Visual Identification: Investigative Stage

Question 1

What evidence does not constitute visual identification evidence?

Answer 1

• mere description of clothing/vehicle (I couldn’t see his face but he was wearing a purple jumper)
• the suspect has a connection to a particular place or others at the scene
• a description of the suspect

Question 2

What should happen when a suspect is not known to eye-witness?

Answer 2

Then eye-witness:

• may be taken to a particular neighbourhood or place to see whether they can identify the person they saw on a previous occasion
• can be shown photographs in accordance with code D

Question 3

When is there a duty to hold an identification procedure?

Answer 3

When an offence has been witness and an eye-witness:

• has identified a suspect or purported to have identified them; or
• is available and expresses an ability to identify the suspect or
• has a reasonable chance of being able to identify the suspect

The suspect disputes being the person the eye-witness claims to have seen

Question 4

When is there not a duty to hold an identification procedure?

Answer 4

When it would be impractical do so or it would serve no useful purpose in proving or disproving the suspect was involved involved in the offence

Eg the suspect is already known to the witness

Question 5

What identifications procedures are available when the suspect is known to the police and they are available?

Answer 5

• video identification - the eye witness is shown moving images of a known suspect, together with similar images of others who resemble the suspect
• identification parade - the eye-witness sees the suspect in a line of others who resemble the suspect
• group identification - the eye-witness sees the suspect in an informal group of people

Question 6

What rank of officer should be in charge of identification procedures?

Answer 6

Responsibility of an officer not below inspector rank who is not involved in the investigation

Question 7

When will a video identification procedure not be the first option for an identification procedure?

Answer 7

• if it is not practicable
• an identification parade is more suitable

Question 8

What happens if the suspect refuses to take part in a video identification procedure?

Answer 8

Alternatives can be considered

Question 9

When should covert identification procedures be used?

Answer 9

Only as a last resort and only if all other procedures have been considered and refused

Question 10

What formalities are required for the holding of a video identification procedure?

Answer 10

• a record shall be made of the description of the suspect as first given by eye-witness
• a copy of the record shall be given to the suspect or their solicitor before any identification procedures are carried out
• a notice must be given to a suspect and the following must be explained:

i) the purpose of the procedure

ii) their entitlement to free legal advice

iii) the procedures for holding it, including their right to have a solicitor or friend present

iv) that they do not have to consent to or co-operate in the procedure

v) that if they do not consent to, and co-operate in a procedure their refusal may be given in evidence in any subsequent trial and police may proceed covertly without their consent or make other arrangements

• the suspect shall be invited to participate in a video identification procedure first

Question 11

What form does the VIPER take?

Answer 11

• officer films the suspect asking them to face the camera and be filmed from right, left and centre
• the identification officer, suspect and legal representative select lookalikes from over 10,000 video clips on the VIPER system
• a video clips produced with the suspect placed amongst at least eight other individuals who so far as possible, resemble the suspect in age, general appearance and position in life

Question 12

What happens if the suspect has an usual physical feature eg a facial scar or tattoo?

Answer 12

• unique feature may be replicate on others
• unique feature may be concealed on suspect

Question 13

Can the suspect object to the images?

Answer 13

Yes, if they have reasonable objection that they explain

Question 14

What must the video recording the VIPER show?

Answer 14

Must be recorded with sound and show:

• all persons present within the sight or hearing of the eye-witness whilst the images are being viewed
• what the eye-witness says
• what is said to the eye-witness by the identification officer and by anyone else present

Question 15

Does the suspect or the suspect’s solicitor have a right to be in room when video identification procedure is happening or to look at video of eye-witness doing VIPER?

Answer 15

Solicitor can be in room at time on request and with agreement of identification officer

Suspect cannot be in room at time.

Solicitor or suspect can request supervised viewing of video of VIPER at discretion of investigating officer

Question 16

What should happen once an identification parade is formed?

Answer 16

Everything in respect of it should happen in the presence and hearing of the suspect and any interpreter, solicitor, friend or appropriate adult who is present

Question 17

Should a video of the parade be taken?

Answer 17

Yes

Question 18

Does the suspect or their solicitor get to see the video of the ID procedure?

Answer 18

Yes on request and should be given to them in a reasonable time

Question 19

How many people are required for id parade?

Answer 19

8 people in addition to the suspect

Question 20

Can the suspect choose their own position in the line?

Answer 20

Yes

Question 21

What are witnesses who are to do ID parade not allowed to do?

Answer 21

• communicate with another witness
• overhear a witness who has already seen the ID parade
• see any other member of the ID parade
• see the suspect before or after the ID parade

Question 22

What can the witness ask of identification parade members?

Answer 22

Can ask them to speak, adopt any specified posture or move

Question 23

Do group identification procedures require the consent of the suspect?

Answer 23

No can be done with or without consent

Question 24

Where should a group identification procedure take place?

Answer 24

Should be one where other people are either passing by or waiting around informally, in groups such that the suspect is able to join them and be capable of being seen by the eyewitness at the same time as others in the group

Question 25

What happens if there has been a breach of Code D in relation to ID procedures?

Answer 25

Suspect can apply to exclude the evidence obtained in breach

Question 26

Does a breach of Code D in relation to ID procedures means evidence will automatically be excluded?

Answer 26

No

Question 27

When will ID evidence obtained in breach of ID procedures be excluded?

Answer 27

When the trial judge determines there has been significant prejudice to the accused.

If there is prejudice, judge must determine if the admission of the evidence would have such an adverse effect on the fairness of proceedings that the court ought not to admit it

Question 28

When will it be likely that ID evidence will be excluded?

Answer 28

When important safeguards have been flouted such as right to a formal identification procedure