Unit 1 Advising Clients, Including Vulnerable Clients, About the Procedure and Processes at the Police Station

Question 1

Detaining a Suspect at the Police Station and Police Interviews - Procedure on arrival at the police station

Answer 1

A suspect who has been arrested other than at a police station must usually be taken to the police station ‘as soon as is practicable after the arrest’ unless the arresting officer decides to grant ‘street bail’.

Must be dealt with expeditiously, and be released from the police station as soon as the need for detention no longer applies.

Question 2

Detaining a Suspect at the Police Station and Police Interviews - Procedure on arrival at the police station - The custody officer

Answer 2

Suspect must be brought before custody officer on arrival.

Custody officer normally hold rank of at least sergeant.

Maintain a custody record for each suspect =electronic document with key info.
Detention log attached

Must inform suspect of their ongoing rights.

Question 3

Detaining a Suspect at the Police Station and Police Interviews - Procedure on arrival at the police station - The custody officer - search

Answer 3

Custody officer must find out what items of property suspect has on person and make record.

Authorise search as considers necessary.

Can seize and retain any items.

Items of clothing and personal effects may be seized only if the custody officer has reasonable grounds for believing that they may be evidence, or if the custody officer believes that the suspect may use them:
(a) to cause physical injury to themself or others;
(b) to cause damage to property;
(c) to interfere with evidence; or
(d) to assist them to escape.

Question 4

Detaining a Suspect at the Police Station and Police Interviews - Procedure on arrival at the police station - The custody officer - decision to detain

Answer 4

Custody officer must determine whether there is already ‘sufficient evidence’ to charge the suspect.

Will ask the investigating officer – usually in the presence of the suspect – for details of the evidence.
What further steps they propose to take.

Record in custody record any comments made by suspect in relation to account given by arrested officer.
Should not put any questions to suspect.

• Grounds for detention
  If no sufficient evidence can only detain if:
  (a) the custody officer has reasonable grounds for believing that detaining the suspect without charge is necessary to secure or preserve evidence relating to an offence for which they are under arrest; or
  (b) it is necessary to obtain such evidence by questioning.

If grounds cease to apply must be released.

Question 5

Detaining a Suspect at the Police Station and Police Interviews - Procedure on arrival at the police station - The custody officer - detention conditions

Answer 5

The cell in which a suspect is held must be adequately heated, cleaned and ventilated, and also adequately lit (Code C, para 8.2).

Any bedding supplied to a suspect must be of a reasonable standard and in a clean and sanitary condition (Code C, para 8.3).

A suspect must be provided with access to toilet and washing facilities (Code C, para 8.4).

A suspect must be offered at least two light meals and one main meal in any 24- hour period, and drinks should be provided at mealtimes and upon reasonable request between meals (Code C, para 8.6 and Note for Guidance 8B).

A suspect should be offered brief outdoor exercise daily if this is practicable (Code C, para 8.7).

Suspects should be visited in their cells at least every hour (Code C, para 9.3).

If the custody officer considers that a suspect is injured, appears to be suffering from physical illness or mental disorder or appears to need clinical attention, the custody officer must make arrangements to ensure that the suspect receives appropriate clinical attention as soon as reasonably practicable (Code C, paras 9.5, 9.5A and Annexes G and H).

Question 6

Detaining a Suspect at the Police Station and Police Interviews - Rights of suspect detained for questioning

Answer 6

Before CO decides whether or not suspect will be detained must be informed of rights:
(a) the right to have someone informed of the suspect’s arrest (s 56);
(b) the right for the suspect to consult privately with a solicitor (the suspect must be told that free, independent legal advice is available; s 58); and
(c) the right to consult the Codes of Practice.

Also right to be informed about the offence and (as the case may be) any further offences for which they are arrested whilst in custody, and why they have been arrested and detained.

Question 7

Detaining a Suspect at the Police Station and Police Interviews - Rights of suspect detained for questioning - Right to legal advice

Answer 7

If request, must be allowed to consult sol as soon as practicable.

Must be told of right - to communicate privately in person, writing or by telephone. Free.

