Identification Procedure Flashcards
What is ID procedure?
V or witness to the offence are able to visually identity the suspect
What procedures does the police have to comply with when obtaining ID evidence?
Code D
When should ID procedure be held?
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
When it is NOT necessary to hold ID procedure?
(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
What is the purpose of the ID procedure?
To test the reliability of the eyewitness identification
What are the 4 types of ID procedures?
- Video identification
- Parade identification
- Group identification
- Confrontation by a witness
whats the order of ID procedures that should be conducted initially according to Code D?
1st - Video
2nd - Parade
3rd - Group
4th - Confrontation
.Photograph?
Witness describes the suspect then police will show photos of previous convicts
How many photos does police have to show the witness to comply with code D?
At least 12 at a time
Is an identification procedure necessary if witness has recognised the suspect from a photo?
Yes
What must the suspect or solicitor be notified?
Witness was shown photos or computerised or artist composite of suspect
When case comes to trial what must the witness not do (not allowed)?
That they originally identified the suspect from photo shown to them
What must the witnesses NOT do before ID procedure?
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
How manly images must the witness see for video ID?
At least 8 but if 2 suspects of roughly similar appearance then at least 12
What must the suspect and other participant in ID procedure have in common?
Participants must resemble suspect:
- are, height, position in life