Identification Procedures Flashcards
what is the purpose of IPs?
- The purpose of IPs is to test the reliability of an eye witnessed visual identification evidence and provide a safeguard against mistake.
when shall an IP be convened?
An IP shall be convened where W has either:
- identified S
- purports to have identified them
- thinks they can identify S
- has a reasonable chance of identifying S
and
o S disputes being the person identified
when can an IP be convened?
- An IP can also be held if the officer in charge considers it would be useful
where an IP ‘shall’ be convened, when does an IP not need to be held?
Give examples
it is not practicable; or
would serve no useful purpose in proving / disproving whether S was involved in committing the crime.
Examples:
S admits being at the scene and gives an account which doesn’t contradict W’s
When S and W already know each other and this is not disputed
what must be done before any IP is undertaken?
- Before any identification takes place, the police must take a description of S from W and give a copy to S/their solicitor before the IP, if practicable
re: initial steps
what will inform whether an IP is used or not?
whether S is known to the police or not:
o S not known street identification (i.e. the police take W to a particular place to see if W can identify S). If S is identified using this method, an IP should be used to test the reliability of the street identification
o S has been arrested identification procedure (i.e. video, parade etc)
what is the position regarding photographs?
Police keep photos of those with pre-cons & can show these to W, subject to certain requirements
what must the police do if they are showing W photographs?
o Take a description of S from W and record this before showing photos
o Show W at least 12 photos at a time
o Show no other Ws the photos once a positive identification has been made
o Tell S/their solicitor if Ws were shown photos or computerised images
what happens once Ws have been shown photographs?
- All Ws will then take part in an IP
if Ws are shown photographs, what happens at trial?
- If the case comes to trial, W cannot say in evidence they identified S from photographs shown to them by the police
what are the types of identification procedure?
Video Identification
Identification Parade
Group Identification
Confrontation
what cannot happens before a video identification or identification parade?
Ws are not:
o Allowed to communicate with each other about the case;
o Overhear a W who has already seen the material / line up
o See any images / members of the parade (or after the parade)
o See or be reminded of any photograph or description of S
o Be given any other indication of S’s identity
re: video identification
briefly, what is the procedure?
- W is shown video images of S and 8 others of a similar age, appearance and position in life to S. They must be in the same position/doing the same act
re: video identification
what are the obligations in terms of the video images?
- there are 8 video images of others of a similar age, appearance and position in life to S. They must be in the same position/doing the same act
o If there are 2 suspects of similar appearance and shown in the same images, there must be at least 12 other people - If S has any usual features (i.e. tattoos), the police can conceal these or replicate them on the others. W can request to see the original.
re: video identification
Will S see the video images?
S/their solicitor must be given reasonable opportunity to see the images before they are shown to Ws.
If they have a ‘reasonable objection’ (i.e. one does not like S), the police must remove the ground for objection if practicable
re: video identification
can S object to the images?
If they have a ‘reasonable objection’ (i.e. one does not like S), the police must remove the ground for objection if practicable
re: video identification
will S be at the IP?
- S won’t be at the IP but their solicitor can be (reasonable notice to be given)
re: video identification
what can W do at the IP?
- can request to see an original photo if something has been added/concealed
- Ws view one at a time
- they can freeze and view as often as needed
re: video identification
what must the police not do?
- Police must not discuss with Ws: the composition of images or if an identification is made
re: video identification
what is S refused to partake?
- If S refused to partake in video identification, alternative procedures can be used i.e. covert video identification
re: identification parade
briefly explain this
- i.e. S lines up with at least 8 other people who resemble S in age, height, appearance and position in life and W attempts to identify S
o Unusual features can be replication or concealed
re: identification parade
what can S do at the parade?
S can choose their position and can change if more than 1 W will be viewing the parade
re: identification parade
how will Ws view the parade and what must they be told?
Ws are brought in 1 at a time.
Ws should be told that:
o The person they specified on an earlier occasion may / may not be present;
o If they cannot make a positive identification, they should say so; and
o Not to make a decision until they have looked at each person twice
re: identification parade
what can Ws ask the parade to do? what is the risk?
- W can ask a member to speak, move or adopt a structure but the officer must first ask them if they can make an identification on appearance only
o The risk of this is that if W positively identifies S only after they have spoken the judge may tell the jury to treat the evidence with caution
re: identification parade
what should the police do?
- A colour photograph/recording should always be taken of the line up in case of any future disputes
re: group identification
briefly explain this
- W sees S amongst a group of people where people are passing or waiting informally (i.e. a shopping centre, bus station)
re: group identification
how can this take place?
