Identification of Offenders Flashcards
What is the main focus of the ‘Identification of Offenders’ section?
Outlines the law and procedures relating to the identification of offenders
This includes formal visual identification procedures, handling refusals, and identification through statements, fingerprints, and DNA.
What must the court be cautious about when convicting based on identification evidence?
The court must be cautious if the evidence of the defendant’s identity is disputed and relies principally on that evidence (s46A Evidence Act 2006)
This caution is necessary to ensure that convictions are not based solely on potentially unreliable identification.
What does the term ‘visual identification evidence’ refer to?
‘Visual identification evidence’ means evidence based on what a person saw, asserting the presence of a defendant at or near a crime scene
This can include oral or written accounts of such assertions (s4 Evidence Act 2006).
What are the admissibility criteria for visual identification evidence?
Evidence is admissible if a formal procedure is followed or if there’s good reason not to follow it, unless proven unreliable
If no formal procedure is followed without good reason, the evidence is inadmissible unless reliability is proven beyond reasonable doubt (s45 Evidence Act 2006).
What are examples of formal visual identification procedures?
- ID parades
- Photo line-ups
What are the seven requirements for a formal identification procedure?
- Conducted as soon as practicable
- Compared to no fewer than seven similar others
- No indication of the suspect to the identifier
- Informer told the suspect may not be present
- Written record sworn by the conducting officer
- Pictorial record certified by the conducting officer
- Compliance with relevant regulations
These requirements ensure the fairness and reliability of the identification process (s45(3) Evidence Act 2006).
What are the six good reasons for not following a formal identification procedure?
- Suspect refuses participation without a true likeness
- Suspect has a singular appearance
- Substantial change in suspect’s appearance
- No anticipation of identification issues by officers
- Immediate identification made post-offence
- Identification made after a chance meeting
These reasons must be documented and justified to the court (s45(4) Evidence Act 2006).
What must be done if a formal identification procedure is not followed?
An explanation must be provided on the prosecution file detailing why it was not possible.
Are set-ups for identification admissible in court?
No, identification evidence from engineered scenarios is inadmissible.
Can a person charged with an offence be compelled to attend an identification parade?
No, they cannot be compelled to attend an identification parade
If they refuse, no adverse comments can be made against them (s344B Crimes Act 1961).
What must witnesses not be allowed to do before an identification parade?
Witnesses must not see the suspect before the parade.
What should be included in the written record after an ID parade?
- Time, date, and place of the parade
- Name of the witness
- Details of participants
This record must be sworn and placed on the prosecution file.
What is required when creating a photo line-up?
The photo line-up must include photographs of no fewer than seven people similar in appearance to the suspect.
What can compromise the quality of a photo line-up?
Poor image quality, incorrect sizing, and inappropriate backgrounds
Solutions include cropping images, adjusting tonal ranges, and ensuring the candidate’s image is not in the first or last position.
What should be done if a witness cannot face the participants directly during an ID parade?
Use a one-way glass viewing facility if available.
What must be done if a witness indicates a person but cannot positively identify them?
This must be recorded.
What information must the prosecutor provide if requested by the defendant regarding identification witnesses?
- Name and address of each identification witness
- Each witness’s written description of the offender
- Copy of any identikit picture or drawing
The judge may excuse the prosecutor from providing this information for witness protection (s14A Criminal Disclosure Act 2008).
What should be avoided when selecting backgrounds for a candidate’s image?
Replacing backgrounds by selecting filler images from stations that share a similar background shade to that of the candidate.
What is the requirement for line-ups when there are two or more offenders?
Put each offender into a separate line-up.
What is the format for saving a line-up?
NIA ID number for the candidate [space] your station code [space] your QID.
What must be done if a line-up is subject to a challenge?
The creator of any line-up may be required to give evidence.
What are the two options for conducting a photo line-up?
- Printed copy showing all eight images on one page
- 1:1 sequential viewing using the ‘Witness View’ option in Photo Manager.
What should be kept out of sight during a photo line-up?
All names of people in the photos and other indications of identity.
What is the first step after a witness completes the identification procedure using Photo Manager?
The witness completes the Witness Record of Procedure that is automatically generated by Photo Manager.
