Identification Procedure

Question 1

Dangers of Eyewitness identification evidence

Answer 1

Errors of perception –> E.G. cross racial identification & memory of violent situations

‘Fleeting glimpse’ identifications aren’t reliable

‘Unconscious transference’ –> witness may identify innocent person as suspect just because they’ve already saw them before

Question 2

Requirement for ID procedure

Answer 2

3.12 - an identification procedure shall be held if the suspect disputes being the person the eye-witness claims to have seen on a previous occasion …unless:

1) it is not practicable to hold any such procedure; or

2) any such procedure would serve no useful purpose in proving or disproving whether the suspect was involved in committing the offence…

Question 3

R v Forbes 2001

Answer 3

V identified robber to police who drove him round streets. No ID parade or other procedure.

Code to be strictly applied – no discretion to dispense with ID procedure where V had already made unequivocal ‘street’ identification

But discretion whether to exclude evidence under s. 78

If evidence admitted, judge to explain breach to jury and invite them to consider its effect

But judge’s failure to do this didn’t render trial unfair (ECHR art 6) or conviction unsafe

Question 4

Methods of identification

Answer 4

PACE Code D 3.4 includes:
> Video identification [e.g. VIPER system]
> Identification parade
> Group identification

Question 5

Advantages of video identification

Answer 5

Less stressful for witness

Less risk of suspect appearing visibly nervous

Moving clip allows viewing from several angles, reduces rate of mistaken ID

Code D requires witness to see entire set at least twice, and may ask to see some images repeatedly

This appears to increase both correct and incorrect IDs (but correct IDs more) (Valentine 2006)

Question 6

Turnbull 1977 - warnings to the jury

Answer 6

Identifcation procedure should not be the main basis for convictions

Judge should warn jury of “special need for caution” in relying on identification evidence

BECAUSE confident witness may be mistaken.

Judges should tell jury to examine circumstances closely – how long seen, in what light, etc.

If only a “fleeting glance” or a “longer observation under difficult conditions”, –> the case must be withdrawn from jury unless corroborated.

Question 7

Crown Court Compendium 15-1

Answer 7

Gives guidance and directions to jury when discussing points of law, evidence etc.

Essentially warnings to jury