Police Station: Identification Procedures at the Investigation Stage Flashcards
what are the 2 safeguards to ensure reliable suspect identification by witness?
- PACE Code of Practice D = during investigation stage / police station
- Turnbull Guidelines = at trial
If safeguards under Code D or PACE are breached, we can apply to exclude evidence obtained as a result of the ID procedure under s78 PACE
when must an identification procedure be held?
ID procedure MUST be held (unless an exception applies) where:
1) the offence was witnessed
AND
2) the eye witness:
- identified suspect or purported to identify the suspect, or
- expresses an ability to identify the suspect, or
- has reasonable chance of being able to identify suspect
AND
3) the suspect DISPUTES being the person who the eyewitness claims to have seen
when should an ID procedure not be held? (3)
- it is not practicable
- it serves no practical purpose in proving or disproving that the suspect was involved in the offence = e.g., suspect is already known to the eyewitness OR suspect does not dispute being who the eye witness saw
- the suspect’s identity is not known to the police
if the suspect’s identity is not known to the police, do they need to do an ID procedure?
- no because they do not know who to do the procedure against
- if suspect identity is not known, the eyewitness can be taken to a neighbourhood or place to see if they can identify the person or they can be shown photographs
what is visual ID evidence (2) and what is NOT visual ID evidence (4)?
visual ID evidence =
- may have never seen suspect before but were able to give police description
- may recognise suspect as someone they have seen before
NOT visual ID evidence =
- mere description of clothing = ‘I couldn’t see his face, but he had a purple jumper’
- only voice identification
- Suspect has a connection to a particular place or others at the scene = ‘I thought it was Maria because I know she is always at the café on a Saturday morning’
- A description of the suspect (‘He was 5’7’ with dark hair and blue eyes’)
what are the types of ID procedures?
- video identification
- identification parade
- group identification
- confrontation by eye-witness
does D need to consent to an ID procedure?
- usually - police first ask suspects to participate in a video ID procedure (most common)
- if D does not consent, the video identification procedure can still be done
- covert procedures should be used as a last resort (ie, where D is not aware that an ID procedure is going on)
who conducts the identification procedure?
identification officer
officer not below INSPECTOR RANK
+ not involved with the investigation
what are the formalities the police must follow before holding a video identification procedure? (4)
1- suspect will be invited to participate but does not need to consent
2- a record shall be made of the description of the suspect as was first given by the eyewitness
3- suspect will be given a copy of the record BEFORE any ID procedures are carried out (not after!)
4- NOTICE is given to suspect explaining:
- purpose of procedure
- entitlement to free legal advice
- procedures for holding it
- right to have a solicitor or friend present
- they do not have to consent or cooperate
- if they do not consent, refusal may be given in evidence and a police can proceed covertly without their consent / make other arrangements
what is VIPER? (9)
- officer films suspect from all angels, and officer, suspect and legal representative select lookalikes from over 10,000 video clips on the VIPER system
- A video clip is produced with the suspect and at least 8 other individuals who resemble them in age and general appearance
- If the suspect has an unusual physical feature (scar, tattoo, hair colour), the feature can be concealed or replicated on images of other people
- Suspect, solicitor, friend, or appropriate adult must be given a reasonable opportunity to see the complete set of images before it is shown to eyewitness.
- suspect can object to any image with reasons, and practical steps can be taken to remove them unless impractical
- The eyewitness’ attention must not be directed to any one individual image or give any indication of the suspect’s identity
- D’s solicitor can be present during the procedure at the officer’s discretion
- The procedure must be recorded on video with sound and show everything said and everyone present.
- Suspect or legal rep can see the recording supervised at the officer’s discretion
what are safeguards for suspects in video identification procedures? (5)
- suspect, friend, solicitor, appropriate adult must be given reasonable opportunity to see the images before and can select lookalikes
- suspect can state reasonable objections to the pictures (but no need to take steps if impractical)
- solicitor can be present during the ID procedure if the identification officer allows
- procedure must be recorded with sound and show everyone present
- solicitor or suspect can ask to see the recording on request while supervised (investigating officer has discretion)
what is the procedure for an identification parade? (4)
PROCEDURE =
- consists of at least 8 people (in addition to the suspect) who resemble the suspect in age, height and general appearance
- If suspect has an unusual physical feature (scar, tattoo, hair colour), steps can be taken to conceal so all members of the parade resemble each other
- Witnesses must not be able to: communicate with each other, overhear a witness who has already seen the parade, seen any member of the parade, or see the suspect before or after
- Witness CAN ASK to hear any member speak, adopt any specified posture, or move
what are the safeguards for an identification parade? (3)
- Suspect must be given a reasonable opportunity to have a solicitor or friend present and appropriate adult + the procedure must take place in their presence
- Suspect can choose their position in the line
- A video recording or colour photograph must normally be taken of the identification parade and supplied, on request, to the suspect or their solicitor within a reasonable time
what is a group identification and what is the procedure?
- suspect cannot refuse = group ID can be held with consent or covertly without consent or knowledge
- location = where other people are passing by informally in groups such that the suspect can join them and be seen by the eyewitness (e.g., shopping centre, bus station, railway)
- colour photo or video should be taken of the general scene if practicable to give a general impression
- witnesses should not be able to communicate with each other
what is a confrontation by an eyewitness?
- confrontation at police station in a normal room or where the witness can see the suspect without being seen via screen
- before, the witness must be told that the person they see may or may not be the person they will confront
