PACE - Identification (Code D)

Question 1

Can an officer choose between a video identification or identification parade of a suspect?

Answer 1

No - initially, the suspect should be invited to take part in a video identification

Question 2

Can someone give their finger prints after caution?

Answer 2

If cautioned an inspector may authorise the finger prints whereby it is necessary to assist in the prevention or detention of crime

Question 3

What does the phrase ‘known’ mean in identification?

Answer 3

That there are RGS a particular person is involved with the offence and sufficient information to arrest

Question 4

What does Code G deal with?

Answer 4

Visual identification
Aural identification (Sound)
Identification by Footwear Impressions/ Fingerprints
Identification by Body Samples/ Impressions

Question 5

If a non-intimate sample was insufficient, can the police gain a new one?

Answer 5

Yes but it cannot be requested more than 6 months from being told it was unsuitable

Question 6

If a witness of a suspect that was unknown to them finds their Facebook, can an identification procedure be considered?

Answer 6

It does not automatically mean they cannot conduct a formal identification procedure - the police should obtained as much evidence as possible to establish how the identification was made

Social media identification is admissible evidence, however, formal identification should still be considered

Question 7

Can you take footwear impressions without consent?

Answer 7

Yes if they are over 10, arrested for a recordable offence, charged with/ reported for a recordable offence and the detainee has not had an impression taken in the course of the investigation (unless the one taken was unsatisfactory)

Question 8

How many sets of images should be in a video identification parade?

Answer 8

The suspect and Atleast eight other people who resemble the suspect in age and general appearance.

Only one suspect should appear per set, however, if two suspects with roughly similar appearances, they can be shown together with Atleast 12 other people

Question 9

Can a search be carried out on someone without their consent to establish identity?

Answer 9

• detainee at police station can be searched/ examined for marks, features, injuries and photograph these to help prove identity
• this may be carried out without the detainees consent if authorised by an inspector - only if refused to identify themselves/ RGS person is not who they claim to be
• authority can be given orally / in writing provided it is confirmed in writing as soon as practicable

Question 10

Identification Officer

Answer 10

• cannot be anyone involved in the investigation

Question 11

Would an identification procedure be useful for someone that has identified a suspects clothing?

Answer 11

No

Question 12

First description of a suspect

Answer 12

• copy of the record should be, where practicable, be given to the defence before identification procedures are carried out
• must be legible and visible to allow details of the description to be accurately produced from it

Question 13

Intimate samples

Answer 13

• police officers can take urine samples
• can be taken from a person not in police detention
• if under 14, need consent from parents
• need consent in writing to obtain an intimate sample
• need to be authorised by an inspector or above (irrespective of whether in detention or not)

Question 14

Non-Intimate Sample

Answer 14

• e.g. nail scraping
• requires written consent from detainee
• but can be taken without consent if they are in police detention having been arrested for a recordable offence and have not had a non-intimate sample of the same type and from the same body part taken in the course of the investigation or here they have had such a sample taken and it was insufficient
• does not require authorisation from an inspector/ custody officer

Question 15

How long can footwear impressions be retained?

Answer 15

• footwear impressions taken in accordance with s.61A of PACE may be retained for as long as is necessary to detect crime or to conduct a prosecution

Question 16

Elimination Finger Prints

Answer 16

• fingerprints obtained in mass screening exercises do not always have to be destroyed if they were taken for the purposes of an investigation for which a person has been convicted and fingerprints were also taken from the convicted person for the purpose of the investigation
• the person from whom the prints were obtained may sign a form allowing for the prints to be used in the prevention or detection of crime
• fingerprints may not be used in the investigation of any offence or in evidence against a person who is, or would be, entitled to its destruction
• consent for the fingerprints to be used may be withdrawn at any time