Identification procedures Flashcards
When is it MANDATORY to hold an identification procedure?
Whenever:
A. witness identified/purported to identify suspect, or
B. witness thinks he can identify suspect/that there’s a reasonable chance he can identify the suspect, and suspect disputes being the person the witness saw, UNLESS:
- procedure not practicable, or
- it’d serve no useful purpose (eg. suspect admits presence at scene/witness knows him)
Which identification procedure should be used?
Should be video identification, unless:
A. it’s not practicable,
B. identification parade is practicable and more suitable than the video, or
C. the investigating officer considers group identification more suitable than the video or parade, and considers it practicable
How many photos must a witness be shown if he’s shown the suspect’s photo?
At least 12
In video identification, how many other people must the witness be shown?
8
If 2 similar suspects being shown in same images, must be shown with at least 12 other people
Does the police HAVE TO conceal suspect’s unusual features?
No, they CAN conceal them
But: witness can request to see the original photos
What must the other people used in identification procedures look like?
Must “as far as possible resemble the suspect’s:
- age,
- general appearance,
- position in life”
How many times must the witness see each person in the identification parade before making an identification?
2x
How does group identification happen?
Witness sees the suspect in an informal group in a setting where people are waiting or passing informally
What must the other people in group identification look like?
The police must reasonably expect the witness to see someone people whose appearance is broadly similar to the suspect’s
When may be a confrontation used?
When the suspect refuses all other identification procedures
Who must run an identification procedure
An identification officer (at least inspector)
NOT the investigating officer!