Unless paying privately have to contact Defence Solicitor Call Centre and they decide if sol should attend. even if requested named firm.

Telephone advice is provided for free through Criminal Defence Direct (CDD).

Should be told sol arrived and if they would like to see them even if previously declined advice.

Sol attendance and suspects decision must be noted in custody record.

Police should not do or day anything with intention of dissuading them from getting advice e.g. time held/interviewed would be reduced without.

Question 8

Detaining a Suspect at the Police Station and Police Interviews - Rights of suspect detained for questioning - Right to legal advice - delay

Answer 8

Any delay must be authorised by an officer of at least the rank of superintendent and can be authorised only when a suspect has been arrested for an indictable offence.
Max of 36 hours.
Authorisation can be given orally but must be confirmed in writing as soon as practicable.

May only be authorised if the officer has reasonable grounds for believing that the exercise of this right, at the time when the suspect wishes to exercise it, will:
(a) lead to interference with or harm to evidence connected with an indictable offence, or interference with or physical injury to other persons; or
(b) lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
(c) hinder the recovery of any property obtained as a result of such an offence (s 58(8)).

Question 9

Detaining a Suspect at the Police Station and Police Interviews - Rights of suspect detained for questioning - Right to have someone informed of arrest

Answer 9

If requests one friend or relative or other person who is known to him or who is likely to take an interest in his welfare told, as soon as practicable.

Any delay must be authorised by an officer of at least the rank of inspector and can only be authorised when the suspect has been detained for an indictable offence.
Max 36 hours.
May be given orally but, if it is, must be confirmed in writing as soon as is practicable.

Only if reasonable grounds for believing that telling the named person of the arrest will:
(a) lead to interference with or harm to evidence connected with an indictable offence, or interference with or physical injury to other persons;
(b) lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
(c) hinder the recovery of any property obtained as a result of such an offence (s 56(5)).

Question 10

Detaining a Suspect at the Police Station and Police Interviews - Detention time limits

Answer 10

Initial max is 24 hours without being charged from relevant time.

Relevant time =
(a) in the case of a person attending voluntarily at the police station who is then arrested at the police station, the time of their arrest (s 41(2)(c));
(b) in the case of a person who attends a police station to answer ‘street bail , the time when they arrive at the police station (s 41(2)(ca));
(c) in the case of a suspect who has been arrested away from the police station, the relevant time is generally the time when the suspect arrives at the first police station to which they are taken after their arrest (s 41(2)(d)).

Can extended to 36 hours if authorised by officer of rank of superintendent or above has reasonable grounds for believe that:
(a) the detention of the suspect without charge is necessary to secure or preserve evidence relating to an offence for which the suspect is under arrest, or to obtain such evidence by questioning them;
(b) the offence is an indictable offence (ie an either- way or an indictable- only offence); and
(c) the investigation is being carried out diligently and expeditiously.

Police can get warrant for further detention from mags. Max of 36 hours so total 72 hours.
Reasonable grounds for believing justified. Justified if:
(a) the suspect’s detention without charge is necessary to secure or preserve evidence relating to an offence for which they are under arrest, or to obtain such evidence by questioning them; and
(b) the investigation is being conducted diligently and expeditiously (s 43(4)).

In exceptional cases, the police may make an additional application to a magistrates’ court under s 44 for an extension of the warrant of further detention granted under s 43.
Will be for any period as the court thinks fit’ but cannot:
(a) be longer than 36 hours; or
(b) end later than 96 hours (ie four days) after the ‘relevant time’.

Question 11

Detaining a Suspect at the Police Station and Police Interviews - Detention review

Answer 11

Must carry out periodic reviews to make sure grounds still applicable.
By rank of inspector who is not directly involved in the investigation.

6 hours from detention authorised
9 hours from first review
24 hours of arrival superintendent
36 hours of arrival - mags grant warrant
72 hours of arrival - mags further extension
96 hours of arrival - must be charged or released

Question 12

Detaining a Suspect at the Police Station and Police Interviews - Advising a client whether to answer police questions - custody officer

Answer 12

CO first person likely to speak to.
Get basic info. See custody record and detention log.

