Identification Procedure Flashcards

1
Q

What is ID procedure?

A

V or witness to the offence are able to visually identity the suspect

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2
Q

What procedures does the police have to comply with when obtaining ID evidence?

A

Code D

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3
Q

When should ID procedure be held?

A

Whenever a witness:
(a) has identified or purported to have identified a suspect
OR
(b) thinks they can identity the suspect or there is a reasonable chance that the witness in identify the suspect and the suspect disputes being the person the witness claims to be

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4
Q

When it is NOT necessary to hold ID procedure?

A

(a) suspect admits being at the scene at crime & gives account that does not contradict what the witness saw
AND
(b) when the witness already knows the suspect

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5
Q

What is the purpose of the ID procedure?

A

To test the reliability of the eyewitness identification

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6
Q

What are the 4 types of ID procedures?

A
  • Video identification
  • Parade identification
  • Group identification
  • Confrontation by a witness
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7
Q

whats the order of ID procedures that should be conducted initially according to Code D?

A

1st - Video
2nd - Parade
3rd - Group
4th - Confrontation

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8
Q

.Photograph?

A

Witness describes the suspect then police will show photos of previous convicts

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9
Q

How many photos does police have to show the witness to comply with code D?

A

At least 12 at a time

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10
Q

Is an identification procedure necessary if witness has recognised the suspect from a photo?

A

Yes

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11
Q

What must the suspect or solicitor be notified?

A

Witness was shown photos or computerised or artist composite of suspect

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12
Q

When case comes to trial what must the witness not do (not allowed)?

A

That they originally identified the suspect from photo shown to them

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13
Q

What must the witnesses NOT do before ID procedure?

A

Witnesses must not he able to:
- Communicate with each other about the case
- see any of the images which are to be shown
- see or be reminded of the identity suspect
- overhear witness who has already seen the material

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14
Q

How manly images must the witness see for video ID?

A

At least 8 but if 2 suspects of roughly similar appearance then at least 12

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15
Q

What must the suspect and other participant in ID procedure have in common?

A

Participants must resemble suspect:
- are, height, position in life

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16
Q

What ID procedure can the police NOT compel/force a suspect to take part in?

A

Video and parade

17
Q

Who is responsible for running ID procedure?

A

ID officer (officer not below the rank of inspector), investigation officer have NO involvement/

18
Q

What must the solicitor be provided by the police before parade and video?

A

Details of the first description of the suspect given by the witness

19
Q

The investigation officer will have involvement in the conduct of the ID procedure.

True or false?

A

False, code D states no officer will take part in ID procedure

20
Q

If suspect is picked out after they have been asked to speak (group parade) whilst this evidence is admissible the judge will give very strong warning to the jury to treat evidence with utmost causation

A
21
Q

Which of the ID procusedures requires consent from suspect?

A

Video
Parade