Identification Procedures Flashcards
What are the ID procedures the police can use if they know who the suspect is, the suspect is available, and the police have an eyewitness?
Video evidence: showing the witness video footage of the suspect and other individuals similar to the suspect to see if they can pick them out.
ID parade: at least eight people are paraded in front of the eyewitness to see if they can pick out the suspect.
Group identification: the witness picks the suspect out of an informal group.
Confrontation: the witness is brought face-to-face with the suspect at a police station.
Identification from photographs: eyewitness is shown 12 photos containing pictures of similar people, one of which will be the suspect the eyewitness previously identified.
When must eyewitness ID procedure be used?
When:
A witness has identified or purports to identify a suspect.
A witness thinks they can identify / there is a reasonable chance they can identify the suspect.
The suspect disputes being the person the witness claims to have seen.
It is practicable and would serve a useful purpose in proving or disproving whether the suspect committed the offence.
If the investigating officer thinks it’s useful.
What notice must be given to the suspect before an eyewitness ID procedure?
The purpose of the procedure.
Their entitlement to free legal advice.
The procedure being followed and details of the procedure.
If the suspect refuses to take part, it may be used against them, and the police may covertly identify the suspect.
If the suspect has altered their appearance , this may be given as evidence at trial.
Photos and videos may be taken of the ID procedure.
Details of the suspect given to police by the witness will be provided to the suspect and their solicitor.
What is the role of the ID officer in respect of the eyewitness ID procedures?
ID officer must organise and arrange the ID procedures and ensure they comply with PACE Code D. ID office can delegate and instruct officers to hold the procedures - but the ID officer has ultimate responsibility for them.
If an eyewitness procedure is to be used, which is the one that should be used?
Video identification should be used, unless it is not practicable or another method is more practicable.
Can a suspect refuse to take part in a procedure?
Yes a suspect can refuse to take part in a procedure but they must give reasons. The ID officer can then invite them to use another one.
What is the procedure for identification by video evidence under PACE Code D?
Responsibility of the ID officer to conduct.
The images must include at least 8 other suspects physically similar to the suspect.
The suspect or solicitor must be given a reasonable opportunity to see the images before they are used. The suspect can object.
The suspect’s solicitor can be present at the ID if permitted on request by the ID officer.
One eyewitness views the imagery at a time. They are told that they can view it as many times as they like and freeze the pictures. Must view at least twice. After the eyewitness has confirmed they have viewed enough, they will be asked to identify the suspect.
A full record should be made of those who participated and what was said by the eyewitness.
What is the procedure for identification by ID parade under PACE Code D?
Suspect must be given a reasonable opportunity to have their solicitor present or a friend.
Immediately before the ID parade, the suspect must be cautioned.
ID parade must consist of at least 8 people, including suspect, of similar physical characteristics.
Suspect is given the opportunity to confirm they are happy to do it and make objections before the parade.
Members of the parade file in one at a time. The witness is told the suspect may or may not be present and they should not make a decision until they have looked at each member of the parade at least twice.
If the witness makes an identification, the witness and their solicitor is informed.
A video recording must be taken of the identification parade.
A record of the parade and its conduct must be made.