Need to confirm:
(a) the alleged offence(s)
(b) the time at which the custody officer authorised the client’s detention and the reason such authorisation was given
(c) any significant comments made by the client whilst at the police station
(d) any samples, fingerprints or impressions of footwear which may already have been taken from the client;
(e) any identification procedure which may already have taken place
(f) any interview which may already have taken place at the police station
(g) whether the client is under any form of physical or mental disability, or requires the attendance of an appropriate adult;
(h) any illness which the client may be suffering from, or any indication that the client is in any way vulnerable or requires medical treatment.
If the client is suffering from the effects of drink and/ or drugs;
(i) any significant items found as a result of a search either of the client’s person, or of any premises owned, used or occupied by the client or premises where the client was arrested; and
(j) if the client has already been at the police station for six hours or more, details of any detention reviews which have been carried out and the reason why the client’s continued detention has been authorised.

Question 13

Detaining a Suspect at the Police Station and Police Interviews - Advising a client whether to answer police questions - The investigating officer

Answer 13

Speak to investigating officer to obtain the following information:

(a) disclosure (the facts of the offence and the evidence supporting those facts);
Info must be sufficient to understand nature of offence does not require disclosure at a time when it might prejudice investigation.
Investigating officer makes decision.

(b) significant statements and/ or silence

(c) the next steps the investigation officer proposes to take.
Useful to ask the investigating officer their views on bail.

Question 14

Detaining a Suspect at the Police Station and Police Interviews - Advising a client whether to answer police questions

Answer 14

1. To answer all the questions put to them
   Dis:
   - trip up
   - confused if young/vulnerable
   - is there sufficient disclosure?
2. To give a ‘no comment interview’
   Dis:
   -adverse inferences
   Recommend it where:
   - no sufficient disclosure
   - think police will ambush
   - no sufficient evidence and client denies
   - physically or mentally unfit
   - complex or occurred so long ago cannot expect immediate response
3. Selective silence, where the client answers some questions but not others
   Bad.
4. To give a ‘no comment interview’, but either during the interview or before being charged, hand a written statement to the police setting out facts the client will rely upon in their defence at trial.
   Do this if interview bad.
   Given start of interview, during interview, prior to charge or in clients file and not disclosed if case weak.
   Reveal later to prove defence not fabricated - does not stop adverse inferences.

Question 15

Procedure for interviewing a suspect under PACE 1984

Answer 15

Interviews that take place in the police station must comply with the requirements of Codes C and E.

Disk/tape of interview sealed in front of suspect. Will only be opened at trial.
Second copy is working copy used by IO to prepare transcript.
Can be third disk to give to suspect.

Can’t be interviewed if unable to:
(a) appreciate the significance of questions or their answers; or
(b) understand what is happening because of the effects of drink, drugs, or any illness, ailment or condition, should not generally be interviewed (although there are some limited exceptions to this in cases where an interview needs to be held as a matter of urgency).

Question 16

Procedure for interviewing a suspect under PACE 1984 - Can a suspect be interviewed before receiving legal advice?

Answer 16

In general, a suspect who requires legal advice should not be interviewed (or continue to be interviewed) until such advice has been received.
Can change mind during interview.

