Identification Flashcards
Peck has been arrested after a media release. We want to do VIPER. Do we need to show Peck and his solicitor the release?
Yes where practicable
Must police record a first description before every ID procedure?
Yes but not the prior to taking a witness to a place to see whether an ID can be made as this says ‘where it is practicable to do so’ just in case someone quickly points a suspect out.
Must the first description be passed to a suspect/solicitor prior to a procedure?
Only where practicable
Can you direct someone to look at a person?
No - only a group or in a direction
How many photos should be shown?
12 for unknown suspects
8 for known unless there are two suspects then its 12
How many people should be in a video identification?
At least 8
Unless there is more than one suspect then it will be 12
What if a murderer comes over from another country. Can we get his fingerprints?
Yes - inspector can require him to give fingerprints if he is convicted of a qualifying offence abroad
Blood. Intimate or non?
Intimate
Skin impression other than a fingerprint. Intimate or non?
Non
Who authorises search of someone to search someone to identify them?
Inspector orally or in writing
Prior to a witness ID, must the first description be recorded?
Where it is practicable to do so prior to taking a witness to a place to see if they can iD an unknown suspect.
Must be prior to photograph of unknown suspect or known suspect ID procedure.
Should the first description be passed to the suspect or their solicitor prior to a known suspect ID procedure?
Where practicable.
Is the time it takes before a first description recorded ever relevant?
No
There is a group of people on the side of the road and the OIC wants to draw the witness’s attention to them to see if they recognise them. Can he do this?
If it is NECESSARY, a constable will be permitted to ask the witness to look at either a group or in a particular direction.
If someone identifies someone by photograph in an unknown suspect procedure, do they also have to do do a known suspect procedure?
They may potentially be required to engage in a known suspect procedure along with other witnesses.
What must be recorded in the event of a positive ID?
Date
Time
Location the witness previously saw the suspect
Details of the subsequent identification:
- Where it was made
- How it was made
- Quality of the conditions at the time of the ID
- Whether attention was drawn to the suspect and why
- Anything said by witness or suspect in relation to conduct of the procedure
Who conducts an ID procedure?
Sergeant or above is responsible for the showing and directing of photographs.
The actual showing of photographs can be done by another officer or police staff.
I am the supervising officer for an ID procedure. What must i ensure to make sure that the procedure is not compromised?
- First description is recorded before showing of photos - it is the OIC’s responsibility to confirm to me that the description has been recorded.
- That only one witness is shown photos at a time in as much privacy as possible.
- Witnesses are unable to communicate with each other
- No less than 12 photos are displayed at a time - there is no reference to the number of time the images must be shown
- All photos shown as far as possible of a similar type
- The witness must be told the photo of the perpetrator may or may not be present and if they cannot make a positive ID they must say so
- The witness should not make a decision until they have seen at least 12 photos
- The witness must not be prompted
What must the supervising officer do at the end of a procedure?
Inspect the record and sign it.
Under what circumstances will it not be practicable to conduct a known suspect procedure?
- A witness becomes unavailable (eg dies)
- It is not possible to find persons of a comparable likeness to the suspects.
Reasonable steps must be taken. An offer by a solicitor to find volunteers should be accepted as it has been considered reasonable.
Barry is suspected of rape. The victim describes him as having a scar on his penis. Can we examine this in custody?
Yes - inspector or above can authorise it. Reasonable force can be used.
how much experience must a fingerprint expert have?
3 years
Is urine an intimate or non-intimate sample?
Intimate
Is a mouth swab intimate or non-intimate?
Non.
All other orifices are intimate.
A swab of matted pubic hair. Intimate or non?
Intimate even though it is outside of the body.
Can an inspector authorise an intimate sample orally?
Yes but it must be confirmed in writing as soon as possible.
Timmy is 14. Police want to take an intimate sample. Do we need parent or guardian permission too?
Yes
Tommy is 13. He is happy to provide an intimate sample. Their parent or guardian is not. What happens?
