2. Identification procedures

Question 1

Which code governs the procedures that the police need to follow when obtaining identification evidence?

Answer 1

Code D

Question 2

When must an identification procedure be held? (4)

Answer 2

1. Whenever a witness has identified or purported to have identified a suspect
2. 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 states that an identification procedure **shall **be held unless it is not practicable or would serve no useful purpose in proving or disproving whether the suspect was involved in committing the offence.
3. If the officer in charge of the investigation considers it would be useful
4. If a witness to a crime purports to identify the suspect in the street some time after the crime.

Question 3

What are two examples of when it would not be necessary for an identification procedure to be held?

Answer 3

1. When the suspect admits being at the scene of a crime and gives an account which does not contradict what the witness saw, and
2. When it is not disputes that the suspect is already known to the witness

(the witness would inevitably pick out the suspect in these cases)

Question 4

What are the four different types of identification procedures?

Answer 4

1. Video Identification (most common)
2. Identification parade
3. Group identification
4. Confrontation by a witness

Question 5

What is the procedure for a video identification procedure? (8)

Answer 5

1. Must include the suspect and at least 8 other people who resemble the suspect in age, general appearance and position in life
2. If two suspects of rougly similar appearance, must be shown with at least 12 other people
3. Must be same positions or carrying out same sequence of movements
4. Suspect or solicitor must be given a reasonable opportuntiy to see the full set of images before they are shown to any witness
5. If any reasonable objection to any images, the police must take steps, if practicable, to remove the grounds for objection (e.g. remove and replace)
6. If a suspect has any unusual features (scar, tattoo, hair colour), the police may take steps to conceal those features on the video or replicate on the other people. Witness can also request to see the images without concealment or replication.
7. Only one witness may see the video at a time.
8. Playback may be frozen and no limit on the number of times the witness may see the video. Not able to make a decision until seen it twice

Question 6

Is the suspect present for the video identification?

Answer 6

No, but will have attended the station on an earlier date to be video recorded.

Question 7

Is the solicitor present for the video identification?

Answer 7

They should be given reasonable notice of the time and place fo the identification so they may attend to ensure that it is carried out properly.

Question 8

What are witnesses not able to do before they see a video identification? (4)

Answer 8

1. Communicate with each other about the case
2. see any of the images which are to be shown
3. see, or be reminded of, any photo or description of the suspect, or be given any other indication as to the suspect’s identity
4. Overhear a witness who has already seen the material

Question 9

What must the police NOT do in relation to a video identification? (2)

Answer 9

1. Must not discuss with the witness the composition of the set of images
2. Must not tell the witness whether a previous witness has made an identification

Question 10

What is an identification parade?

Answer 10

Witnesses see the suspect in a line of other persons who resemble the suspect.
At least 8 other people (in addition to the suspect) who resemble them in age, height, general appearance and position in life.

Question 11

What is a video idenficiation?

Answer 11

The witness is shown moving images of a known suspect, together with similar images of others who resemble the suspect.

Question 12

When should a confrontation be used?

Answer 12

Only in extreme circumstances and as a last resort - very rare. Must be warranted. The witness should never be taken to the cell - this would be a breach of Code D.

Question 13

If photographs of individuals from previous convictions are shown to the witness, what must happen first?

Answer 13

Witness’ first description of the suspect must have been recorded.

Question 14

How many photographs should be shown? (from previous convictions)

Answer 14

At least 12

Question 15

What should happen straight after a witness makes an identification from a photo?

Answer 15

Formal identification procedure

Question 16

What should the police do if the suspect has any unusual features during an identification parade?

Answer 16

If a suspect has any unusual features (scar, tattoo, hair colour), which is not possible to replicate on the other participants in the parade, the police may take steps to conceal those features. E.g. plaster to hide facial scar, or hat for hair colour.

Question 17

What should the police ensure that before attending the parade, the witnesses are not able to do? (4)

Answer 17

1. Communicate with each other about the case, or overhear a witness who has already seen the identification parade
2. see any member of the identification parade
3. see, or be reminded of, any photo or description of the suspect, or be given any other indication as to the suspect’s identity
4. see the suspect before or after the identification parade

Question 18

What should the witness be told before the identification parade?

Answer 18

They shall be told the person they saw on a specified earlier occasion may, or may not, be present and if they cannot make a positive identification, they should say so. The witness must also be told they should not make any decision about whether the person they saw is on the identification parade until they have looked at each member twice.

Question 19

If a witness wants a parade member to speak, move or adopt a posture what must the police do?

Answer 19

Must remind them that the participants in the parade have been chosen on the basis of physical appearance only.

Question 20

If a suspect is asked to speak, and they are then picked out, what will the judge do?

Answer 20

Will give the jury a very strong warning to treat such evidence with utmost caution.

Question 21

In order to help guard against later disputes, what must happen during the identification parade?

Answer 21

A colour photograph or video recording of the parade must be taken to help guard against any later dispute that the other members of the parade were not sufficiently similar to the suspect ‘in age, height, general appearance and position in life’.

Question 22

What is a group identification?

Answer 22

When the witness sees the suspect in an informal group of people.

Question 23

When can a group identification take place?

Answer 23

Either with the consent and cooperation of the suspect, or covertly if the suspect does not consent (Code D, Annex C).

Question 24

Where does a group identification take place?

Answer 24

Where other people are passing by or waiting around informally (e.g. escalator, shopping centre or bus station).

Suspect should be able to join these people and be capable of being seen by the witness at the same time as others in the group.

Question 25

In a group identification, what are the requirements for others resembling the suspect?