Exceptions:
- Can delay for up to 36 hours.
- If solicitor has agreed to attend the police station but awaiting their arrival would cause unreasonable delay to the process of investigation.
- If the solicitor the suspect has asked to speak to either cannot be contacted or has declined to attend the police station, and the suspect has then declined the opportunity to consult the duty solicitor.
- If suspect changes their mind about legal advice if:
(i) an officer of the rank of inspector or above speaks to the suspect to enquire about the reasons for their change of mind, and makes, or directs the making of, reasonable efforts to ascertain the solicitor’s expected time of arrival and to inform the solicitor that the suspect has stated that they wish to change their mind and the reason for it;
(ii) the suspect’s reason for the change of mind and the outcome of the efforts to contact the solicitor are recorded in the custody record;
(iii) the suspect, after being informed of the outcome of the efforts in (i) above, confirms in writing that they want the interview to proceed without speaking or further speaking to a solicitor, by signing an entry to this effect in the custody record;
(iv) an officer of the rank of inspector or above is satisfied that it is proper for the interview to proceed in these circumstances and gives authority in writing for the interview to proceed; and if the authority is not recorded in the custody record, the officer must ensure that the custody record shows the date and time of the authority and where it is recorded, and takes or directs the taking of reasonable steps to inform the solicitor that the authority has been given and the time when the interview is expected to commence, and records the outcome of this action in the custody record;
(v) when the interview starts and the interviewer reminds the suspect of their right to legal advice, the interviewer shall then ensure that the following is recorded in the interview record:
(1) confirmation that the detainee has changed their mind about wanting legal advice or about wanting a solicitor present, and the reasons for it if given;
(2) the fact that authority for the interview to proceed has been given;
(3) that if the solicitor arrives at the station before the interview is completed, the detainee will be so informed without delay, and a break will be taken to allow them to speak to the solicitor if they wish and that at any time during the interview, the detainee may again ask for legal advice, and that if they do, a break will be taken to allow them to speak to the solicitor.

Question 17

Procedure for interviewing a suspect under PACE 1984 - Start of the interview

Answer 17

• Caution
  You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
• The continuing right to legal advice
• Significant statements and silences
  Put to the suspect ‘any significant statement or silence which occurred in the presence and hearing of a police officer … before the start of the interview’.
  Ask if confirm or deny, if want to add anything.

Question 18

Procedure for interviewing a suspect under PACE 1984 - Conduct of the interview

Answer 18

Can’t use oppression to obtain answers/statements.

‘Oppression’ might occur if the interviewing officer:
(a) raises their voice or shouts at the suspect;
(b) makes threatening gestures towards the suspect;
(c) leans towards the suspect so that they are ‘in the suspect’s face’;
(d) stands over or behind the suspect; or
(e) threatens to detain the suspect indefinitely unless they make a confession.

Should not indicate, except to answer a direct Q, what action will be taken by the police if the person being questioned answers questions, makes a statement or refuses to do either.

Question 19

Procedure for interviewing a suspect under PACE 1984 - When must an interview cease?

Answer 19

When the officer in charge of the investigation is satisfied all the questions they consider relevant to obtaining accurate and reliable information about the offence have been put to the suspect.

If interviews with a suspect take place over more than one day, in any period of 24 hours the suspect must be given a continuous period of at least eight hours for rest.
Must be free from questioning or any other interruption in connection with the offence.

Breaks from interviews should take place at recognised mealtimes, and short refreshment breaks should be taken at approximately two- hour intervals.

Otherwise court can rule inadmissible any admission made in interview.

Question 20

Procedure for interviewing a suspect under PACE 1984 - interview - role of solicitor

Answer 20

• Prepare client for interview
• The interview
  Should be allowed to sit beside client.
  Need to be able to make eye contact.

Not a passive role.
May intervene to seek clarification, challenge an improper question to their client or the manner in which it is put, advise their client not to reply to particular questions or if they wish to give their client further legal advice.

Standard practice to make opening statement explaining role in interview.

Question 21

Procedure for interviewing a suspect under PACE 1984 - interview - role of solicitor - intervention

Answer 21

A solicitor should intervene during the course of the interview if they consider that:
(i) the questioning techniques employed by the police are inappropriate or improper;
(ii) the police are behaving in an inappropriate manner; or
(iii) the client would benefit from further (private) legal advice.

May be required to leave the interview only
if their conduct is such that the interviewer is unable properly to put questions to the suspect - only if the solicitor’s approach or conduct prevents or unreasonably obstructs proper questions being put to the suspect, or the suspect’s response being recorded.

Have right to another solicitor.

Question 22

Conduct issues at the police station - client who admits guilt

Answer 22

Can take instructions.

Must advise the client that they cannot attend an interview to represent the client if the client intends to deny having committed the offence - duty not to mislead court.
Can attend a no comment interview.

Refuse to act, can’t give reasons - confidentiality.

Should attempt to dissuade client from lying - say receive credit for cooperating, easy to prove lying.

Question 23

Conduct issues at the police station - Conflict of interest

Answer 23

Asked to advise two (or more) suspects at the police station who are jointly alleged to have committed an offence.

