Identification Procedures (Ch 2)

Question 1

What are the eye-witness procedures designed to do?

Answer 1

1. Test the witness’ ability to identify the suspect as the person they saw on a previous occasion.
2. Provide safeguards against mistaken identification.

Question 2

What can police do if they do not know the identity of the suspect?

Answer 2

Take a witness to a specific neighbourhood/place to see if they can identify the person they saw.

Question 3

When can police use an identification procedure?

Answer 3

If the identity of the suspect is known to the police and the suspect has been arrested.

Question 4

What must police keep a record of under Code D, para 3.1?

Answer 4

The suspect’s description as first given to them by a potential witness.

Question 5

What should be done with a copy of the suspect’s description record?

Answer 5

A copy should be given to the suspect or their solicitor.

Question 6

When must an identification procedure be held according to Code D, para 3.12?

Answer 6

When a witness identifies the suspect or thinks they can identify the suspect, and the suspect disputes being the person.

Question 7

What did R v Harris find re identification procedures?

Answer 7

An identification should have been held as the witness claimed to know the suspect and suspect disputed that he was known to W.

Question 8

When is it NOT necessary to hold an identification procedure?

Answer 8

1. If the suspect admits being at the scene of the crime without contradictory account.
2. If the suspect is already known to the witness and not disputed.

Question 9

Who decides which type of identification procedure is offered?

Answer 9

The investigating officer in conjunction with the identification officer.

Question 10

What are the four types of identification procedures?

Answer 10

1. Video ID
2. Identification parades
3. Group IDs
4. Confrontation

Question 11

Can an identification procedure be used if a witness has recognized a suspect from a photograph?

Answer 11

Yes, but certain conditions must be met.

Question 12

What must be recorded before a witness is shown a photo?

Answer 12

The witness’s first description of the suspect must be recorded.

Question 13

What must the video identification images include?

Answer 13

The suspect and at least 8 other people who resemble the suspect in age, general appearance, and position in life.

Question 14

What rights does the suspect or their solicitor have regarding video identification?

Answer 14

They must be given a reasonable opportunity to see the full set of images before they are shown to the witness.

Question 15

How many witnesses may see the video identification at a time?

Answer 15

Only one witness.

Question 16

What must the police not discuss with the witness before identification?

Answer 16

The composition of the set of images and whether a previous witness has made an identification.

Question 17

What occurs during an identification parade?

Answer 17

A witness sees the suspect in a line of other persons who resemble the suspect.

Question 18

How many people should be in an identification parade?

Answer 18

At least 8 people in addition to the suspect resemble suspect in age, height, general appearance and pos in life.

Question 19

What must police do if a suspect has unusual features during an identification parade?

Answer 19

They may conceal those features if they cannot replicate them.

Question 20

What must witnesses be told before inspecting the identification parade?

Answer 20

The person they saw may or may not be present, and they should not make a decision until they have looked at each member twice.

Question 21

What happens if a suspect is picked out after being asked to speak?

Answer 21

This evidence will be admissible at trial, but the judge will warn the jury to treat it with caution.

Question 22

What is a group identification?

Answer 22

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

Question 23

Does a group identification require the suspect’s consent?

Answer 23

No, it can occur with or without the suspect’s consent.

Question 24

What is a confrontation in identification procedures?

Answer 24

When a witness is brought face-to-face with the suspect in a police station; W told that the person they saw may or not be they are confronted with and they should say either way.

Question 25

Who is responsible for running an identification procedure?

Answer 25

The Identification Officer, who must not be involved in the investigation.

Question 26

What must the Identification Officer explain to the suspect before an ID procedure?

Answer 26

The purpose of the procedure, the suspect's entitlement to legal advice, and the implications of refusing to consent (police can proceed covertly; refusal admiss as ev at trial), if change app this can be adm ev at trial, whether before identify known W was shown photos.

Question 27

What is the purpose of the identification procedure?

Answer 27

To inform the suspect of the procedure to be used and their rights, including legal advice and presence of a solicitor or friend.

Question 28

What happens if a suspect refuses to consent to an identification procedure?

Answer 28

Such refusal may be given in evidence at trial, and the police may proceed covertly or make other arrangements to test identification.

Question 29

What should be noted if a suspect significantly alters their appearance before an identification procedure?

Answer 29

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

Question 30

What must be disclosed to the suspect and solicitor before the identification procedure?

Answer 30

Details of the description of the suspect as first given by any witnesses who are to attend the ID procedure.

Question 31

When does an identification procedure generally take place?

Answer 31

After the suspect's first interview, when the police are aware if the suspect disputes being the person seen by the witness.

Question 32

What happens if a suspect is positively identified at an ID procedure?

Answer 32

The suspect is likely to be re-interviewed or charged with the offence.

Question 33

What should a solicitor advise if police want to hold a video ID or ID parade?

Answer 33

The solicitor should advise the client to agree to such a procedure.

Question 34

What is an advantage of agreeing to participate in an identification procedure?

Answer 34

If the witness cannot identify the client, the police may release the client without charge.

Question 35

What are the disadvantages of not agreeing to participate in an identification procedure?

Answer 35

Police may hold a less satisfactory form of ID procedure, and refusal to participate is admissible at trial.

Question 36

What should a solicitor do if they believe an ID procedure should be carried out but police decide not to?

Answer 36

Make representations to the investigating officer and ensure these are recorded in the custody record.

Question 37

What must a solicitor obtain from the police for a video identification?

Answer 37

Details of the first description of the suspect and ensure the images resemble the suspect.

Question 38

What should a solicitor check during a video identification?

Answer 38

Witness segregation, presence of unauthorized persons, and the route witnesses take.

Question 39

What should a solicitor do if they suspect contamination of a video identification?

Answer 39

Ask witnesses if they discussed the description of the offender and request a note of concerns be made.

Question 40

What should a solicitor ensure before an identification parade takes place?

Answer 40

Details of the first description of the suspect are provided, and the client understands the procedure.

Question 41

What should a solicitor check regarding other participants in an identification parade?

Answer 41

They should resemble the client in age, height, and general appearance.

Question 42

What must a solicitor ensure regarding witness segregation before an identification parade?

Answer 42

Witnesses must be segregated and have no opportunity to see the client or participants beforehand.

Question 43

What should a solicitor do if they suspect contamination of an identification parade?

Answer 43

Ask witnesses if they discussed the offender's description and request a note of concerns be made.

Question 44

What records must a solicitor keep during any identification procedure?

Answer 44

A detailed record of what happens, ensuring compliance with procedural requirements.

Question 45

What should be recorded by the identification officer during the procedure?

Answer 45

Any objections to the conduct of the procedure and comments made during the procedure.