Identification Procedure Flashcards
According to Code D, when does an identification by an eye-witness arise?
When a witness who has seen
the offender committing the crime is allowed to identify a person suspected of involvement in the offence in a video identification, identification parade or similar procedure.
What record must the police keep under Code D, para 3.1?
The police must keep a record of the suspect’s description as first given to them by a potential witness.
What must the police give to the suspect or solicitor before any form of identification procedure?
A copy of the suspect’s description as first given to the police by a potential witness.
When must an identification procedure be held?
A witness has identified or purported to have identified a suspect.
A witness thinks they can identify the suspect, or there is a reasonable chance that the witness can identify the suspect, and the suspect disputes being the person the witness claims to have seen.
A witness to a crime has purported to identify the suspect in the street sometime after the crime was committed.
If the officer in charge of the investigation considers it would be useful.
Under Code D, para 3.12, what are the two examples of when it would not be necessary to hold an identification procedure?
When the suspect admits being at the scene of a crime and gives an account which does not contradict what the witness saw; and
When it is not disputed that the suspect is already known to the witness.
What are the four different types of identification procedures?
Video identification;
An identification parade;
A group identification; and
Confrontation by a witness.
What is the default identification procedure?
Video identification
When shouldn’t a suspect be offered a video identification procedure?
A video identification is not practicable;
An identification parade is both practicable and more suitable than a video identification; or
The officer in charge of the investigation considers that a group identification is more
suitable than a video identification or identification parade, and the identification officer considers it practicable to arrange a group identification.
What is the procedure when a witness is shown photographs?
Before a witness is shown any photographs, that witness’ first description of the suspect must
have been recorded.
The witness must be shown at least 12 photographs at a time.
As soon as a witness makes a positive identification from photographs, no other witnesses should be shown the photographs.
The witness who made the identification and any other witnesses should then be asked to take part in one of the identification procedures.
If the case subsequently comes to trial, when giving evidence the witness will not be allowed
to say that they originally identified the suspect from photographs shown to them by the police.
Who makes the decision on which type of procedure is offered to the suspect?
The investigating officer in conjunction with the identification officer.
What are the requirements for the images used in a video identification procedure?
The images must include the suspect and ‘at least eight other people who, so far as possible,
resemble the suspect in age, general appearance and position in life’
Where two suspects of roughly similar appearance are shown in the same images, they must be shown together with at least 12 other people.
The images that are shown to the witness must show the suspect and the other people in the
same positions or carrying out the same sequence of movements
If a suspect has any unusual features (such as a facial scar, a tattoo or distinctive hair style
or colour) which do not appear on the images of the other people, the police may take steps
to conceal those features on the video or to replicate those features on the images of the
other people.
The suspect or their solicitor must be given a reasonable opportunity to see the full set
of images before they are shown to any witness. If there is a ‘reasonable objection’ to the images or to any of the other participants (such as one of the other participants not
resembling the suspect), the police must take steps, if practicable, to remove the grounds for objection.
If a witness, having seen video images where concealment or replication has been used, wants to see an image without the concealment or replication of the unusual feature, the witness may be allowed to do so.
What notice should the suspect’s solicitor be given before a video identification?
Reasonable notice of the time and place of the video identification so that they may attend to ensure that it is carried out properly.
What must witnesses not be able to do before a video identification?
Communicate with each other about the case;
See any of the images which are to be shown;
See, or be reminded of, any photograph or description of the suspect, or be given any
other indication as to the suspect’s identity; or
Soverhear a witness who has already seen the material
What must the police not discuss with the witness?
The composition of the set of images and a witness must not be told whether a previous witness has made an identification.
What happens in an identification parade?
A witness sees the suspect in a line of other persons
who resemble the suspect.
