1.8 Identification

Question 1

Under the Turnbull guidelines, when must a judge warn the jury of the special need for caution regarding identification evidence?

Answer 1

When the case against the accused depends wholly or substantially on one or more identifications which the defence alleges are mistaken.

Question 2

According to the Turnbull guidelines, why is a witness who is honest and convinced they are right still potentially wrong?

Answer 2

Visual identification is inherently unreliable, and even convincing witnesses or those identifying close relatives can make mistakes.

Question 3

Identify three circumstances a jury should examine to assess the reliability of a witness identification under Turnbull.

Answer 3

The length of time observed, the distance from the accused, the state of the light, and the time elapsed before the police identification.

Question 4

How does PACE Code D define the term ‘identification by an eye-witness’?

Answer 4

When a witness who saw the offender committing the crime is given an opportunity to identify a suspect in a formal procedure like a video identification.

Question 5

What is the primary purpose of ‘Part B’ of PACE Code D, Section 3?

Answer 5

To test a person’s claim that they recognise an individual in an image as someone known to them, rather than an eye-witness identification.

Question 6

In the context of PACE Code D, what does it mean for a suspect’s identity to be ‘known’?

Answer 6

There is sufficient information to establish reasonable grounds to suspect a particular person of involvement in the offence in accordance with Code G.

Question 7

When a suspect’s identity is not known, what procedure may be used to see if an eye-witness can identify the person they saw previously?

Answer 7

The eye-witness may be taken to a particular neighbourhood or place to see if they can identify the person independently.

Question 8

True or False: An eye-witness may be shown photographs if the identity of the suspect is known and they are available for a formal procedure.

Answer 8

False.

Question 9

What is the minimum number of images required for a video identification procedure involving one suspect?

Answer 9

Nine (the suspect plus at least eight other people).

Question 10

How many images are required for a video identification if there are two suspects of similar appearance?

Answer 10

Fourteen (the two suspects plus at least twelve other people).

Question 11

Define a ‘group identification’ under PACE Code D.

Answer 11

A procedure where an eye-witness sees the suspect in an informal group of people.

Question 12

What is the minimum rank required for an officer to act as the ‘identification officer’?

Answer 12

Inspector.

Question 13

What is the primary restriction on the identification officer regarding the investigation?

Answer 13

They must not be involved with the investigation of the case against the suspect.

Question 14

Under what condition must a formal identification procedure be held if an eye-witness is available?

Answer 14

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

Question 15

Identify two exceptions where a formal identification procedure is not required despite a dispute.

Answer 15

When it is not practicable or when it would serve no useful purpose (e.g., the suspect admits being at the scene).

Question 16

Which identification procedure is a suspect initially invited to take part in as the default choice?

Answer 16

Video identification.

Question 17

What must be explained to a suspect regarding the consequences of refusing to co-operate with a formal identification procedure?

Answer 17

That their refusal may be given in evidence at trial and the police may proceed covertly or make other arrangements.

Question 18

When is a ‘confrontation’ between an eye-witness and a suspect permitted?

Answer 18

Only when video identification, identification parades, and group identifications are not practicable.

Question 19

According to Part B, how many times must a person view the whole of the visual material before being asked if they recognise anyone?

Answer 19

At least twice (unless the officer in charge decides it is unreasonable due to the number of images).

Question 20

What specific details must be recorded if a witness claims to recognise someone in a Part B procedure?

Answer 20

The reason for recognition, the words of recognition used, any expressions of doubt, and the features that triggered the recognition.

Question 21

How does the court treat ‘E-fits’ as evidence compared to photographs?

Answer 21

E-fits are treated as hearsay evidence because they rely on the artist’s perception of the witness’s description.

Question 22

What constitutes a ‘recordable offence’ for the purposes of taking fingerprints?

Answer 22

Offences carrying a sentence of imprisonment or specific non-imprisonable offences listed in the National Police Records Regulations 2000.

Question 23

Under Section 61(6A) PACE, when can a constable take fingerprints from a non-arrested suspect on the street?

Answer 23

When the person’s name is unknown/cannot be readily ascertained or the constable has reasonable grounds to doubt the name given is real.

Question 24

What must happen to fingerprints taken under the power of Section 61(6A) (street identification) after they are checked?