It is irrelevant what tommy wants as he is under 14, no consent is required from him. It is only his parent or guardian that can provide consent.
Over 14 is suspect and parent or guardian.
Tommy is 13 and police want to take an intimate sample. Social services are in custody with him acting as AA. Can we get permission from the social worker?
No unless he is under the care of social services.
We must seek parent or guardian permission and this can be over the phone. They must be given the opportunity to speak to the suspect and the AA over the phone if they wish.
Under what circumstances can you take intimate samples away from custody?
- If the suspect has given two or more non-intimate samples but they were shit - inspector authorises - suspect consents in writing
- An intimate sample may be taken from a person not in police detention for elimination purposes if the person consents
- If someone has been convicted outside of the UK for a qualifying offence and 2 or more non-intimate samples have been insufficient - insp authorises as it is necessary to assist in prevention or detection of crime - written consent
Can i require someone to attend to give a sample?
Yes if convicted outside of the uk for a qualifying offence. They can be arrested if they fail to show up.
Must give at least 7 days warning and may direct them to attend at a specified time/date. Must consider whether they are turning up to police station at another time anyway.
Mahmoud has been convicted for a qualifying offence in Pakistan. Inspector Gray has authorised an intimate sample to be taken however wants it to be shorter than 7 days as there is an urgent need. Can this happen?
Yes - if there is an urgent need for the sample for the purposes of investigating an offence. Reasons must be recorded asap.
What 3 things must a suspect be told before providing an intimate sample?
Reason and nature of offence.
That authorisation has been given and provisions.
That it may be subject to a speculative search.
What intimate samples can police take?
Urine only
I need a sample of hair for ID purposes. Who decides where on the body i take this?
DP can choose and the hairs should be plucked individually unless the suspect requests otherwise.
For an inspector to authorise a non intimate sample, what must they believe?
Suspect the person of involvement in a recordable offence and believe that the sample will tend to confirm or disprove their involvement.
Under what circumstances can I obtain a non intimate sample of someone charged?
If a sample wasn’t taken during the investigation or it was shit or destroyed and there is a dispute.
What qualifying offences are there?
Serious indictable crimes
What time limits are imposed to obtain samples out of custody?
6 months if released on bail and informed sample was shit. From date informed.
6 months from day of charge or report if sample not taken before then.
No time limit for qualifying offence power or two years if recordable but non qualifying offence.
Can a sample of a suspect not yet arrested/charged/reported be speculatively searched?
Not unless they have been charged or they consent in writing.
Must a suspect be in police detention to get footwear samples?
Yes - this is the difference between all other samples. No out of custody power.
Sarah reports being raped. A suspect is arrested. Sarah describes the suspect as having a large tattoo on his bum cheek. What now?
Inspector can authorise a search and photo to establish whether they have any marks, features or injuries that would lead them to identify them as a person involved in the commission of an offence.
Reasonable force can be used. And do not have to obtain consent if it is not practicable.
A suspect gives his name as Micky mouse when being booked in. Officers caught sight of a tattoo but the suspect will not allow officers to see it as he does not want to be identified. What now?
Inspector authorises a search if they have RGS that the person is not who they claim to be
Can you search or photo someone attending voluntarily to establish their identity?
Yes but force cant be used and any photos must be destroyed unless they are charged or cautioned or they provide consent.
Can a suspect be convicted on DNA evidence alone?
No - it must be supported by other evidence. Circumstantial evidence is sufficient.
How long does someone need to be an expert in fingerprints?
3 years
If we find out that a sample is insufficient for analysis. How long do we have to take another?
6 months from being told it was insufficient
Can a private security company be an authority for human rights purposes?
Yes
Who applies for a child safety order and to what court?
Local authority to family court
If someone has a live link bail app at a police station, does it give us a power of search?
