Identification Procedures Flashcards
When must an identification procedure be held?
Where a witness has identified or purported to have identified a suspect, or,
A witness thinks they can identify the suspect, or there is reasonable change that the witness can identify the suspect, and the suspect disputes being the person the witness claims to have seen
To test the reliability of eyewitness identifications
When is it NOT necessary to hold an identificaiton procedure
Where the suspect admits being at the scheme of a crime, and gives account which does NOT contradict with what the witness saw
When it is not disputed that the suspect is already known to the witness
What are the 4 different types of identification procedures in PACE Code D?
Video identification
Identification parade
Group identification
Confrontation by witness
Which type of identification procedure should be used?
Provides that a supsect hsould be offered video identificaiton, unless it is not practicable, a parade is both practicable and more suitable than a video.
Confrontation is usually last resort.
Can identification procedure even used if a witness has recognised a suspect from a photograph
Before a witness is shown any photos, that witness first description of suspect must have been recorded. Must be how 12 photos at a time.
As soon as witness makes position identification, no other witnesses shoudl be shown the photographs.
Witness who made the identification and any other witnesses should then be asked to take part in one of the indeitifcation procedures.
What is the procedure for video identification?
Occurs when the witness is shown moving images of a known suspect, together with similar images f others who resemble the suspect .
Must be 8 other people, resemble in age, appearance and position in life.
Where 2 suspects are shown, must be with 12 other people.
Must be given reasonable opportunity to see full set of images or to any of hte other participants, the police must take steps to remove the grounds for objection.
If suspect has any unusual features, must be shown th others or conceals.
Only ONE witness may see the video at a time. Witnesses must NOT be able to communcate with eachother, see any of the images which are to be shown, or be reminded of anything, or overhead a witness hwo has already seen the material.
What is the procedure for identification parades?
Occurs when a witness sees a suspect in a line of other people who resemble.
Identificaiton parade will be at least 8 people (in addition to suspect).
Must ensure witnesses are not able to communication, overhear, see any member of parade, see or be reminded of photo, or see suspect before or after.
Suspect is allowed to chose their own position int he line, and can change positions per witness.
What is the procedure for group identification?
When witness sees suspect in an informal group of people. May take place either with consent and cooperation of suspect, or covertly if suspect owes not consent.
Shoudl be held in a place where other people are passing or waiting informally - shopping centre, bus station.
Police must reasonably expect that the witness will see some people whose appearance is broadly similar. Beyond that, no requirement for likeness.
What is the procedure for confrontation?
Occurs when witness is brought face t face with a suspect. Very rare and a last resort.
Who is responsible for running an identification procedure?
Identification officer , not below rank of inspector, who is NOT involved with the investigation.
What are steps to be taken by that investigation officer before an identificaiton procedure?
Before video, parade or group, the identification officer must explain to suspect:
Purpose of procedure
Entitlement to legal advice
Procedure to be followed
If suspect refuses, this may be taken to trial
If suspect significant altered appearance, this may be given in evidence
If the witness was shown photographs or computerised art
That hte suspect will be provided details of the description of suspect
What is the solicitors role at an identification procedure?
Solicitor shoudl warn the client that police may hold a worse Identification procedure, if the clietn does not consent to this one.
Refusal to take part in it is admissible at trial. Adverse inference
Solciitor is able to attend procedures, check that they are reasonable, and object to any. Ensure witnesses are segregated and check the number of witnesses.
What Code is for identification procedures?
Code D
What are the 4 main Code sections for identification procedures?
D 1.2 : identification by eye-witness arises when a witness has seen offender commit crime and identifies through identification procedures
D 3.1 : police must keep a record of suspects first description given
D 3.12 : identification procedure MUST be held, unless not practicable (if suspect admits they were there at time, or already known. And not disputed)
D 3.14 : suspect offered a video identification first, unless not reasonable
What is Code D Annex E?
Photographs shown to witness
Before witness is shown any photos, the witness first description must be recorded.
Witnesses must be shown 12 photos at at time.
