Visual Identification - Investigate Stage Flashcards
What is the main purpose of Code D of the Police and Criminal Evidence Act (PACE) 1984?
A. To allow police officers to arrest suspects without evidence.
B. To regulate the process of visual identification.
C. To ensure suspects always participate in an identification procedure.
D. To allow convictions based solely on eyewitness statements.
B. To regulate the process of visual identification.
Explanation:
Code D of PACE regulates how visual identification procedures are conducted. It was introduced to protect suspects from wrongful identification and ensure that eyewitness evidence is reliable. It includes procedures such as video identification, identification parades, and group identification.
Which of the following is NOT considered visual identification evidence?
A. An eyewitness picking a suspect out of a lineup.
B. An eyewitness identifying a suspect in a video identification procedure.
C. DNA evidence found at the crime scene.
D. An eyewitness recognising a suspect as someone they see frequently.
C. DNA evidence found at the crime scene.
Explanation:
Visual identification evidence refers to an eyewitness identifying a suspect based on their appearance. DNA evidence is forensic evidence, not visual identification. Other types of forensic evidence include fingerprints and telephone records.
What is the first identification method police should use under Code D?
A. Group identification
B. Video identification
C. Confrontation
D. Informal recognition by the witness
B. Video identification.
Explanation:
Under Code D, video identification (VIPER) is the preferred method of identification. It involves showing the witness a video of the suspect alongside similar-looking individuals. This method is less suggestive and reduces stress on the suspect.
What happens if a suspect refuses to participate in a video identification?
A. The case is dismissed.
B. The police must drop all charges.
C. An alternative method such as an identification parade may be used.
D. The witness is not allowed to testify.
C. An alternative method such as an identification parade may be used.
Explanation:
If a suspect refuses to participate in a video identification, the police can use other procedures such as an identification parade or group identification. The suspect’s refusal may also be used as evidence in court.
A witness to a robbery claims they saw the suspect clearly. The police arrest someone matching the description, but the suspect denies involvement. What should the police do under Code D?
A. Proceed to trial without conducting an identification procedure.
B. Hold an identification procedure unless an exception applies.
C. Use forensic evidence instead of an identification procedure.
D. Convince the witness to identify the suspect in court without an identification procedure.
B. Hold an identification procedure unless an exception applies.
Explanation:
If a suspect disputes their involvement in a case where an eyewitness claims to have seen them, the police must conduct an identification procedure unless an exception applies. This ensures that eyewitness evidence is properly tested before trial.
A suspect has a large facial scar, but none of the individuals in the lineup have similar features. What issue may arise?
A. The lineup is unfair and may breach Code D.
B. The police must drop the case.
C. The suspect must wear a mask during the lineup.
D. The police should only use video identification.
A. The lineup is unfair and may breach Code D.
Explanation:
If an identification lineup is not fair and does not include participants with similar distinguishing features, it may breach Code D. The police should use a method such as covering the suspect’s scar or adding similar features to other participants to ensure fairness.
A suspect refuses to take part in a video identification procedure. What can the police do?
A. Drop the case.
B. Hold an identification parade instead.
C. Proceed with a trial without identification evidence.
D. Coerce the suspect into taking part.
B. Hold an identification parade instead.
Explanation:
If a suspect refuses to take part in a video identification, the police can conduct an identification parade or use a group identification procedure. They cannot force the suspect to participate, but they can use alternative identification methods.
A solicitor representing a suspect claims that the police failed to conduct an identification procedure correctly under Code D. What can they do?
A. Challenge the evidence under section 78 of PACE.
B. Insist on a new identification parade.
C. Prevent any witnesses from testifying.
D. Demand an automatic acquittal.
A. Challenge the evidence under section 78 of PACE.
Explanation:
If the police fail to conduct an identification procedure correctly, the defence can challenge the evidence under Section 78 of PACE 1984. If the breach prejudices the suspect, the court may exclude the evidence from trial.
A suspect was arrested near a crime scene but refuses to explain why they were there. Under which section of the Criminal Justice and Public Order Act 1994 might an inference be drawn?
A. Section 34
B. Section 36
C. Section 37
D. Section 78
C. Section 37.
Explanation:
Under Section 37 of the Criminal Justice and Public Order Act 1994, an adverse inference can be drawn if a suspect fails to account for their presence at the scene of a crime.
If a suspect’s solicitor is not present at a video identification procedure, what should happen?
A. The identification is invalid.
B. The procedure can still proceed, but a note should be made of the absence.
C. The police must wait until the solicitor is present.
D. The witness should be shown only the suspect’s image.
B. The procedure can still proceed, but a note should be made of the absence.
Explanation:
If a suspect’s solicitor is not present at a video identification procedure, the procedure can still proceed but the absence must be recorded.
The police wish to conduct a covert group identification procedure in a shopping centre. When can this be done?
A. Only if the suspect has refused all other identification methods.
B. Only if the suspect consents.
C. Whenever the police want.
D. If all other methods have been considered and refused.
D. If all other methods have been considered and refused.
Explanation:
A covert group identification procedure is used only if all other methods have been considered and refused. It is a last resort method when other identification procedures are not possible.