Yes and power of arrest if they don’t comply
WHITE is 14 years of age and has been arrested on suspicion of raping a girl his own age. The witness has described a distinguishable tattoo that the attacker had on his chest, and WHITE has agreed to have a photograph of a tattoo on his chest taken for identification purposes. WHITE was photographed by a male police officer in the medical room and no other people were present. WHITE was made to remove only his shirt, and the tattoo on his chest was photographed. This was done without the presence of an appropriate adult, as WHITE had signified that he did not want one present.
Did the search and photographing of the tattoo comply with the Codes of Practice, in respect of dealing with juvenile detainees?
Note that this power can be authorised by an inspector where consent is absent, although where consent is given it must be proper consent. For a juvenile aged 14 or over this must be his or her consent, and that of the appropriate adult.
Paragraph 11(c) states that except in cases of urgency, where there is a risk of serious harm to the detainee or others (which is not the case in the scenario), a search of a juvenile may take place in the absence of an appropriate adult only if the juvenile signifies in the presence of the appropriate adult that he or she does not want the adult to be present during the search, and the appropriate adult agrees.
Thus, even though the officer was not photographing intimate parts of the body, because this case involved a juvenile, the consent of both the detainee and the appropriate adult must be obtained.
If an appropriate adult is not present without appropriate consent, there need to be at least two people present during the search only where intimate parts of the body may be exposed;
BREWSTER is a witness to an armed robbery and is being interviewed by a police officer. BREWSTER provides a handwritten note that she wrote down of the description of the suspect she had seen commit the robbery. The writing on the note is very clear and outlines in detail the description of the suspect.
What should happen with the note now?
“A record shall be made of the suspect’s description as first given by a potential witness. This record must: (a) be made and kept in a form which enables details of that description to be accurately produced from it, in a visible and legible form, which can be given to the suspect or the suspect’s solicitor in accordance with this Code . . .” So as it is legible then the handwritten note is the first description of the suspect and should be retained by the officer; there is nothing in the Code that states it needs to be signed and timed.
Although this description may be in the officer’s PNB and the witness’s statement neither of these will be the record of first description;
GRAVES has been arrested and charged with an offence, he appears at court and is found not guilty. When he was in custody his fingerprints were taken and he is wondering now whether these fingerprints will be destroyed.
The Protection of Freedoms Act 2012, which came into force on 31 October 2013, has created a number of situations whereby police are no longer able to retain fingerprints and DNA. Prior to the 2001 Act answer B would have been correct and prior to the 2012 Act answer A would have been correct. However, as the law now stands there are qualifying reasons to retain or destroy fingerprints; answers A and B are therefore incorrect. The retention, where there is a charge but not a conviction, is determined by whether the person was charged with a qualifying offence or a minor offence. • If the individual was charged with a qualifying offence, then the police can retain his data for three years (not five; answer C is therefore incorrect). • If the individual was charged with a minor offence he will have his fingerprints deleted automatically.
Police officers are dealing with a murder enquiry during which there was significant publicity to identify a suspect. The suspect has been identified and an identification procedure is being considered by the police. There are several witnesses available to take part in this procedure.
In relation to the media publicity what should the witnesses be asked?
Whether they had seen the coverage. Nothing further is required to be asked.
If Lucy identified jones voice in a recording is it enough evidence on its own?
The court also recognised that expert evidence showed that lay listeners with considerable familiarity of a voice and listening to a clear recording could still make mistakes. It is therefore suggested other supporting evidence will be needed for a conviction to succeed;
Suspect charged with an offence but found not guilty. Do we retain fingerprints?
The retention, where there is a charge but not a conviction, is determined by whether the person was charged with a qualifying offence or a minor offence. • If the individual was charged with a qualifying offence, then the police can retain his data for three years (not five; answer C is therefore incorrect). • If the individual was charged with a minor offence he will have his fingerprints deleted automatically.
Must we always get inspectors authority if we want to search an individual in custody to identify them (tattoos etc)?
No. Only if the detainee does not consent.
If the detainee refuses to co-operate then the process can be authorised to take place without the detainee’s consent by an officer of at least the rank of inspector
