Identification procedures

Question 1

When must an identification procedure be held?

Answer 1

1. Whenever a suspect disputes an identification made or purported to be made by a witness and;
2. Witness has identified suspect, expresses ability to identify or has reasonable chance to identify.
3. May be held if officer in charge of investigation considers it would be useful

Question 2

When is an identification procedure not required?

Answer 2

Where it would serve no useful purpose in proving the suspect committed the crime

e.g. witness knows or has recently seen the suspect.

Question 3

If a suspect is not yet identified, what can the police do?

Answer 3

Take witness to crime scene to see if suspect can be identified locally.

If this procedure is followed, and the suspect is identified and arrested at scene, a formal ID procedure must be conducted.

Question 4

What are the rights of a suspect when carrying out an identification procedure?

Answer 4

1. Have procedure explained
2. Free legal advice and solicitor / friend present
3. Not required to cooperate

Question 5

What happens if a suspect fails to cooperate with an identification procedure?

Answer 5

ID procedure may be held covertly and failure to cooperate could be raised at trial.

Question 6

What happens if a suspect changes appearance (cuts beard, hairstyle) between notification and conduct of the procedure?

Answer 6

The issue may be raised at trial.

Question 7

What does video identification involve?

Answer 7

Moving images of suspect and 8 or more others shown to witness.

Question 8

What is necessary for video identification procedure to be carried out correctly?

Answer 8

1. Suspects must be similar in appearance and distinguishing features concealed
2. Suspect / solicitor must have chance to raise reasonable objections
3. Witness shown images at least twice and warned suspect may not be in video
4. Multiple witnesses must be separated

Question 9

What does identification parade involve?

Answer 9

Suspect and 8 or more appear in a line

Question 10

What is required for identification parade to be carried out correctly?

Answer 10

1. Suspect may choose position in line
2. Witness must be warned suspect may not be featured
3. Parade should be recorded or colour photographed
4. Multiple witnesses must be separated

Question 11

What is a group identification procedure?

Answer 11

Witness sees the suspect in an informal group with or without the suspect’s consent

Question 12

What is required for a correct group identification procedure?

Answer 12

1. Conditions cannot be controlled to the same degree as video identification or parade, but the officer must reasonably expect the witness to see a number of others whose appearance is broadly similar to the suspect
2. Colour photograph or video taken immediately after
3. Witness does not need to be warned suspect may not be present

Question 13

When does a confrontation take place?

Answer 13

If a video or group identification parade is not practicable. Rarely used and takes place at police station.

E.g. where suspect has such distinctive features that appropriate disguises or modifications cannot make the procedure practicable.

Question 14

What does a correct confrontation procedure involve?

Answer 14

1. Suspect is brought before witness who is asked “is this the person you saw on the earlier occasion?”
2. Suspect should not be restrained
3. Witness should be warned suspect may not be present

Question 15

What are the relevant breaches of identification procedure?

Answer 15

Failure to:

1. Take into account reasonable objections to appearance of others in the ID procedure
2. Keep witness away from suspect before and during procedure
3. Keep witnesses apart during procedure
4. To warn suspect may not be shown at all
5. Conduct a formal ID procedure

Question 16

What power does the court have if identification evidence is improperly obtained?

Answer 16

Discretionary power to exclude the evidence under s78 PACE

if it has an adverse effect on the fairness of the trial