Identification Code D Flashcards
It is common for a person undertaking an ID procedure to say they can only be “quite certain” that it is the suspect involved. Can a person be convicted on this evidence alone.
No, stated case
What are the two types of the identification procedure?
Where the identity is known - ID parade, Video Parade, Group Identification.
Where the identity is not known - Street ID, Showing of images.
Will a breach of Code D mean that evidence ID evidence is automatically excluded?
No, the judge can direct certain aspect of the evidence.
What is an eyewitness
Someone who has witness the event, or someone who has witnessed the suspect in some aspect / circumstances linked to the event.
What are the two parts to Code D
Part A - Eyewitness evidence.
Part B - Where someone is asked if they know the person - Think showing of images to Police officers.
In the taking of images / examining marks that may identify a person when may it not be practicable to obtain that persons consent.
When the person is drunk or otherwise unfit.
When any attempt to gain their consent may alert them to that fact which may cause the person to take steps to avoid it / cover marks etc.
In the event of a juvenile, where the appropriate adult can not be contacted within a reasonable time.
What is pre-trial support?
A person who is present to assist a vulnerable witness. This can be someone who is not or is not likely to become a witness in proceedings.
What are the stipulations around the first description of a suspect.
A record should be made as soon as practicable and usually before any ID procedure takes place.
A record should also be made and kept and presented to the suspect / solicitor.
When does a suspect become known?
When his identity has been established in some form - including suspect - ie someone was arrested as a result of the description given.
If a person is not known, what are the stipulations around a street ID
Where practicable to do so, a record should be made of the eye-witnesses the first description of the person they saw on the previous occasion.
The officer must take steps not to direct the witness unless it is necessary to make sure the witness does not overlook a possible suspect as they looking the other way.
Where there is more than one witness, they should be kept separate.
When the identification is made, this procedure must stop as the suspect becomes a known suspect.
The officer accompanying the witness should record, any comments made by the witness and the date and time where the witness states they have previously seen the suspect and in what circumstances.
They should also records the conditions where the ID was made and if they made comments to draw the attention of the witness to the suspect.
When may it not be practicable to record the first description?
Witness gives a description, area search conducted with witness, witness ID’s person from the group when sees them. Stated case upheld this was acceptable.
What are the three parts to Code D
Part A = Eyewitness
Part B = Recognition by non eyewitnesses
Part C = Broadcast of images to the public
In relation to records - When must a record of the first description be made:
Prior to showing a witness a photograph of an unknown suspect.
Prior to Witness engaging in a known suspect identification procedure.
When are the rules around supplying a first description to the suspect and solicitor
A copy viable and legible copy shall be where practicable provided to the suspect and their solicitor before engaging in a consensual identification procedure.
When does a suspect become a known suspect?
When there is sufficient information known to the Police to justify the arrest of a particular person suspected.
What procedures can occur for an unknown suspect?
The witness can be shown images, the witness can be taken to a particular place.
What steps must be taken in an unknown suspect ID procedure
Where practicable a description should be taken.
Where more than one witness, the first description should be taken separately and independent of each other.
Can an officer draw a witnesses attention?
Care must be taken to not draw a witnesses attention to any person unless this cannot be avoided if necessary the officer can ask the witness to look at a group or in a particular direction.
What action should be made when a witness makes a positive identification
There is now sufficient information to justify the arrest of the suspect - who at this point becomes known
The identification rules for known suspects must be followed for any other witnesses
It is not necessary for the witness who made the positive identification of the suspect whilst they were unknown to also engage in any subsequent known suspect identification procedure.
What is the exam trip up in relation to witnesses who have made a positive identification from being shown photographs?
They potentially may be required to engage in further identification procedures of the suspect.
What are the post-identification recording obligations
The time date and location the witness previously saw the suspect.
Then where the ID was made, How it was made, the conditions the ID was made in, Wheather the witness’s attention was drawn to the suspect and why
Anything said by the witness or suspect in relation to the conduct of the procedure.
Who will conduct the Identification procedure for the showing of photographs of unknown suspects
An officer of the rank of Sergeant or above must be responsible for the showing and directing of photographs - Supervising it.
The actual showing of photographs can be done by another officer or police staff.
What must the supervising officer ensure before showing photographs?
The first description has been recorded before the showing of photographs. (it is the oIC to confirm to the supervising officer that this has been done)
That only one witness is shown the images at a time
That witnesses are unable to communicate with each other
That no less than 12 photographs are shown at a time. (can show as many times as like)
That all photographs are of a similar type
The witness is told the suspect may or may not be present
That if the witness can not make a positive ID they must say so.
The witness should not make their decision until they have seen at least 12 images.
The witness must not be prompted.
What is a risk of failing to adhere to the protocol
It has previously resulted in the exclusion of positive identification evidence.
What happens when a witness makes a positive identification from an image of an unknown suspect
There is now sufficient information for the suspect to be arrested
The identification rules for known suspects must be followed for all witnesses - including this one.
What should happen following the showing of images?
The photographs shall be numbered and not destroyed
A separate photograph shall be made of any frame or part of the album from which a positive identification has been made.
What records must the supervisor keep for the showing of images of an unknown suspect?
The name and rank of the supervisor
Anything said by the witness in relation to the identification of the procedure.
Any reasons why it was not possible to follow the procedure
The supervisor must then inspect and sign the record.
What must happen when a witness attends a known person ID procedure after that witness had ID’d them from images in an unknown procedure
The identification officer must be made aware they have seen images.
The suspect and solicitor must be made aware that they have seen images.
Should a jury be made aware that the showing of images in an unknown procedure was possible because the Police already held an image?
No, it has implications on the fairness of trial alerting the jury to the fact the suspect has previous been in trouble with the Police.
When must an identification procedure for a known suspect take place?
When a witness has already identified a suspect during a identification procedure for unknown suspects or
Where a witness is available who has expressed an ability to identify a suspect or
Who has a reasonable chance of identifying a suspect and they have not as of yet had the opportunity to carry out an identification procedure for a known suspect.
or
The suspect disputes being the person the witness claims to have seen.
Would there still be a requirement to conduct a known suspect identification procedure with a witness, if there was good quality CCTV evidence and forensic evidence
Yes, if the suspect dispputes the eyewitnesses identification than there is an obligation to conduct the procedure.
In cases where there is CCTV evidence and forensic evidence is it up to the suspect to request the ID procedure?
No, it is an obligation if the suspect disputes the eyewitnesses identification or it can be reasonably anticipated he is likley to dispute the identification
What circumstances would it not be practicable to hold and ID procedure
It is not possible to find persons of comparable likeness to the suspect.
The witness becomes unavailable - Example dies.
An offer by a Solicitor to find a comparable likeness should be accepted.
What are the circumstances which would serve no purpose in completing an ID parade.
The suspect admits his presence at the scene, in line with the account given by the eyewitness.
The suspect is already known personally to the witness. This includes if the witness only knows there face and does not know there name - And is later told by someone.
If the witness can only describe clothing.
What if the person claims to know the persons as they went to school together however they have not seen each other for many years and the person’s appearance will have changed.
Yes and Id procedure is necessary. This will be a known person ID
When may an ID procedure take place.
An ID procedure may take place when the officer in charge of the investigation considers it to be useful.
Note the officer in charge of the investigation.
When should the ID procedure take place.
As soon as practicable