Answer 24

They must be destroyed immediately after the check is completed.

Question 25

Define a 'speculative search' in relation to biometric data.

Answer 25

Checking fingerprints, footwear impressions, or DNA samples against records held by or on behalf of the police and other law enforcement.

Question 26

What is the age threshold for the power to take fingerprints without consent under Section 61 PACE?

Answer 26

Ten years or over.

Question 27

What rank must an officer be to authorise taking fingerprints from a person convicted of a qualifying offence outside England and Wales?

Answer 27

Inspector.

Question 28

Under PACE Section 61A, what is the prerequisite for taking footwear impressions without consent from a person at a police station?

Answer 28

The person must be arrested for, charged with, or informed they will be reported for a recordable offence.

Question 29

Under Section 54A PACE, what is the purpose of searching or examining a detainee at a police station?

Answer 29

To establish their identity or whether they have identifying marks (e.g., tattoos or scars) relating to an offence.

Question 30

Who must authorise a search for identifying marks under Section 54A if the detainee withholds consent?

Answer 30

An officer of at least the rank of Inspector.

Question 31

In what circumstances may force be used to photograph a detainee's identifying marks?

Answer 31

If the detainee is unwilling to co-operate and an Inspector has authorised the procedure.

Question 32

What is the requirement for the gender of an officer conducting a search or examination under Section 54A?

Answer 32

The officer must be of the same sex as the detainee.

Question 33

Define an 'intimate sample' under PACE Code D.

Answer 33

A dental impression, blood, semen, tissue fluid, urine, pubic hair, or a swab from a body orifice (other than the mouth) or genitals.

Question 34

Define a 'non-intimate sample' under PACE Code D.

Answer 34

A sample of non-pubic hair (including roots), a nail sample, a non-genital swab, saliva, or a skin impression (other than fingerprints).

Question 35

What are the two requirements for taking an intimate sample from a person in police detention?

Answer 35

Authorisation by an Inspector (based on reasonable grounds) and the suspect's written consent.

Question 36

Who is authorised to take a dental impression from a suspect?

Answer 36

A registered dentist only.

Question 37

Who is authorised to take intimate samples other than urine or dental impressions?

Answer 37

A registered medical practitioner, registered nurse, or registered paramedic.

Question 38

What warning must be given to a suspect before they are asked to provide an intimate sample?

Answer 38

That if they refuse without good cause, their refusal may harm their case if it comes to trial.

Question 39

Under Section 63(2A) PACE, when can a non-intimate sample be taken from a detainee without consent?

Answer 39

When they are in police detention following arrest for a recordable offence and a sample of that type has not already been taken or was insufficient.

Question 40

What defines an 'insufficient' sample in DNA analysis?

Answer 40

A sample that is not sufficient in quantity or quality, or has been contaminated, making analysis impossible.

Question 41

What rank must an officer be to authorise taking a non-intimate sample from a person held in custody on the authority of a court?

Answer 41

Inspector.

Question 42

What is the time limit for making a requirement for a person to attend a station for a non-intimate sample if the first sample was unsuitable?

Answer 42

Six months from the day the investigating officer was informed the sample was unsuitable.

Question 43

Under Annex A, what responsibility does the Identification Officer have regarding unusual physical features (e.g., a tattoo) in video IDs?

Answer 43

They have discretion to conceal or replicate the feature electronically so that the suspect and others resemble each other.

Question 44

In a video identification, what advice must be given to the witness regarding how many times they can view the images?

Answer 44

There is no limit on how many times they can view the images, but they should see the whole set at least twice before deciding.

Question 45

Can a suspect be present when the images are shown to an eye-witness during a video identification?

Answer 45

No.

Question 46

What is the minimum number of participants required for a standard identification parade (excluding the suspect)?

Answer 46

Eight people who resemble the suspect.

Question 47

What right does a suspect have regarding their position in an identification parade line?

Answer 47

The suspect may select their own position and may change it after each witness has left.

Question 48

What must a witness be told immediately before inspecting an identification parade?

Answer 48

That the person they saw may or may not be present and that if they cannot make an identification, they should say so.

Question 49

Under what condition may an identification parade involving a screen take place?

