Identification summary

Question 1

What is Identification Evidence and what are four types of it?

Answer 1

Identification Evidence is usually any evidence given by a witness that saw an actual offence committed and that the offence was committed by the accused.

It includes;

• Crowd scene
• Picture identification
• Line up identification
• Voice identification

Question 2

What are the two phases in which identification can occur?

Answer 2

DETECTION PHASE: The investigation phase where you don’t know the identity of the suspect. These processes give you a suspect so you can obtain a formal admissible ID in the evidentiary phase.

EVIDENTIARY PHASE: The attempts to obtain identification evidence by methods such as showing witnesses photos or line ups; including the known suspect. We are bound by the evidence act in this phase.

Question 3

Line up parades in accordance with section 114 of the Evidence Act are bound by the rules concerning VISUAL IDENTIFICATION EVIDENCE

What three points guide this type of evidence?

Answer 3

• You must always resort to this form of identification firstly, over a photo identification parade.
• This type of identification is generally regarded as being most reliable.
• Section 114 includes crowd scene and formal identification parades.

Question 4

In accordance with Section 114 of the Evidence Act - Visual Identification Evidence - Subsection (2) : Visual identification evidence are not admissible unless what?

(3 sub-subsections)

Answer 4

a) An identification parade involving the offender has already been held (such as crowd scene or line up)
b) It would not have been reasonable to have held such a parade.
c) The defendant refused to take part.

Question 5

In the case of TAHERE v The Crown; the reasonableness of when a identification parade could be held. What does this case suggest?

Answer 5

The court of criminal appeal suggest that you have right up until the EVE of the trial to conduct an identification parade using sufficient numbers of persons with a similar description to the accused.

Question 6

What must a defendant’s refusal be in regards to a line up?

Answer 6

It must be ABSOLUTE (ie certainly refused).

If they refuse to take part unless conditions are met; an assessment of REASONABLENESS should be made.

Question 7

What 5 points should be considered before deciding not to conduct a line up parade and resorting to other means of Identification Evidence?

Answer 7

• The witness’ prior familiarity or association with the offender.
• Special characteristics of the offender prevent it being fair (specific physical traits or unique appearance)
• Witness characteristics (bias, state of mind, ability to do so)
• Length of time between the crime and identification (witnesses memory faded or significant change of offender appearance)
• Displacement (offender has been shown to the witness for another offence or in a picture)

Question 8

Picture identification in accordance with section 115 of the Evidence Act are bound by the rules concerning PICTURE IDENTIFICATION EVIDENCE.

What three points guide the use of type of evidence?

Answer 8

• Picture identification cannot be used if; when the pictures were examined, the defendant was in custody and the photo used was made before the defendant was taken into custody.
• The only exception is where the persons appearance has changed from the time of the offence to when they were taken into custody.
  Or
• Unless it was not reasonably practicable to have take a photo while they were in custody.

Question 9

What must you do prior to resorting to a Photo Identification?

Answer 9

YOU MUST offer the suspect a line-up parade.

Question 10

There are three types of suspect photos you can not use in a Photo Identification due to their improper EFFECT. What are they?

Answer 10

• Rogues Gallery Effect; photos that suggest the suspect is in police custody or adversely known to police.
• Displacement Effect; A person has previously been shown a picture or involved in another identification after the offence.
• Dock (in court) identification; highly unacceptable.

Question 11

Is there a right NOT to be identified?

Answer 11

NO - as long as police do not commit a civil or criminal wrong and adhere to legislative requirements; they can create conditions suitable for an identification process.

Question 12

In the instance of a failed Identification Procedure; what should police ask the witness?

Answer 12

If they are able to say if the persons paraded or displayed before them is definitely not the offender.