Identification of Offenders

Question 1

EA2006 S46A-Caution required when relying on ID evidence

Answer 1

Where evidence of defendants involvement is based solely on evidence of ID and the defendant disputes this-the court must be cautious about convicting

Question 2

EA2006 S126-Judge must warn jury

Answer 2

If a case against the defendant depends wholly or partly on visual or voice ID of defendant, the judge must warn the jury of a special need for caution when finding the defendant guilty

Question 3

Health and Safety at Work Act 2015-Maximising Safety and Minimising Risk

Answer 3

Responsibility of all Police employees is to Maximise Safety and Minimise Risk at work. A key enabler is the application of TENR.

Question 4

Definition of Visual identification Evidence is?

Answer 4

Means evidence that is: an assertion by a person, based wholly or partly on what that person saw, to the effect that a defendant was present at or near a place where an act constituting direct or circumstantial evidence of the commission of an offence was done at, or about, the time the act was done OR an account whether oral or written of an assertion of the kind described above. EA2006 S4

Question 5

EA2006 S45-Admissibility of visual identification evidence

Answer 5

A formal identification procedure should be used to obtain visual identification evidence unless there is good reason not to. The reason must be presented to the court or the evidence may be excluded on grounds of fairness.

Question 6

What are formal visual identification procedures?

Answer 6

Formal visual identification procedures include; ID parades and photo line ups.

Question 7

What are the seven requirements for formal procedures?

Answer 7

1. It occurs as soon as practicable after the offence is reported
2. the suspect id compared to no fewer than 7 others, who are similar in appearance
3. No indication is made to the person making the identification about who may be the suspect
4. Person making ID is informed the suspect may or may not be in the procedure
5. A written record of the procedure followed is sworn to be true and complete by the officer conducting the procedure
6. A pictorial record of the procedure followed is sworn to be true and complete by the officer conducting the procedure
7. The procedure complies with any relevant regulations

Question 8

What are 6 good reasons for not following formal procedure?

Answer 8

1. the suspect refuses to take part in a formal procedure and police do not already hold a photograph
2. the suspect has a singular appearance
3. the suspect has significantly changed their appearance after the offence occurred
4. No officer could have reasonably anticipated that ID would be an issue at trial
5. A ID of the suspect was made to an officer soon after the offence in the course of initial action
6. An ID of the suspect was made to an officer after a chance ,eating between person making the ID and the suspect

Question 9

If you do not follow a formal ID procedure you must?

Answer 9

Explain on the prosecution file why it was not possible

Question 10

Give an example of inadmissible ID Evidence

Answer 10

Set ups are inadmissible- ID evidence from engineering a suspect into a certain place at a certain time is inadmissible

Question 11

What are the rules for attendance at an ID parade?

Answer 11

• No person charged with an offence can be compelled to attend an ID parade. if they refuse to attend no comment can be made.
• Any person charged with an offence who attends an ID parade is entitled to have their lawyer present
• An accused must be advised of their rights in relation to ID Parades

Question 12

Photo line ups and ID parades are similar in what way?

Answer 12

They are both equally valid formal identification procedures. if a suspect refuses one, they may be asked to participate in the other.

Question 13

Who can conduct an ID parade?

Answer 13

It should be conducted by an employee with the position of Sergeant or Senior Sergeant. The O/C case can be present but must not take part

Question 14

Define Voice identification evidence

Answer 14

means evidence that is an assertion by a person to the effect that a voice, whether heard first hand or through mechanical or electronic transmission or recording is the voice of the defendant or any other person connected to the commission of an offence

Question 15

Is Voice Identification evidence admissible in court?

Answer 15

It is inadmissible, unless the prosecution can prove on the balance of probabilities that the circumstances giving rise to the ID were reliable

Question 16

Why is it important to obtain statements describing offenders/suspects?

Answer 16

It is admissible in court and if a witness;

• varies evidence because their memory fails, the statement can be admitted as evidence
• the witness is declared hostile, the statement can become admissible
• the witness dies before court proceedings, the statement is admissible as hearsay evidence

Question 17

If a fingerprint is relied on for evidence, the suspect must be?

Answer 17

fingerprinted at the time that they are arrested for the offence. if the suspect is already in prison for another offence the fingerprinting must be arranged