceedings.
Can do covert Video and group ID if no consent. Incl Juveniles if parents d/not consent.
Confrontation d/not require def consent. Last resort ID.
Must destroy photos unless, charged, cautioned, warned, reprimanded or prosecuted for recordable offence or give consent to retain in writing.
Def can witness destruction of photo or have certificate of proof w/in 5 days of being informed.
Part B - controlled viewing of images by Non eye witness ID. eg Police officer
Arrangements by OIC.
Not able to communicate with others who have seen image.
Not reminded of def by use of other images
Not informed if others have ID’d suspect
Must review images 2 x b4 making positive ID unless not practicable.
If claim to know suspect MUST RECORD ASAP
- reason
- words recognition
- any expressions of doubt
- features of the image or the individual triggered the recognition.
Part C - Uncontrolled viewing of images
Copy supplied to def BEFORE ID viewing by eye witness.
Eye witness asked AFTER procedure if they have seen other images.
In course of inv. must provide consent (in writing if at PS) to taking of fingerprints.
If aged >10 and arrested/charged/RFS/bailed for recordable offence can take w/out consent even if not in detention. 6 months time limit.
if answer bail at court or PS and reas. grounds to bel not the def. court or Insp can auth f/prints to be taken w/out consent (oral but writing asap) at court or PS.
If cautioned/convicted insp can auth if nec to assist in prevention or detection of crime. w/out consent. If qualifying offence u/lim but if not qualifying offence = 2 yrs limit. incl convictions o/s England & Wales which would constitute qualifying offence.
If PC reas. suspects person is/has/att commit any offence and name u/known or reas grounds for doubting name can take f/print w/out consent.
KIV f/prints taken under this power not regarded to have been taken in course of inv.
If take w/out consent 2 x (and still not sufficent) cannot request 3rd time to attend stn unless insp auth with recorded rationale.
Can arrest for fail to comply. W/out consent can be taken with force. Must remind def reason taking prints, powers, any rel authority.
with or w/out consent must be inf, subject to spec search and retained in accordance with annex F unless destroyed after check.
Can take footwear impressions w/out consent if arrested/Charged/RFS for recordable offence. Must inform def reason impression is being taken and will be subject to spec search. Can use force.
F/print expert >3yrs experience.
Secretary of state can require officer to obt applicants f/prints as specified stn and time officer directs. Prints must be destroyed once id by secretary of state. Applicant can witness this. 3 mths to issue cert of destruction. If < 18yrs need parent/guardians consent as well.
Detainee can be searched/examined/photographed for marks/features that would ID them as involved in offence or to est ID. Insp auth w/out consent orally but writing ASAP. Can use reas. force. Should only include removal of outer clothing o/wise strip search.
Can remove face/head coverings to obt photos using reas. force.
Intimate samples - dental impression, blood, semen, swabs from body orifice other than mouth, pubic hair, genitals.
Non-intimate samples - hair (plucked) nail or under nail, swabs except intimate areas as above, saliva, skin impression but not f/print.
In using samples to prove match prosecution will given evidence of:
probability of such a match happening by chance
likelihood that person resp. was def.
Courts can consider partial/incomplete DNA hits.
Can request non intimate samples within 6 mths of caution/conviction/bail.
Hair samples - Def should have choice where from and pluck 1 at a time.
Drug testing samples cannot be used in inv.
Video Identification;
incl 8 or more other people resemble same age and appearance.
Only one suspect in each set unless they look alike then will need 12 other persons in video.
Identification officer can chose to conceal specific features. If witness wishes to view them it is at identification officers discretion.
KIV police officer suspects and serving prisoners re hide names, collar numbers, same clothing etc.
Def, sols and friend can view images b4 witnesses.
Sols can be present during viewings if ID officer auth. Can make reps to Insp.
No limit on number of times view images but b4 make decision must view 2 x.
Cannot be reminded of any suspect details.
If witness wants to change mind after viewing but b4 speaking to others, Identification officers discretion to record details or allow 2nd viewing but alter image locations.
Identification Parades:
Can have sols/friend present.
If behind screen sols/friend/AA must be present unless procedure video recorded.
Can conduct parades in prison with MOP if possible.
incl 8 other people, or 12 if two suspects.
Can conceal specific features. Def can chose own position in line. Can change position each time.
witness can ask to remove items, stance changes and speak.
suspect can make comment after last witness has left.
Group ID:
Overt or covert.
Colour photo/video required of scene after ID took place.
If two suspects, two separate group ID’s but can be one after another at same location.
If witness picks out MOP can ask for name and DOB but do not have to provide.
If covert w/out consent, no right for sols/friend to be present.
Confrontation:
C/not use force to make suspects face visible to witness.
Must take place in presence sols/AA/friend unless this would unreasonably delay proceedings.
If screened room used must permit sols/friend/AA present.
Photo ID :
Sgt + must supervise and direct. Another can actually show photos. OIC must provide first description to SGt. If not obt, photo viewing must be delayed.
12+ photos.
If ID made - revert to VIPER. The witness can attend VIPER.
Photo album must be retained even if no ID made.
IF PC views CCTV, photos on intel system and makes ID, must record what stood out and conditions (alone?) in which viewed images.
Destruction of samples;
DNA samples destroyed w/in 6 months of taking unless required for evidence, then CPIA rules apply.
DNA profiles and f/prints;
- if convicted/cautioned for recordable/qualifying offence = Indefinite
- if convicted/cautioned for recordable/non qualifying offence = adult indefinite
= juv 5yrs plus length sentence (1st offence)
indefinite if sentence 5+ yrs of 2nd offence.
charged but not convicted = 3yrs (+2yr ext if granted by District Judge). Indefinite if has pre cons for recordable non excluded offence.
Arrested but not charged 3yrs if granted by Biometrics Commissioner (w/in 28 days of NFA decision) then rest as above.
Arrested/charged with recordable non qualifying offence = NO RETENTION u/less pre con recordable non excluded offence.
PND disorder = 2yrs
C/NOT take DNA for non recordable offence.
Qualifying offence incl sexual, violent, TACT, burglary
Excluded = recordable offence committed when def <18yrs and sentence <5 yrs.
If f/prints DNA ready for deletion, must be subject to speculative search first. Delete if no matches, retain under CPIA if match.
Chief can request ext of retention period if necessary for prev/det crime.
Can retain footwear impression for as long as necessary for prev/det crime, inv of offence, conduct of a prosecution.
Requirement for person to attend PS for fingerprints and samples;
- Be given at 7 days to attend.
- can direct specific time of day or bt times.
- Insp can reduce 7 day time scale if urgent
If d/not consent need Insp authority.
