Exclude Visual Identification evidence where improperly obtained

Question 1

Which 2 provisions of PACE would you rely on to exclude improperly obtained identification evidence?

Answer 1

1. s78 power for court to exclude evidence, “including the circumstances in which it was obtained”
2. Code D of PACE

Question 2

What are 3 areas where successful challenges may be made on improperly/unfairly obtained evidence?

Answer 2

1. Breach of ECHR
2. Breach of Code D PACE
3. Bad faith on part of the police

Question 3

Usually, the court will only exercise this discretion if there have been _______ and _____________ breaches of PACE which renders the evidence _________.

Answer 3

serious, substantial, unreliable

Question 4

Give some examples of breaches of identification procedure under Code D of PACE

Answer 4

Failure to:
* keep W away from S before/after procedure
* Keep Ws apart
* Warn W that S may not be shown
* Make concealments
* Account reasonable objections to appearance of others (e.g. if they do not look like S)