CO may suggest there is a conflict, sol ask clarifying questions. But ultimately for solicitor to decide.

Speak to first suspect, if account clearly conflicts, other suspect needs separate representation.

Always be on look out e.g. one persons mitigation is that they played a minor role.

If conflict arises after acting for both should withdraw from both.

Must not disclose to one client anything they have been told by the other.
Unless:
(a) obtained the other client’s consent (preferably in writing);
(b) both clients are putting forward consistent instructions; and
(c) the solicitor considers it in their clients’ best interests for the information to be disclosed.

Duty not to mislead court - careful not using you to pass consistent story - get both accounts before telling them about the others accounts.

Question 24

Disclosing the client’s case to a third party

Answer 24

May be asked for details of clients case from co-accused solicitor.
Don’t respond.
Exception:
It is in their own client’s best interests for such information to be disclosed.

Duty to disclose to client.
Exceptions:
* disclosure is prohibited by national security or the prevention of crime;
* the client gives informed consent (in writing) to the information not being disclosed;
* you have reason to believe that serious physical or mental injury will be caused to the client or another if the information is disclosed; and
* the information is contained in a privileged document that has been mistakenly disclosed to you.

Question 25

Representing Vulnerable Clients

Answer 25

(a) juveniles – suspects who are aged between 10 and 17 inclusive
(b) suspects who suffer from a mental health condition or mental disorder, in the absence of any clear evidence to dispel such suspicion
(c) suspects who are deaf, unable to speak or blind; and
(d) suspects who cannot speak or understand English

Arrangements must be made for ensuring that a girl under the age of 18, whilst detained in a police station, is under the care of a woman.

Question 26

Representing Vulnerable Clients - Informing the person responsible for the juvenile’s welfare

Answer 26

If a juvenile has been arrested, the custody officer must, if practicable, find out the person responsible for their welfare.

May be:
(a) the juvenile’s parent or guardian;
(b) if the juvenile is in local authority or voluntary organisation care, the person appointed by that authority or organisation to have responsibility for the juvenile’s welfare; or
(c) any other person who has, for the time being, assumed responsibility for the juvenile’s welfare.

Informed as soon as practicable.

If a juvenile is known to be the subject of a court order under which a person or organisation is given any statutory responsibility to supervise or monitor them, reasonable steps must also be taken to notify that person or organisation.

Question 27

Representing Vulnerable Clients - Don’t speak/blind

Answer 27

• Where the suspect doesn’t speak or understand English or has a hearing or speech impediment
  Custody officer must obtain an interpreter or someone able to assist the suspect with communication.
• Where the suspect is blind or suffers from a serious visual impairment
  Custody officer must ensure there is someone (not involved in the investigation) such as an appropriate adult, relative, solicitor or someone likely to take an interest in their welfare, to help them check any documentation.

Question 28

The appropriate adult - Who may be an appropriate adult?

Answer 28

For juvenile:
(a) The police should initially attempt to contact the juvenile’s parent or guardian (or a representative from the local authority where the juvenile is in local authority care) to act as an appropriate adult.
(b) If no one in (a) is available, the police should then ask a social worker from the local authority to act as an appropriate adult.
(c) If a social worker is not available, the police should finally contact another responsible adult who is aged 18 or over and not connected to the police.
E.g. aunt or uncle, or a grandparent. Although the adult must be aged 18 or over, the police may consider that an adult who is only just 18 or over may not be sufficiently responsible to fulfil the role.

An appropriate adult for a suspect with a mental health condition or mental disorder will be:
* a relative, guardian or other person responsible for that person’s care or custody;
* someone experienced in dealing with vulnerable people; or
* some other responsible adult.

Persons who should not fulfil the role of appropriate adult include:
* Solicitor
* police officers or persons employed by the police;
* an interested party such as the victim of the offence, another suspect, a potential witness
* a person, such as a parent or social worker, to whom the juvenile has made admissions prior to that person being asked to attend the police station to fulfil the role of an appropriate adult; and
* an estranged parent (but only when the juvenile expressly and specifically objects to the presence of such a person).