- Can be by consent and cooperation of S or covertly if S refuses
- If it is covert, police will take W to where S is likely to be i.e. leaving work
re: group identification
what is the position regarding W?
W should be capable of being seen at the same time as others in the group
re: group identification
what location must be chosen?
- The police must choose a location they reasonably expect there to be others of broadly the same appearance as S
re: confrontation
briefly explain this
- W is brought face-to-face with S in the station (rare and last resort)
re: confrontation
when might this take place?
- Usually takes place with S’s solicitor when S refuses to consent to the above
re: confrontation
what must W be told beforehand?
- Before the confrontation, W must be told that the person they saw may or may not be the person that they are to confront, and they should say so if they are not that person
re: choosing an IP
what is the starting point?
S should be offered a video identification unless:
o Video identification is not practicable; or
o An identification parade is practicable and more suitable than video; or
o Group identification is more suitable than video or identification parade and it is practicable to arrange
re: choosing an IP
when is it justifiable not to offer video interpretation?
o Video identification is not practicable; or
o An identification parade is practicable and more suitable than video; or
o Group identification is more suitable than video or identification parade and it is practicable to arrange
re: choosing an IP
when might an identification parade not be practicable?
- Identification parades may not practicable because of factors relating to W i.e. number of Ws, health, availability and travel requirements
- Video is normally more suitable if it can be arranged and completed quicker
re: choosing an IP
who decides?
- The decision is made by the IO and identification officer
re: choosing an IP
who conducts?
- An inspector or above conducts the IP prepares the formal record
o They are present throughout the IP and must be in uniform
re: choosing an IP
which officers are involved?
- Any officer involved in the investigation cannot be involved in the IP
re: choosing an IP
when must it be held?
- The IP must be held as soon as practicable
- S will usually be released on police bail and required to re-attend for the IP
re: choosing an IP
what must be explained to S before the IP?
The identification officer must explain the following to S before the IP:
o The purpose of the IP
o S’s entitlement to free legal advice
o Procedure to be followed (inc. right to have solicitor/friend present)
o If they refuse, this can be given in evidence at trial or the police can make other arrangements (i.e. confrontation) or proceed covertly
o If S has significantly altered their appearance since being informed of the IP and it taking place, this may be given in evidence at trial
o Whether W was shown any photos or computerised images
o That S/their solicitor will be given details of the 1st description given by W
re: choosing an IP
what happens if S refuses?
- If S refuses to consent to the IP, they shall be asked for reasons as to why and S/solicitor/appropriate adult can make representations as to why another IP should be used
o The identification officer will consider this and, if appropriate, arrange for S to take part in an alternative IP which is suitable and practicable
re: Js
what is the position regarding consent?
Where any procedure requires S’s consent (i.e. taking part in an IP, fingerprints, footprints etc):
o S is under 14 consent required from J’s parent/guardian only
o S is 14 or over consent required from J & parent/guardian
re: MHS
what is the position regarding consent?
Where any procedure requires S’s consent (i.e. taking part in an IP, fingerprints, footprints etc):
o Vulnerable S consent must be given in the presence of the AA
what initial advice should the solicitor give?
- Positive identification likely be a second interview and/or charged
- If a video or parade identification has been offered, S should be advised to agree as if they refuse, the police can covertly undertake an IP
o If there is no positive identification, they may be released without charge
- Refusal to take part is admissible at trial and the court can draw adverse inferences (i.e. that S thought they would be recognised)
what should the solicitor do if an IP was not held and they think one should have been?
- If the police do not hold an IP and the solicitor believes this breaches Code D as there should be one (i.e. S disputes involvement, they are willing to take part and there is a W who could identify), the solicitor should make representations to the IO and ensure this is noted in the custody record
o This may allow them to challenge the admissibility of any later disputed visual identification evidence at trial
what is the solicitor’s role before the video identification / identification parade?
- Obtain Ws first description of S from the police
- Check the video images / parade members are appropriate and object if not
- Ensure S’s distinctive features are concealed / replicated by others
- re: identification parades, the solicitor should explain to S: what will happen, that they can choose where to stand and not do anything to draw attention to themselves
what is the solicitor’s role at the video identification / identification parade?
Attend the IP and whilst there check:
o Where Ws will be held before and after and the route they will take
o That Ws will be segregated and there is the correct number
o That no unauthorised officers are present
If they think the IP has been contaminated, the solicitor should ask Ws if they they discussed the description of S with anyone before or at the station
The solicitor should take a written note of what happens at the IP and make sure any concerns/objections are recorded by the identification officer
