What are the points of proof for identity?
- Eyewitness identification
- Voice identification
- Admissions
- Handwriting
- Deoxyribonucleic Acid (DNA)
- Fingerprints
What is the best practice to prove someone’s identity if the witness has never met the suspect before?
By way of formal identification parade.
What are the elements of identification parade?
- They consist of eight (or more) persons of the same sex as the suspect.
- The suspect is placed among them.
- The witness or witnesses are brought before the parade one at a time and invited to say whether the person seen committing the crime or seen at an incident is one of those in the parade.
Who can conduct an identity parade?
A Sergeant or above who has no specific interest in the outcome. This is done to ensure impartiality.
What are the exceptional circumstances mentioned in regards to identification parades?
Should more than two suspects be put up for identification in a single parade. The parade must consist of twelve or more persons.
Is there allowances for changing clothes and/or appearance of a suspect prior to an identification parade?
No, no there are not.
Are witnesses allowed to see or have the suspect described to them before they are placed among the parade?
No, this is done for the security of the Witness. Police must not give the impression that the suspect is placed in the parade.
What criteria must be satisfied for an admission to be admissible in court?
- That the words used in the admission were intended to be an admission of guilt of the offence charged and did not bear some other innocent meaning. (R v Buckley (2004) 10 VR 215)
- That the accused was not boasting about or exaggerating his or her actions. (R v Mitchell (2006) VSCA 289; R v Kellerman (2000) 2 VR 20)
- That the statement is true in relation to the parts in which the accused implicates himself or herself in the commission of the offence. (R v Burns (1975) VR 241)
What is a quick definition of Handwriting identification?
Handwriting identification or evidence refers to a type of expert evidence in which a sample of a person’s handwriting is compared with the handwriting in a document about which authorship is disputed. Handwriting experts are utilised in this capacity.
What can DNA typing be used for?
- Eliminate a person as the source of biological material.
- Include a person as a possible source of the biological material.
- Compare a sample of biological material found at a scene or from a person to a DNA database.
When fingerprints are a part of the identification evidence in a case, what must be included in the interview with a suspect?
- Evidence to rebut a claim of legitimate access i.e. to property.
- Request fingerprints.
- Ensure a set of fingerprints are obtained (using Livescan).
- Send the arrest set of fingerprints (if not taken via Livescan) to the Fingerprint Branch.
What is Livescan?
It is an electronic device for capturing fingerprints. Once a member is logged on (using their normal password) the suspect’s details are able to be entered into the computer by using their attendance register number. Once capturing the fingerprints is complete the images are transmitted to the NAFIS Database (National Automated Fingerprint Identification System).
What is Picture Identification Evidence (Section 115 Evidence Act 2008)?
It means identification evidence relating to identification made wholly or partly by the person who made the identification examining pictures kept for the sue of police officers i.e. photo board.
When can picture identification evidence be admitted of a suspect in custody for an offence?
If:
- The suspect refused to take part in an Identification Parade.
- The suspect’s appearance has changed significantly between the time of the offence and the time of being in Police Custody.
- It was not reasonable to hold an identification parade.