Question 29

The appropriate adult - role

Answer 29

(a) to support, advise and assist the suspect, particularly when the suspect is being questioned;
(b) to ensure that the suspect understands their rights whilst at the police station, and the role played by the appropriate adult in protecting those rights;
(c) to observe whether the police are acting properly, fairly and with respect for the rights of the suspect; and
(d) to assist with communication between the suspect and the police.

Any conversations the appropriate adult has with the suspect are not covered by legal privilege.

Custody officer should explain a juvenile’s rights whilst at the police station in the presence of the appropriate adult, or repeat those rights in the presence of the appropriate adult.

Question 30

Interviewing vulnerable suspects

Answer 30

If a juvenile or suspect with a mental health condition or mental disorder is cautioned in the absence of the appropriate adult, this caution must be repeated in the appropriate adult’s presence.

Must not normally be interviewed, or asked to provide or sign a written statement under caution or record of interview, in the absence of the appropriate adult.

Interviewing officer must tell AA that not simply observer, there to advise/observe/facilitate communication.

May be asked to leave if unable to put Qs to suspect - interviewing officer consult officer not below inspector (unconnected to investigation) - consulted officer reminds AA of their role.
If thinks should leave, get another AA.

Question 31

Alternatives to charging juveniles

Answer 31

• Community resolution
  For minor offence or anti- social behaviour incident through informal agreement between the parties involved.
• Youth cautions
  (a) there is sufficient evidence to charge the offender with an offence;
  (b) the offender admits that they committed the offence; and
  (c) the police do not consider that the offender should be prosecuted or given a youth conditional caution in respect of the offence, ie it is not in the public interest to deal with the matter in another way.
• Youth conditional cautions
  (a) there is sufficient evidence against the offender to provide a realistic prospect of conviction;
  (b) it must be determined that a youth conditional caution should be given to the offender;
  (c) the offender admits to having committed the offence;
  (d) the effect of the youth conditional caution must be explained to the offender and they must be warned that failure to comply with any of the conditions may result in prosecution for the original offence (where the young person is aged 16 years or under, the explanation and warning must be given in the presence of an appropriate adult); and
  (e) the offender must sign a document containing details of the offence, their admission, consent to be given to a youth conditional caution and details of the conditions attached.

Conditions arranged should have 1 of these aims in mind - rehabilitation, reparation and punishment.

Summary only - last under 16 weeks
Triable either way or an indictable- only offence - 16-20 weeks.

Consequences of accepting cautions:
(a) A record - includes having fingerprints, photographs and DNA samples taken.
(b) Form part of the client’s criminal record retained by the police and may be referred to if an employer makes a Criminal Records Bureau check.
(c) It may also need, in certain circumstances, to be disclosed to an employer or prospective employer.
(d) The police must refer the client to the appropriate Youth Offending Team who will assess the client and must arrange for them to participate in a rehabilitation programme (unless it is inappropriate to do so).
(e) Failure to comply with any conditions imposed under a conditional youth caution can result in prosecution for the original offence.
(f) Any youth cautions given and/ or any report on a failure by a person to participate in a rehabilitation programme may be cited in criminal proceedings.
(g) If the offence is covered by Part 2 of the Sexual Offences Act 2003, the client will be placed on the sex offenders register.

Question 32

Identification procedures - when must be held

Answer 32

Whenever:
(a) a witness has identified or purported to have identified a suspect; or
(b) a witness thinks they can identify the suspect, or there is a reasonable chance that the witness can identify the suspect, and the suspect disputes being the person the witness claims to have seen.

Para 3.12 of Code D - shall be
held unless it is not practicable or would serve no useful purpose in proving or disproving suspect committed the offence. E.g. when admits being at scene, or not disputed suspect is already known to witness.

Para 3.13 Code D - may be held if interviewing officer considers it useful.

Question 33

Identification procedures - different types

Answer 33

(a) video identification;
(b) an identification parade;
(c) a group identification; and
(d) confrontation by a witness.

