Identification: PACE Code D Flashcards
Identification is set out through PACE Code D and these are largely divided into two key areas:
- Occasions where the identity of the suspect is known.
2. Occasions where the identity of the suspect is not known.
What usually happens in cases when the suspect’s identity is not known?
- A witness may be taken to a particular place to see if they can identify the person they saw. This is called a scene or street ID.
- Every care must be made not to direct the witnesses attention towards anyone in particular (this does not prevent the officer from directing the witness to look carefully at a group or particular direction).
- When there is more than one witness, every effort should be made to keep them seperate.
Give an example of scene identification (when the suspect’s identity is not known)
Stefan has been assaulted in a bar. His friend Gwyn witnessed this and has taken Stefan outside where they are speaking to the police.
Gwyn gives a first description as a white male, 20s, with glasses and a shaved head. This description fits a number of persons within.
Officer Jones returns t the bar with Gwyn who after 3 minutes points out the offender who is arrested.
What things need to be noted down by the officer following a scene identification?
- Date, time and place of the relevant occasion the witness claims to have previously seen the suspect.
- That an identification was made.
- How it was made.
- How clear the identification was? (think weather/ lighting).
- How the witnesses attention was drawn to the suspect.
- Anything said by the witness.
What is a WADS procedure?
Witness Album Display
This is another method of identifying a person when the suspect’s identity is not known.
A sergeant or above shall supervise and direct the showing of photographs in a WADS album although it can be carried out by a PC or civilian.
The first description must have been recorded and then one witness shall be shown 12 photographs and be informed that the suspect’s picture may or may not be present.
Question: Sarah had just witnessed a nasty fight in a pub where a person had been glassed. She had an unobstructed view of the attack and the offender. Sarah is describing the offenders clothing when she looks up and sees the same man talking to an officer a short distance away. She shouts, “that’s him, he is the one who threw the bottle”. You approach the suspect and arrest him for GBH. You are, however, concerned because you did not have time to note down the first description.
Is this a problem in these circumstances?
- No, in these circumstances it is not practicable for a record to have been made prior to the identification.
- R v El-Hinnachi outlines identical circumstances where a group of men (containing the offender) were stopped by different officers a short distance away. They were not known suspects prior to the stop and as such the identification was perfectly acceptable.
Question: Mary had caught an intruder in her house and has called the Police. She describes him as wearing an orange jacket. Other officers are searching when they discover a male in Mary’s shed wearing an orange jacket. They bring him out and take him to Mary who says, “that’s him, that is the little bugger who broke in”.
Have the officers acted correctly in bringing him to Mary for an identification?
- Yes, they have acted correctly,
- R v Oscar 1991 describes that when the defendant was arrested near the victim’s house following an attempted burglary that owing to the matching of the description of the clothing, an immediate confrontation was perfectly acceptable and no identification parade was required.
Question: Sergeant Harris is carrying out a WADS procedure with Sally, the first witness to a robbery. Sergeant Harris has inserted Ted, a criminal recently released from prison and who is known for similar offences. Sally looks at the 12 photographs and immediately points to Ted as the offender. Sergeant Harris wants to be sure so takes the same WADS to Mary, the second witness who again picks out Ted.
Has Sergeant Harris acted correctly?
- No, he has not.
- Sally has made a clear positive ID. Once this is made NO OTHER WITNESSES WILL BE SHOWN PHOTOGRAPHS.
- By showing the album to Mary, Sergeant harris has seriously compromised any future identification procedures.
For the purpose of identification, a suspect is ‘known’ if…
There is sufficient information for police to arrest the suspect on suspicion of the offence.
They also need to be ‘available’ when it comes to identification procedures, this means immediately available or will be ina reasonably short time.
Also that they are willing to take an effective part in at least one fo the identification procedures.
Identification when the Suspect is Known
What are the three types of identification procedures that can be carried out:
- Video Identification
- ID Parade
- Group Identification
What is Video Identification?
The witness is shown moving images of a suspect, together with images of others who resemble the suspect.
What is an Identification Parade?
A traditional lineup.
What is Group Identification?
When the witness is directed to look at an informal group of people to identify the suspect.
Video Identification (General Information)
- The arranging and supervising of the video identification must be undertaken by an Identification Officer who has NO INVOLVEMENT in the case.
- The film must contain at least 9 persons including the suspect.
- The persons must resemble the suspect in general appearance, age, height and position in life.
- Only one suspect will appear at the time unless the suspects resemble each other and then there will be a minimum of 12 other persons in the film.
- The suspect and the other persons will be filmed undertaking the same activity, or position as best as possible.
- Every person will have an ID number.
- When police are filmed all numbers and ID badges will be hidden.
- When a prison inmate is filmed all person must be dressed in prison uniform or all not in a prison uniform.
- No un-authorised persons must be present.
Video Identification (Solicitor Information)
- Before the film is shown to witnesses the suspect, solicitor, friend or appropriate adult must be given a reasonable opportunity to view it first.
- The suspect’s solicitor must be given reasonable notification of the time and place that the video identification will take place so they can attend.
- When the film is shown to witnesses and there is no solicitor present then the procedure MUST be filmed.
- If the solicitor has an objection to the video or any persons within, reasonable steps should be made to remove the objection, if this cannot be done then it must be explained to the suspect and both the objection and reason recorded.
- The suspect and solicitor will be supplied with information/ material released to the media unless it would cause unreasonable delay of the viewing.
Video Identification (The Viewing Itself)
- No witnesses should speak before a viewing or be put in a position where they could over hear.
- The IO must not discuss the makeup of the film with a witness.
- Nor if a previous witness has made an ID.
- Only one witness shall view at a time.
- That the suspect may or may not be in the video.
- The witness is told that they should watch the film at least twice before making their decision and any part can be paused or rewatched.
- After watching twice the IO will ask them to make an ID then show it once more for them to confirm the ID.
- The IO must make every care not to reveal the suspects identity.
- If a witness has made a previous ID through photo-fit or similar then they must not be reminded of the description when the suspect is available for ID.
- If the film has been released to the media, the IO will ask the witness if they have seen it and mark their reply.
Question: Ron is the Viper Officer. he is about to conduct a Viper capture of Harry but notices that Harry has a distinctive lightening shaped scar across his forehead. Ron does not believe he can replicate this, so makes the decision that they will use still images instead of moving ones.
Does Ron have the right to decide this?
- Yes, he can.
- There are two times that still images can be used:
- When the suspect is known but not available.
- If the identification officer does not believe that a physical feature cannot be replicated or concealed on the image of the suspect.
Question: The IO is carrying out the identification procedure with the witness. As the video moves onto the suspect, the IO says “Now I want you to have a good long hard look at this person”. The solicitor objects stating that the IO has not said this on any other person in the parade.
Is the Solicitor right to object?
- Yes, he is right to object.
- The IO must take care not to reveal the identity of the suspect. The comment has had made could be construed to highlight the suspect and as such could have a detrimental effect on the identification procedures.