Answer 49

Only if the suspect's solicitor, friend, or appropriate adult is present, or if the parade is recorded on video.

Question 50

How is a group identification conducted if it is 'covert'?

Answer 50

Without the suspect's consent and without their knowledge, often at locations frequented by the suspect.

Question 51

Under Annex E, what is the minimum number of photographs that must be shown to an eye-witness at one time when there is no known suspect?

Answer 51

Twelve.

Question 52

What rank must the officer be who is responsible for supervising the showing of photographs under Annex E?

Answer 52

Sergeant or above.

Question 53

If a witness identifies someone from a photograph (Annex E), what is the next step?

Answer 53

Other witnesses shall not be shown photos; all witnesses (including the identifier) should attend a formal procedure like a video ID.

Question 54

Within what timeframe must all DNA samples be destroyed after being taken?

Answer 54

Within 6 months.

Question 55

What is the retention period for DNA profiles and fingerprints for an adult convicted of a recordable offence?

Answer 55

Indefinite.

Question 56

What is the standard retention period for fingerprints of an adult charged with, but not convicted of, a qualifying offence?

Answer 56

3 years (with potential for a 2-year extension if granted by a District Judge).

Question 57

What defines a 'qualifying offence' under Section 65A PACE?

Answer 57

Offences involving sexual crimes, violence, terrorism, burglary, and other serious offences listed in the Act.

Question 58

What is the retention rule for fingerprints of an adult arrested for a non-qualifying recordable offence who is not convicted?

Answer 58

They are not retained (unless the person has a separate previous non-excluded conviction).

Question 59

Who can apply for an extension to the biometric retention period for a qualifying offence?

Answer 59

The Chief Constable.

Question 60

How long do footwear impressions generally be retained?

Answer 60

For as long as necessary for purposes related to the prevention/detection of crime or the investigation of an offence.

Question 61

What happens to biometrics taken for elimination purposes from an innocent volunteer once the purpose is fulfilled?

Answer 61

They must be destroyed unless the volunteer gives informed written consent for them to be retained.

Question 62

How many days' notice must a requirement to attend a police station for biometrics (Annex G) usually provide?

Answer 62

At least seven days.

Question 63

What allows an officer to authorise a shorter notice period than 7 days for a biometric requirement?

Answer 63

Urgent need for the biometrics for the investigation of an offence, authorised by an Inspector or above.

Question 64

If a suspect significantly alters their appearance between being offered a procedure and the attempt to hold it, what are the consequences?

Answer 64

This may be given in evidence at trial, and the identification officer may consider alternative forms of identification.

Question 65

What is the mandatory recording requirement for a video identification procedure?

Answer 65

It must be recorded on video with sound, showing all persons within sight/hearing of the witness.

Question 66

Is consent required for a 'confrontation' procedure?

Answer 66

No.

Question 67

Can force be used to make a suspect's face visible during a confrontation?

Answer 67

No.

Question 68

When a juvenile is under 14, whose consent is sufficient for an identification procedure?

Answer 68

The parent's or guardian's consent is sufficient in its own right.

Question 69

What role does a 'pre-trial support person' play for a vulnerable witness during an identification procedure?

Answer 69

They accompany the witness for support but must not prompt any identification of a suspect.

Question 70

What is the status of Code D guidance vs. legislation in court proceedings?

Answer 70

A breach of the Code does not automatically exclude evidence, but the court may exclude it under s.78 PACE if it results in unfairness.

Question 71

For a suspect who is mentally vulnerable, when is their consent for a procedure valid?

Answer 71

Only if given in the presence of an appropriate adult.

Question 72

What is the status of 'dock identifications' in actual practice?

Answer 72

They are generally disallowed as being unreliable and unfair.

Question 73

In recognition cases, what must the jury be reminded of regarding close relatives or friends?

Answer 73

That mistakes in recognition of close relatives and friends are sometimes made.

Question 74

What rank must an officer be to authorise the taking of biometrics from a suspect who has already had them taken twice for the same offence?

Answer 74

Inspector or above.

Question 75

What must be done before showing photographs to an eye-witness under Annex E?

Answer 75

The supervising officer must confirm that the witness's first description of the suspect has been recorded.