Question 34

Identification procedures - which type should be used

Answer 34

Paragraph 3.14 of Code D - suspect should initially be offered a video
identification unless:
(a) a video identification is not practicable;
(b) an identification parade is both practicable and more suitable than a video
identification; or
(c) the officer in charge of the investigation considers that a group identification is more
suitable than a video identification or identification parade, and the identification officer considers it practicable to arrange a group identification (Code D, para 3.16).

Decision made by investigating officer and identification officer.

Confrontation is last resort.

Question 35

Identification procedures - photos

Answer 35

Before a witness is shown any photographs, that witness’ first description of the suspect must have been recorded (Code D, Annex E, para 2).

The witness must be shown at least 12 photographs at a time (Code D, Annex E, para 4). As
soon as a witness makes a positive identification from photographs, no other witnesses should
be shown the photographs.

The witness who made the identification and any other witnesses should then be asked to take part in one of the identification procedures
(Code D, Annex E, para 6).

The suspect or his solicitor must be notified if a witness attending an identification procedure has previously been shown photographs, or a computerised or artist’s composite (Code D,
Annex E, para 9).

If the case subsequently comes to trial, when giving evidence the witness will not be allowed to say that they originally identified the suspect from photographs shown to them by the police (Charles v The Queen [2007).

Question 36

Identification procedures - video identification

Answer 36

Code D Annex A.

The 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’ (para 2).

If 2 suspects who look alike shown in same images must be 12 other people (para 3).

Sol has right to see images before shown. Can make reasonable objection. Police must take steps, if practicable, to remove the grounds
for objection (para 7).

If a suspect has any unusual features which do not appear on the images of the other people, the police may take steps to conceal those features on the video or to replicate those features on the images of the
other people (para 2A).
Witness can request to see image without concealment/replication (para 2C)

The suspect’s solicitor should be given reasonable notice of the time and place of the video identification so that they may attend to ensure that it is carried out
properly (para 9).

Only one witness may see the video at a time. The playback of the video may be frozen and there is no limit on the number of times the suspect may see the video (para 11).

Before they see the set of images, witnesses must not be able to:
(a) communicate with each other about the case;
(b) see any of the images which are to be shown;
(c) see, or be reminded of, any photograph or description of the suspect, or be given any
other indication as to the suspect’s identity; or
(d) overhear a witness who has already seen the material (para 10).

Question 37

Identification procedures - Identification parades

Answer 37

Code D Annex B.

Consist of at least eight people (in addition to the suspect) who, so far as possible, resemble the suspect in age, height, general appearance and position in
life (para 9).

Unusual features concealed/replicated (para 10).

Witnesses not able to:
(a) communicate with each other about the case, or overhear a witness who has already seen the identification parade;
(b) see any member of the identification parade;
(c) see, or be reminded of, any photograph or description of the suspect, or be given any
other indication as to the suspect’s identity; or
(d) see the suspect before or after the identification parade
(Para 14)

Suspect can choose their own position in line and may change between witnesses.

Witness can request a parade member to speak/move, first asked if can identify on looks alone - judge must give strong warning to jury.

A colour photograph or video recording of the identification parade must always be taken
(para 23).

Question 38

Identification procedures - group identification

Answer 38

Code D, Annex C.

Informal group of people.

Group identifications may take place either with the consent and cooperation of the suspect, or covertly if the suspect does not consent (para 2).

In selecting the location for the holding of a group identification, the police must reasonably
expect that the witness will see some people whose appearance is broadly similar to that of
the suspect (para 6).

Question 39

Identification procedures - confrontation

Answer 39

When a witness is brought face- to- face with a suspect in the police station.

Rare.

Prior to a confrontation taking place, the witness must be told that the person they saw may, or may not, be the person they are to confront and that if they are not that person, the witness
should say so (Code D, Annex D, para 1).

Confrontations will usually take place in the presence of the suspect’s solicitor and usually occur where the suspect refuses to take part in any of the above alternative procedures.

Question 40

Identification procedures - identification officer

Answer 40

= officer not below the rank of inspector
who is not involved with the investigation (code D)
Present throughout and must be in uniform.

Before a video identification, identification parade or group identification is arranged, the
identification officer must explain 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;
(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 (Code D, para 3.17).