Suspect’s description as first given to them by a potential witness: record-keeping obligation?
The police must keep a record of the suspect’s description as first given to them by a potential witness
Before any form of identification procedure takes place, a copy of this record should be given to the suspect or their solicitor.
Identification procedure: when must one be held?
Whenever:
- (a) a witness has identified or purported to have identified a suspect; or
- (b) a witness thinks they can identify the suspect
- (C) 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
UNLESS
- not practicable or
- would serve no useful purpose in proving or disproving whether suspect involved in the offence
Identification procedure: what if not disputed that the suspect is already known to the witness?
Not necessary to hold an identification procedure
serve no purpose because the witness would inevitably pick out the suspect
Identification procedure: what if a witness to a crime has purported to identify the suspect in the street some time after the crime was committed?
An identification procedure should also be held
Identification procedure: types?
There are four different types of identification procedure:
- (a) video identification;
- (b) an identification parade;
- (c) a group identification; and
- (d) confrontation by a witness
Identification procedure: which type should be used?
Per Code D, a suspect should initially be offered a video identification
unless
[i] a video identification is not practicable
[ii] an identification parade is both practicable and more suitable
[iii]
- 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
Identification procedure: who decides which type of procedure is offered to suspect?
Decision made by investigating officer in conjunction with the identification officer
Identification procedure: what is the most common form of identification procedure?
A video identification is now the most common form
- preferred to identification parades as can be arranged and completed sooner
Identification parades and group identifications
- are held only rarely
Confrontations are very much a last resort
The police may keep photographs of individuals with previous convictions.
May they show these to a witness?
As a follow-up, can an identification procedure be used if a witness has recognised a suspect from a photograph?
Yes, but that witness’ first description of the suspect must have been recorded beforehand
Process
- witness must be shown at least 12 photographs at a time
- as soon as witness make positive identification
- no other witnesses should be shown the photographsss
The witness
- who made identification and
- any other witnesses
- should then be asked to take part in identification procedure
If a witness attending an identification procedure has previously been shown photographs or a composite, who must be notified of this?
The suspect or his solicitor must be notified
Video identification procedure: how many images and what are requirements images must meet?
A video identification occurs
- witness is shown moving images of a known suspect
- with similar images of others who resemble the suspect
The images must include
- the suspect
- at least eight other people
- who resemble suspect in age, general apperance and position in life
- people must be in same positions or carrying out the same sequence of movements
Where two suspects of roughly similar appearance are shown
- must be shown with at least 12 other people
Video identification procedure:
What if suspect has unusual features which do not appear on images of other people?
Then police may take steps
- to conceal those features on the video or
- to replicate features on images of other people
If a witness
- having seen video images where concealment or replication has been used
- wants to see an image without the concealment or replication of the unusual feature
- the witness may be allowed to do so
Video identification procedure: obligation to show to suspect or their solicitor?
The suspect or their solicitor must be given
- a reasonable opportunity to see full set of images
- before they are shown to any witness
If there is a ‘reasonable objection’ to
- the images or to any of the other participants
- the police must take steps, if practicable,
- to remove the grounds for objection
Video identification procedure: can suspect and their solicitor attend?
A suspect will not be present at the video identification
The suspect’s solicitor
- should be given reasonable notice of the time and place
- so that they may attend
Video identification procedure: how are images shown?
Only one witness may see the video at a time.
The playback of the video may be frozen
There is no limit on the number of times the suspect may see the video
Video identification procedure: what must witnesses not be able to do before they see the set of images?
(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
(cii) or be given any other indication as to the suspect’s identity; or
(d) overhear a witness who has already seen the material
Video identification procedure: what must the witness not be told?
whether a previous witness has made an identification
Video identification procedure: what if suspect refuses to participate?
alternative procedures may be followed (see below)
including a covert video identification
Identification parades: how many people and what are requirements must they meet?
The identification parade will consist of
- the suspect
- at least eight other people who
- so far as possible, resemble the suspect in age, height, general appearance and position in life
A colour photograph or video recording of parade
- must always be taken to help guard against later dispute
- e.g., members were not sufficiently similar in height
If has unusual features
- which not possible to replicate on the other participants
- police may take steps to conceal those features
Identification parades: police must take appropriate arrangements to ensure what?
That before attending the parade, 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 suspect’s identity
(d) see the suspect before or after the identification parade.
Identification parades: may suspect alter order of people forming line?
The suspect is allowed to choose their own position in the line
And may change positions between witnesses
But cannot otherwise alter
Identification parades: may witness ask parade member to speak, move, or adopt posture?
If they make such a request
- should be asked whether they can identify on appearance only
- and reminded participants been chosen on the basis of physical appearance only
Then member can be asked to comply with request
Identification parades: if suspect is picked out after being asked to speak, is this admissible at trial?
It is admissible, but judge will give a very strong warning to the jury to treat such evidence with the utmost caution
Identification parades: what if suspect refuses to participate?
Police cannot compel
But there are practical and evidential implications when this occur
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1. Advising clients about the procedure and processes at the police station97
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2. Identification Procedures38
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3. Charging the Suspect (Charging suspects is not on the SRA’s syllabus for SQE1)2
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4. Representing Vulnerable Clients33
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5. Classification of offences9
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5. Public funding available to a defendant and applying for a representation order22
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5. First Hearings Before the Magistrates’ Court8
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6. Plea Before Venue and Allocation of Business Between the Magistrates’ Court and Crown Court28
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7. Bail58
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8. Case Management and Pre-trial Hearings45
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9. Principles and Procedures to Admit and Exclude Evidence122
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10. Trial Procedure in the Magistrates’ Court and Crown Court82
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11. Sentencing59
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12. Appeals Procedure42
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13. Youth Court Procedure45
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SBAQs to revise23
