Identification (PACE) Flashcards
Known vs unknown suspects
Known suspect: there is sufficient information known to the police to justify their arrest for the suspected involvement in an offence
Unknown: suspect cannot be readily identified (although there may be a clear first description)
Known suspect ID procedures
Which are there?
When must you do them?
Who’s in charge?
Who decides the method?
Known suspect ID procedures:
Video identification
Identification parade
Group identification
You must do a known suspect procedure when:
· Eye-witness believes they can ID suspect
· Suspect disputes their presence at the scene OR a dispute is expected
Unless (exception):
1. Not practicable
a. Witness becomes unavailable
b. Cannot find persons of comparable likeness – though reasonable steps must be taken to find them
2. No purpose in proving the suspect committed the offence
a. Suspect and witness know each other personally
b. Witness cannot describe suspect
c. Witness indicates no reasonable possibility of IDing suspect
Who is in charge? - the ‘identification officer’ Inspector unconnected with the case. Exception: Custody officer can perform the role if Inspector not available before suspect is released OR suspect remain in custody and waiting for Inspector would unreasonably delay.
Who decides the method? - Identification Officer and OIC
Video identification
Know/unknown?
How many images?
Who can vet the images?
Who can be present?
Known suspect
1 suspect – 9 images min
2 suspects – 14 images min
Images can be vetted by - Suspect, AA, Friend, Solicitor
Distinguishing feature? - ID officer may conceal or replicate
Suspect and others - as far as possible same position/activity unless ID officer believes
- not possible due to suspect not cooperating; and
- difference would not bias
Don’t remind witness of any description of photo of suspect
Can suspect solicitor be present? - if ID officer agrees – must not deter/distract witness
Nobody involved in investigation may view tape before the witness
Film destroyed – if no further action
Group identification
Known/unknown?
Location?
Known suspect
Location - ID officer decides – consider opinion of suspect, AA, Solicitor or Friend. Can be police station
Location - ppl passing/waiting informally – suspect can join or be seen in group
General appearance of ppl presence (should be broadly similar)
Suspect has unusual appearance? - ID officer can decide not to use group ID – not practicable
Identification parade
How many people in the parade?
How must they resemble each other?
When must the parade be recorded?
What are the recording obligations post-parade?
One suspect - 9 people (inc. suspect)
Two suspects – 14 people (suspects must be roughly similar)
Must resemble:
- Age
- Height
- General appearance
- Position in life
Distinguishing features? - ID officer may replicate or conceal - If the witness requests removal they may (discretion) be allowed
Speech movement - permissible at request of witness 3 steps should be followed.
-Witness should be asked if they can identify the suspect by appearance only
-Remind witness that members of the parade were selected on the basis of their physical appearance only
-After these two steps, members of the parade can be asked to comply with the request
Broad cast of media images?
· Suspect/solicitor allowed to view before procedure
o Unless impracticable or unreasonable delay
· Witness shall be asked if seen any image/description published
Prior to the parade - suspect must be cautioned
Once the parade has been formed, everything must be conducted in the sight and hearing of the suspect (unless there’s a screen), solicitor, friend, AA and interpreter.
If none of these are present (except for the suspect) then the parade must be recorded.
Recording obligations post-parade
- Record of those present
- Whether prison inmates were used
- Record of the conduct of the parade, comments by witness or suspect, reasons why it was not practicable to comply with the code
Unknown suspect ID procedures
Which ID procedures are there?
Who’s in charge?
Recording obligations?
Take witness around the locality
Show visual images
1.Take witness around the locality
- Take first description first if practicable
- Show visual images
o Sergeant in charge as ‘supervising officer’
o Take first description first
o 12 images minimum
o Recording obligation
- Name/rank of Supervising Officer
- Anything said by the witness?
- reasons not practicable to comply with procedure?
Supervising Officer checks and signs
Intimate samples
Who can take these samples?
Who authorises and why?
Can force be used?
Intimate samples (BUD STOP)
B – blood
U – urine
D – dental impression
S – semen
T – tissue fluid
O – swaps from orifice other than mouth (and external genital swabs)
P – pubic hair
Sample taken by a Health care professional.
Exception: urine – can be taken by a police officer
An Inspector believes that the intimate sample will to confirm or disprove the suspect’s involvement in an offence; and
The suspect gives their consent in writing (no force can be used, only adverse inferences).
Terrorism suspects - Superintendent authority
Non intimate samples
Who can take these samples?
Can force be used?
Non-intimate samples (HMS BIN)
H – hair (non-pubic)
M – mouth swab
S – saliva
B – body swabs
I – impressions from the body
N – nails (+ scrapings)
Can all be obtained by a constable
Involvement in legal process - no consent from suspect required - reasonable force
When is an Inspector’s authority required to obtain non-intimate samples by force and when is it not required?
