Identification Procedures Flashcards
What is the purpose of an identification procedure?
To test the witness’ ability to identify the suspect as the person they saw on a previous occasion
- To test the reliability of their earlier identification essentially
To provide safeguards against mistaken identification
When should an identification procedure be held?
Must be held:
- Where the police have an identification witness and the suspect disputes being the person the witness claims to have seen, unless it is not practicable or would serve no useful purpose in proving or disproving whether the suspect was involved in committing the offence
May be held:
- If a witness to a crime has purported to identify the suspect in the street some time after the crime was committed, since the purpose of an identification procedure is to test the reliability of the eyewitness’ identification.
- An eyewitness identification procedure may also be held if the officer in charge of the investigation considers it would be useful
When does an identification procedure not need to happen?
(a) when the suspect admits being at the scene of a crime and gives an account which does not contradict what the witness saw; and
(b) when it is not disputed that the suspect is already known to the witness
- If witness thinks they know S, but S disputes the identification, a procedure would be used
Before an identification procedure is held, a witness might be shown photographs, in order to identify the suspect.
Give some details about this process
Police must keep a record of the witness’ first description of suspect (Code D, para 3.1). Before any form of identification procedure takes place, a copy of this record should be given to the suspect or their solicitor
Witness must be shown at least 12 photos at a time
As soon a witness makes a positive identification, no other witness should be shown the photos
The identifying witness (victim) is then asked to take part in one of the identification procedures
S or solicitor notified if a witness attending an ID procedure has previously been shown photos
When giving evidence in court, W cannot say they originally identified S from photos
What are the four different types of identification procedure?
a) video identification; - most common
(b) an identification parade;
(c) a group identification; and
(d) confrontation by a witness.
Video identification is preferred over other procedures, unless they are more suitable or practicable.
What does a video identification procedure entail?
1) W shown moving images of a known suspect, together with similar images of others who resemble the suspect
2) Images must include the suspect and ‘at least eight other people who, so far as possible, resemble the suspect in age, general appearance and position in life’
- If two suspects have roughly similar appearances, they must be shown together with at least 12 others
3) S or solicitor must be given a reasonable opportunity to see the full set of images before they are shown to any witness
- If there is a reasonable objection, police must take practicable steps to remove the grounds for objection
- If S has unusual features (scars, tattoos, distinctive hair/colour) which don’t appear on the images of others, police may take steps to conceal or replicate these features on the images of others
4) S not present, but solicitor will be given reasonable notice of the time of ID procedure, so they can attend
5) Only one witness at a time can see the video and before they see it, they must not communicate with other witnesses, see the images, be reminded of photos or be given any other indication as to S’ identity or overhear a witness who has already seen the material
What does the identification parade entail?
1) W sees S in a line of at least eight people (in addition to S), who resemble the suspect in age, height, general appearance and position in life
2) If S has unusual features, police may take steps to replicate/conceal these features
3) Witnesses must not communicate with others, see S or another member of the lineup beforehand, be reminded of photos or overhear a witness who has already seen the lineup
4) S can choose position in line
5) Only one witness at a time and if they cannot make a positive identification, they should say so
6) If W asks one to speak, they should be reminded that the members are chosen on physical appearance only – only then can the police ask S to speak
- If S picked at this point, judge will give a very strong warning to jury to treat such evidence with utmost caution
7) Colour photo or video recording of parade must always be taken to guard against later disputes
8) S cannot be compelled to take part
What does the group identification entail?
1) W sees S in an informal group of people – can take place with or without S’ consent, so can be done covertly
2) Location is one where people would be passing or waiting around informally and S should be capable of being seen by W at the same time as others in the group
3) Police must select the place, reasonably expecting that W will see some people whose appearance is broadly similar to S
- No requirement as to particular likeness or number of people
- If done covertly, police take W to a place where S is likely to be at a given time (when they clock off work as an example)
What does confrontation entail?
W brought F2F with S in PS
Extremely rare and a last resort
W told that the person they saw may or not be the one they are about to see
Occur in presence of solicitor usually and only if S refuses to partake in other procedures
Who is responsible for the running of an ID procedure?
1) ID procedures are the responsibility of an officer not below the rank of inspector who is not involved with the investigation – known as ID officer
2) Before a video ID, ID parade or group ID procedure is arranged, ID officer must explain the following to the suspect:
(a) the purpose of the identification procedure to be used;
(b) the suspect’s entitlement to free legal advice;
(c) the procedure to be followed, including the suspect’s right to have a solicitor or friend present;
(d) that if the suspect refuses to consent to the identification procedure taking place, such refusal may be given in evidence at trial, or the police may proceed covertly without the suspect’s consent, or make other arrangements to test whether a witness can identify the suspect;
(e) that if the suspect has significantly altered their appearance between being offered an identification procedure and the time of the procedure, this may be given in evidence at trial and the identification officer may consider other forms of identification;
(f) whether, before the suspect’s identity became known, the witness was shown photographs, or a computerised or artist’s composite likeness or image by the police; and
(g) that the suspect or their solicitor will be provided with details of the description of the suspect as first given by any witnesses who are to attend the identification procedure before the procedure takes place
What initial advice will a solicitor give to a suspect about any ID procedures?
1) If police propose a video or ID parade, solicitor should advise client to consent to this being carried out
- Solicitor should advise if they don’t, a less satisfactory ID procedure will be carried out, as the suspect will not be seen in a group of people who resemble them in appearance
2) Refusal to take part in an ID procedure is admissible at trial and court can draw an adverse inference from this refusal – ie S thought they would be recognised by the witness who attended the procedure
3) If the police won’t do an ID procedure, even if S disputes involvement, is willing and there is a witness who believes they could identify the offender, this would be a breach of Code D
- Solicitor should make representations to investigating officer and ensure this is recorded in custody record, as failure to do the ID procedure may allow them to challenge admissibility of later disputed visual ID evidence at trial
What is the solicitor’s role in relation to the video identification procedure?
1) Solicitor can attend a video identification
2) They need to obtain details of the first description of S from any potential witness and check the images in advance to see if they resemble S in age, height, general appearance and position in life
- They will object if they don’t and ensure distinctive features are concealed
3) Solicitor must ensure witnesses are segregated from one another and no unauthorised persons (investigating officer) are present
What is the solicitor’s role in relation to the identification parade?
Solicitor should ensure police provide them with details of the first description of S given by the potential witness before the ID parade
Solicitor should explain to client what will happen – can choose where to stand, don’t speak or draw attention to yourself
Solicitor must check other participants resemble S in age, height, general appearance and position in life and distinctive features concealed
Solicitor must ensure witnesses are segregated from one another and that they cannot see participants or S beforehand + **IO is not present **
What written records will the solicitor need to make, no matter the ID procedure undertaken?
Solicitor needs to keep a detailed note of what happens, whatever ID procedure is used
- Any objections need to be fully recorded by the identification officer
- Comments made during the procedure by W, ID officer and anyone else should also be recorded
