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Identification procedures, :red_cross:, :check: - Coggle Diagram
Identification procedures
when must an identification procedure be held?
when
witness purports to have/identified
suspect
purported= when witness purports to identify suspect in the street some time after offence- t
est reliability of eyewitness identificaton
when
witness thinks they can identify suspect/ reasonable chance
they can identify
AND
suspect disputes this
SHALL
be held
unless not practicable or not serve a useful purpose
e.g. witness doesnt know identity of suspect, but thinks if they saw them again, would recognise. recognises suspect in street identification
identification procedure should be held to
test reliability of witness's street identification
suspect disputes identification on ground
they vaguely remember the witness or not in same class etc/ several years since saw witness
when
not necessary
to hold identification procedure
suspect admits to being at crime scene
and
gives account that doesnt contradict
witnesses
not disputed
that suspect is already known to witness
serve no purpose as witness would just pick suspect out
e.g. suspect and witness known each other for several years, see each other in a specific place/ offence lasted for some time
different types of identification procedures
- Code D PACE 1984
video identification
suspect should be initially offered video identification
unless
:
(a) video identification not practicable
(b) identification parade is practicable AND more suitable than video identification
(c) officer in charge of investigate consider group identification is more suitable than video identification or identification parade AND considers it practicable to arrange group identification
most common
procedure
images must include
suspect AND at least 8 other people
who resemble suspect in age, general appearance and positon in life
where
2 suspects of roughly similar appearance
are shown in same images, they must be s
hown together with at least 12 other people
if suspect has unusual feature, police may
conceal or replicate this feature eletronically
only 1 witness can see video at a time
. playback of video can be frozen and no limit on times suspect may see the video
if suspect refuses to consent to take part, alt procedures may be followed e.g. covert video identification
when the witness is shown moving images of know suspect together with similar images of others who resemble the suspect
cannot comepl suspect to take part, but evidential and practical implactions of this
witnesses not able to:
communicate with each other, see video images, see photos or description of suspect, overhear witness who has already seen material
identification parade
may not be suitable for witnesses due to number, state of health, availability and travelling requirements
procedure
if suspect has unusual feature, police may
conceal or replicate this feature with a plaster or hat
parade must include
suspect AND at least 8 other people
who resemble suspect in age, general appearance and positon in life
suspect allowed to choose their position in line and change positions,
but cannot alter the order of people forming the line
witness
should look twice at each member
before positive identification
if witness asks for parade member to speak, move or adopt certain posture,
first should be asked by police officer if theycan identify person on appearance only
if suspect picked out after these changes, evidence still admissible at trial but judge gives storng warning to jury to treat evidence with utmost caution
colour photo or video of parade must be taken in case of dispute
witnesses not able to:
communicate with each other, see any member of parade, see photo or description of suspect, see suspect before/after parade
when a witness sees the suspect in a line of other people who resemble the suspect
group identification
when witness sees suspect in informal group of people
. take place with consent of suspect OR covertly without consent
when selecting the location, police should reasonably
expect witness to see some people with broadly similar appearance
, but doesn't need to have any particular likeness to suspect
held covertly= take witness to place where suspect
likely to be at given time
e.g. work
confrontation by witness
last resort
witness face-to-face with suspect
decision of which procedure is made by
investigating officer with the identification officer
procedures responsibility of officer
inspector
or above who is not involved in the investigation- 'identification officer'
if procedure decided,
suspect normally released on bail
whatever form used, solicitor needs to keep detailed record of what happens
- ensures identification officer complies with procedural requirements, any objections recorded by officer, comments made by anyone recorded
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