No inspector authority when:
1. A person is in detention because arrested for a recordable offence and
a. Has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation; or
b. Has provided such a non-intimate sample but this proved insufficient
- A person was arrested for a recordable offence and released and
a. Is on bail and has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation; or
b. Had such a non-intimate sample taken but it proved unsuitable/insufficient; or
c. the investigation was discontinued but subsequently resumed and the DNA sample and profile was destroyed - Persons charged or reported (whether or not in police detention) and
a. The person has not had a non-intimate sample taken in the investigation; or
b. Has had a non-intimate sample taken but it proved unsuitable/insufficient
c. Has had a non-intimate sample taken in the investigation and the sample was destroyed and in proceedings relating to that offence there is a dispute as to whether a DNA profile relevant to the proceedings was derived from the destroyed sample. - Persons detained following their acquittal on the grounds of insanity or unfitness to plead
Inspector’s authority is required when:
1. Persons held in custody under authority of a court
a. The inspector must have reasonable grounds to suspect the person’s involvement in a recordable offence and believe that the sample will confirm/disprove their involvement.
2. Persons convicted or cautioned domestically
a. Since the offence a non-intimate sample has not been taken; or
b. A non-intimate sample taken at the time proved unsuitable/insufficient; and
c. Inspector must be satisfied that the taking of the sample is necessary to assist in the prevention/detection of crime
3. Persons convicted outside England & Wales for a qualifying offence
a. Non-intimate sample has not been taken previously or was taken but was unsuitable/insufficient; and
b. Inspector must be satisfied that the taking of the sample is necessary to assist in the prevention/detection of crime
Requirement to attend a station to provide non-intimate samples
The police can require a person to attend the station to have a non-intimate sample taken, if a trigger applies and can arrest a person who fails to attend.
Triggers (pre-conviction)
These have a 6 month window of opportunity for the requirement
- Persons arrested for a recordable offence and released on bail
- Persons charged or reported for a recordable offence
Triggers (post-conviction)
2 year window of opportunity for the requirement – however, qualifying offences have an infinite period of time for the requirement
- Person convicted or cautioned for recordable offences in England and Wales
- Persons convicted or cautioned for a qualifying offence outside England and Wales
The requirement (when posted) must give the person at least 7 days notice to attend (an Inspector or above may shorten this period if there’s an urgency linked with the investigation)
Authority to obtain fingerprints
In which situations can you take fingerprints?
Whose authority is needed?
- Pre-arrest – away from a police station
a. constable suspects person is committing, attempting to commit or has committed an offence; and
b. Name unknown, cannot be readily ascertain, or doubts about veracity - Bail back situations (the imposter rule)
a. Believe this is not the same person answering bail; or
b. they claim to be a different person from the person whose fingerprints were previously taken
Authorisation - if bail back to police station – Inspector - if bail back to court, the Court bench - Post arrest (no authorisation required)
a. Person arrested and in police detention
b. Person arrested and released on bail
c. Persons charged or reported (whether or not in police detention) - Post arrest (authorisation required)
a. Persons convicted or cautioned domestically; or
b. Persons convicted outside England and Wales for a qualifying offence
c. Inspector satisfied - necessary to prevent/detection of crime
You can only take fingerprints once during the course of the investigation !
Exceptions:
- Fingerprints previously taken were of insufficient quality
- If investigation discontinued and resumed again fingerprints can be retaken if destroyed (when a person is charged/reported)
When can you obtain footwear impressions?
Is consent needed?
No consent required from a person arrested, charged or reported who is in police detention for a recordable offence, if either:
· They have not previously provided a footwear impression during the investigation; or
· Have previously given a footwear impression but it was incomplete or insufficient for analysis
The person must be notified of the reason for taking the impression as well as the fact the impression may be retained and subjected to a speculative search. A record should be made stating this information was given to the suspect.
When can you search/examine a person for identifying features?
Can force be used?
Detainees only or also volunteers?
Whose authority?
Where does the examination need to take place?
You can search/examine someone for marks, features, injuries that
1. Would tend to identify them as a person involved in an offence and photograph the marks
2. Establish their identity
Detainees and volunteers - but search/examination can only take place at a police station
Force can be used but only with authorisation from Inspector. Force cannot be used for volunteers!
Separate authority is required for examing to establish identity or to establish involvement in an offence.
Photographs taken - can be for investigation or to prevent/detect crime
Same sex officer examines
Genital can be exposed with all procedures of strip search followed.
Regarding volunteers - photos must be destroyed unless volunteer is charged, reported cautioned or reprimanded (or if volunteers consents to retention of pictures).
What are the consent provisions for ID procedures for adults and juveniles?
Adults aged 18 or over: the suspect consent
14-17 years old: the suspect’s and guardian’s consent
Under 14: the parent or guardian’s consent only
Showing film, photos or images to a non-eye witness
You can show images to people purely for the recognition purposes (not to place them at the scene of the crime). There is no requirement to hold a known suspect ID procedure.
When for the purposes of obtaining evidence of recognition, arrangements are made for any person (inc. police officer) who is not an eye witness, to either:
- View an image of an individual (film, photo, other visual medium)
- Be asked whether they recognise that individual as someone who is known to them
Images must be shown on an individual basis. The showing shall as far as possible follow the principles of a video ID (known suspect) or photo ID (unknown suspect). A record must be made.