Answer 25

In selecting the location, the police must reasonably expect that the witness will see some people whose appearance is broadly similar to that of the suspect (beyond that, no requirement that the other perseons whom the witness sees in addition to the suspect have any particular likeness to the suspect).

Question 26

What happens if a suspect refuses to consent to the group identification?

Answer 26

Can be held covertly. and the police can take the witness to a place where the suspect is likely to be at a given time.

Question 27

What is a confrontation?

Answer 27

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

Question 28

What must happen before a confrontation?

Answer 28

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. Given the above warning.

Question 29

When might a confrontation take place?

Answer 29

If the suspect refuses to take part in any of the other alternative procedures.

Question 30

Who should also be present for a confrontation?

Answer 30

The suspect's solicitor.

Question 31

Who is responsible for the running of an identification procedure?

Answer 31

Responsiblity of an officer not below the rank of inspector who is not involved with the investigation. Known as the 'identification officer'.

Question 32

What is the identification officer responsible for?

Answer 32

In charge of the identification procedure and must ensure that it complies with the requirements of Code D. Must be present throughout the procedure and must be in uniform.

Question 33

Does the investigating officer have any involvement in the conduct of the identification procedure? Why?

Answer 33

No. No officer involved in the investigation may take part. This is to ensure there is no risk of the investigating officer seeking to influence in any way the witnesses who are to take part in the identification procedure.

Question 34

What must the identification officer do before video/ parade/ group? (7)

Answer 34

Must explain to the following matters 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, or arrange confrontation. e. that if a suspect has signficantly altered their appearance between being offered a procedure and the time of it, this may be given in evidence at trial and then the 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 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

Question 35

What does Code D say about the timing of an identification procedure?

Answer 35

'It must be held as soon as practicable'.

Question 36

If the police decide to hold an identification procedure, what happens to the supect in the interim?

Answer 36

Released on police bail with requirement to re-attend police station at later date when the procedure takes place.

Question 37

When does the identification procedure usually take place?

Answer 37

After the suspect's first interview. Usually only be at this stage of the investigation that the police will be aware if the suspect disputes they were the person the witness saw at the relevant time.

Question 38

What should the solicitor advise the client regarding an identification procedure? Why?

Answer 38

To agree to the procedure being carried out. If the witness attending cannot identify the client, the police may release the client without charge.

Question 39

What should the solicitor warn the client if they are not prepared to take part in video or parade identification procedure?

Answer 39

Should warn them that the police may hold a less satisfactory form of identification procedure, such as group or confrontation. They are less satisfactory than video or parafe because it is more likely that the suspect will be identified by the witness, as the suspect will not be seen in a group of people who resemble them in appearance. The police may also choose to video the suspect covertly for a video identification.

Question 40

What does para 3.14 of Code D say?

Answer 40

A suspect should initially be offered a video identificaiton unless this is not practicable.

Question 41

Is refusing to take part in an ID proedure admissable at trial? What are the consequences?

Answer 41

Yes. The consequence is that the court may draw an adverse inference from the refusal of a suspect to take part. The adverse inference will be that the suspect refused to take part becasue they though they would be recognised by the witness who would have attended the procedure.

Question 42

What happens if the police decide not to hold an ID procedure, even if the suspect disputes invovlement and is willing to take part?

Answer 42

This is a breach of Code D. The solicitor should make representations to this effect to the investigating officer and also ensure their representations are recorded in the custody recrod as such a failure may allow them to subsequently challenge the admissibility of any later disputed visual identification evidence at trial.

Question 43

Who is allowed to be present at the video ID?

Answer 43

The solicitor.

Question 44

What is solicitor allowed to see in advance of the video ID? (2)

Answer 44

1. Details of the first description of the suspect given by the potential witness. 2. The images to be used to resemble the suspect in age, height, general appearance and position in life. Should object if needed etc. and also if prominent feature.

Question 45

Who is NOT allowed at a video ID/ ID parade?

Answer 45

Investigating officer.

Question 46

What should a solicitor do at the video ID? (3)

Answer 46

1. Ensure the witnesses attending the procedure are segregated from each other 2. Ensure no unauthorised persons are present (investigating officer) 3. Check the number of witnesses to attend, where they are to be kept before and after procedure, and the route they will take both to view and then to leave

Question 47

What should a solicitor do if they think that a Video ID or Parade has been contaminated in any way? (2)

Answer 47

1. They should ask the witness if they have discussed the description of the offender with anyone, either before attending or whilst at the police station 2. They should ask that a note of their concerns are made by the identification officer in the written record of the video ID procedure

Question 48

What is a solicitor entitled to see before the ID parade? (2)

Answer 48

1. Details of the first description of the suspect given by the potential witness 2. Check other participants resemble client in age, height, general appearance and position in life. If not, can make representations to the identification officer and either ask for the parade to be postpones, or for some form of disguise to be used (e.g. if taller, everyone can sit).

Question 49

What should a solicitor tell a client before a parade? (2)

Answer 49

1. They may choose where to stand on the parade 2. Whilst the parade is taking place they should not speak or do anything to draw attention to themselves

Question 50

What should the solicitor check before the parade?

Answer 50

1. Witnesses are properly segregated before the parade and no opportunity for the witnesses to see wither the client or the other participants in the parade before it takes place 2. Check the route witnesses to take 3. Check witnesses are waiting kept in separate rooms 4. Ensure there is no opportuntiy for a witness who has already attended the parade to speak to another witness before that witness has attended the parade 5. Ensure that the investigating officer is to play no part

Question 51

What is Code D, Annex A?

Answer 51

Video Identification?

Question 52

What is Code D, Annex B?

Answer 52

Identification Parage