Code D Procedure

Question 1

what should the police do before the IP?

Answer 1

take a description from W of S before the IP

Question 2

which officers are involved in the IP and how?

Answer 2

IP chosen by investigating and identification officers, but conducted by inspector not involved in the investigation

Question 3

when must an IP be held?

Answer 3

IP must be held as soon as practicable.

Question 4

what must the police explain to S before the IP?

Answer 4

o Purpose of the IP;
o S’s entitlement to free legal advice;
o If S refuses this can be used as evidence at trial/IP can be done covertly;
o If S alters their appearance after learning of the IP this can be evidence

Question 5

what happens if S refuses to partake in the IP?

Answer 5

if S refuses, officer will consider any representations for different IP and arrange if appropriate

they may undertake the IP covertly if necessary

Question 6

what actions should the police take in relation to the Ws?

Answer 6

The police must make sure Ws cannot:
o Communicate before or after
o Overhear one another
o See any images/parade members before or after

The police must not:
o Inadvertently direct W to S
o Remind W of any description of S

Question 7

explant consent and vulnerable suspects

Answer 7

o S under 14 = consent required from J’s parents/guardian only
o S over 14 = consent required from J + parent/guardian
o Vulnerable = consent must be given in front of AA

Question 8

what does Code D say regarding IP selection?

Answer 8

Video identification will take place unless:
o Video is not practicable;
o A identification parade would be better; or
o Group identification would be better than video and parade