Identification Procedure Flashcards
What are the four types of identification procedures?
● Video identification
● Identification parade
● Group identification
● Confrontation
When is an identification procedure mandatory?
When a witness has identified or purported to have identified a suspect, or believes they can identify the suspect, and the suspect disputes their involvement.
Provide two examples of when an identification procedure is not required.
● The suspect admits to being at the crime scene and their account doesn’t contradict the witness’s statement.
● The suspect is already known to the witness.
What is a video identification?
A procedure where a witness views moving images of the suspect along with at least eight other individuals of similar appearance.
Describe an identification parade.
A witness views the suspect standing in a line with at least eight other individuals of similar appearance.
What is a group identification?
A witness views the suspect within an informal group of people in a public setting.
Define a confrontation identification procedure.
A witness is brought face-to-face with the suspect in a police station.
This is a last resort option.
Who is responsible for conducting an identification procedure?
An identification officer, who is a senior officer (at least an Inspector) not involved in the investigation.
What should a legal advisor explain to their client regarding identification procedures?
● The purpose of the procedure
● The right to free legal advice
● The procedure to be followed
● The implications of refusing to participate
● The potential for evidence of appearance alteration to be used in court
● Whether the witness was shown photographs before the procedure
● The right to receive details of the witness’s initial description of the suspect.
What are the legal advisor’s responsibilities during an identification procedure?
● Check that the procedure complies with Code D.
● Ensure that the witness’s initial description of the suspect is obtained.
● Verify the resemblance of the foils in video identifications and identification parades.
● Object to any irregularities in the procedure.
● Ensure that witnesses are properly segregated and prevented from communication.
● Confirm the absence of unauthorized personnel.
● Question witnesses about potential contamination of their memory.
● Record all observations and objections in detail
What are some potential consequences of a suspect refusing to participate in an identification procedure?
● The police may conduct a less desirable procedure, such as a group identification or confrontation.
● The refusal may be used as evidence against the suspect at trial, suggesting a fear of being identified.
What should happen if a witness has identified a suspect from photographs?
The witness should be asked to participate in a formal identification procedure (video identification, identification parade, group identification, or confrontation) to confirm their identification.
Can a witness testify in court that they identified a suspect from photographs?
No. A witness is not permitted to disclose that they initially identified the suspect from photographs shown by the police.
