What is NOT visual identification evidence?
- description of clothing / vehicle
- suspect having a connection to a place / person e.g thought it was her bc she’s always there on a Sat
- description of suspect without a formal visual ID process
What are the concerns for eyewitness ID?
Even honest & convincing eye witness could be mistaken (even if know them well)
Confident ID is no more reliable that hesitant one
What ID procedures are carried out where the suspect is not known to the police?
- taken to an area / place to see if they can identify the person
- shown photos (Code D)
When is there a duty to hold ID procedures?
Offence witnessed and eye witness…
- has identified suspect/ puported to
- available
- reasonable chance to identify
Suspect disputes being seen (no need if already known to witness/ admitted being there)
What is responsible for ID procedures?
Inspector or above not involved in investigation
(ID officer)
When is video ID not used?
- not practicable
- ID parade is more suitable
If refuses can consider alternative
What must be done before a video ID procedure? (formalities)
- Record of description of suspect by eye witness
- Copy of record given to suspect/ sol before !
- Suspect invited to do video ID first
- Notice given:
- purpose
- entitled to free legal advice
- procedure and right to solicitor or friend
- do no need to consent or cooperate
- if do not consent/ cooperate, refusal may be given in evidence in trial and can be continued covertly
How many other lookalikes in the video procedure?
8 others (9 inc suspect)
resemble age, general appearance and position in life
What must suspect/ solicitor/ friend be given before ID procedure?
reasonable opportunity to see complete set of images before shown to eye witness
What happens if suspect objects to images in video ID?
asked to state reasons for objection
What should witness be told before ID procedure?
Suspect may or may not be there
When can solicitor be present at video ID?
On request and agreement from ID officer
How is a video ID recorded?
video with sound
must show:
- all persons present within sight / hearing of witness
- what witness says
- what is said by eye witness to ID officer/ any by other person
How can an ID parade take place?
- normal room
- room with a screen (witness cannot be seen)
How many in ID parade?
8 others in addition to suspect (9 altogther)
can conceal any features
suspect can select own position in the line !
What can witnesses not do at an ID parade?
- communicate with each other
- overhear a witness who has already seen
- see any member of the ID parade
What can a witness ask in ID parade?
any member to speak / posture / move
What is important for group ID procedure?
Can take place covertly without consent
location should be informal
witnesses should not be able to communicate
What must witness be told before confrontation procedure?
Person may or may not be the person they specified earlier and if they are not they should say so
(normally police station)
When is a voir dire used?
evidence around the breach of PACE (ID) is disputed
judge willk hear evi under oath
What is the remedy for Code D? (ID procedures)
apply to exclude evidence obtained under s78
but a breach is not an automatic exclusion
How does judge decide such an adverse effect on proceedings that evidence should not be admitted?
Significant prejudice to the suspect?
e.g no right to formal ID procedure / incorrect conditions
(seriousness, reckless, careless, delibrate, improper, failure to keep records)
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Intro (courts/trial)22
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Professional conduct16
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Syllabus offences9
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Detention23
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Suspect's rights16
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Interviews10
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Role of solicitor at police station17
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Inferences10
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Identification22
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Commencing proceedings12
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Bail49
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First Hearings44
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Disclosure38
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Pre-trial matters26
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Evidence156
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Witnesses32
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Summary trial13
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Crown Court trial26
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Sentencing39
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Types of sentence37
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Appeals64
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Youths15
