Identification Flashcards

Question

Consequences Of A Witness Making A Positive Identification? Paragraph 6

Answer 1

Once an eye-witness makes a positive identification from photographs -the suspect becomes a known suspect at this point. and unless the person identified is either: * Otherwise eliminated from enquiries; or * Unavailable ...then any other eye-witness shall not be shown the photographs... and both. * The eye-witness who positively identified the suspect from the photographs; and * The other eye-witnesses - who were prevented from being shown the photographs (after the positive identification was made) shall be asked to attend a known suspect identification procedure... ...in the form of either: *A video identification; *An identification parade; or *A group identification unless there is no dispute about the suspect's identification.

Answer 2

If an eye-witness makes a selection.. -but is unable to confirm the identification.. ..the person showing the photographs shall ask how sure they are that the photograph selected was of the person they saw previously.

Answer 3

Irrespective of whether a positive identification is made - the photographs used *Shall be numbered; and * Shall not be destroyed and a separate photograph shall be made of the frame or part of the album from which a positive identification was made.

Answer 4

When the use of a: * Computerised composite; * Artist's composite; or * Similar likeness has led to there being a known suspect, who can be asked to participate in a known suspect procedure. ...in the form of either: *A video identification; *An identification parade; or *A group identification .that likeness shall not be shown to other eye- witnesses. If an eye-witness, attending a known suspect identification procedure in the form of either: *A video identification, *An identification parade; or *A group identification... has previously been shown either: * Photographs; * Computerised composite; * Artist's composite; or * Similar likeness... ...then both: *The suspect; and *Their solicitor must be informed of this fact before the known suspect identification pFöG@Cure takes place.

Answer 5

The officer in charge of the investigation.

Answer 6

Irrespective of whether or not there is a positive identification -a record shall be kept of the showing of photographs on forms provided.

Answer 7

Fact 1 The name and rank of the Supervising Officer. Fact 2 Anything said by the eyewitness about: *The identification; or *The conduct of the procedure. Fact 3 Any reasons why it was not practicable to comply with the procedures.

Answer 8

The Supervising Officer must, as soon as practicable - both: *Inspect the record; and *Sign the record.

Answer 9

A jury should not have brought to their attention the fact that the image of the suspect used in the procedure was already held by the police — unless the jury are already aware that the suspect had previous convictions. R v Lamb [1980] 71 Cr App R 198

Answer 10

The Identification Officer shall be responsible for all of the: * Arrangements for; * Conduct of; and * Circumstances of known suspect identification procedures.

Answer 11

An Inspector or above not involved in the investigation.

Answer 12

The Identification Officer may allow: * Another officer; or * Police staff unconnected to the investigation — to: * Make arrangements for; and * Conduct ..known suspect identification procedures. .. provided the Identification Officer is still able to: * Supervise effectively; * Effectively intervene; and * Be contacted for advice... .and in the event of delegation of functions: * The outcome shall be reported ASAP to the Identification Officer; * The Identification Officer retains overall responsibility for ensuring that the known suspect identification procedure complies with Code D; and * The Identification Officer retains overall responsibility for the detainee's care and treatment - until they are returned to the Custody Officer.

Answer 13

If both: *The identity of the suspect is known - (i.e. they are a known suspect); and *The suspect is available .then either of 3 known suspect identification procedures may be used. Option 1 — Code D Annex A Video identification. Option 2 — Code D Annex B Identification parade. Option 3 — Code D Annex C Group Identification.

Answer 14

Step 1 A suspect will be available - if they are either: * Immediately available; or *Will be available within a reasonably short period of time.. Step 2 .in order that they can be invited to take part in at least one of the known suspect eye-witness identification procedures — in the form of either a: * Video identification; * Identification parade; or * Group identification.. Step 3 and it is practicable to arrange an effective known suspect eyewitness identification procedure — in the form of either a: * Video identification; * Identification parade; or * Group identification.

Answer 15

Confrontation may only be utilised as a known suspect eye-witness identification procedure as a last resort when the suspect has become unavailable — (i.e. is refusing to co-operate)

Answer 16

If before any of the following known suspect identification procedures ave been held * Video identification; * Identification parade; or * Group identification .there is an eye-witness that falls into any of the 3 following categories. Eye-witness Category 1 An eye-witness has either: *Identified a suspect; or *Purported to have identified a suspect Eye-witness Category 2 There is an eye-witness available who expresses an ability to identify the suspect Eye-witness Category 3 There is a reasonable chance of an eye-witness being able to identify a suspect ..and the eye-witness has not yet been given the opportunity to identify the suspect in any of the following known suspect identification procedures: *Video identification; * Identification parade; or *Group identification... .then a known suspect identification procedure shall be held — if the suspect disputes being the person the eye-witness claims to have seen on a previous occasion... . unless either of 2 exceptions apply. Exception 1 It is not practicable to hold a known suspect identification procedure. Exception 2 Conducting a known suspect identification procedure would serve no useful purpose in proving or disproving whether the suspect was involved in committing the offence.

Answer 17

General Rule A known suspect identification procedure must take place where both. * There is an eye-witness available who falls into any of the 3 categories; and * The suspect disputes being the person that the eye- witness claims to have seen on the previous occasion. Exceptions unless a known suspect identification procedure would either: * Not be practicable; or * Serve no useful purpose in proving the suspect committed the offence. Key To The Operation Of The Exceptions Ask yourself — would a failure to hold a known suspect identification procedure pose a genuine risk of prejudice to the suspect? If the answer is yes - you should go ahead!

Answer 18

The reason for any decision not to proceed with a known suspect identification procedure must be recorded... as if a legitimate exception does not apply - the case may be lost at trial.

Answer 19

The mandatory obligation to hold an identification procedure for known suspects Will apply whenever: * There is sufficient evidence to justify an arrest — i.e. the suspect is known; * The eye-witnesses identification is disputed by the suspect; and * Neither of the exceptions apply.

Answer 20

Yes In the event of the suspect disputing - the mandatory obligation to proceed applies - even where there has already been a: * Fully satisfactory; * Actual and complete; or * Unequivocal .identification of the suspect.

Answer 21

2 Circumstances A dispute by the suspect has already arisen. A dispute by the suspect might reasonably be anticipated.

Answer 22

Situation 1 Situations where it is not possible to find persons of a comparable likeness to the suspect. To What Extent Should Steps Be Taken To Find Persons Of A Comparable Likeness? Reasonable steps must be taken to find persons of a comparable likeness before deciding whether to proceed with an alternative form of known suspect procedure or to dispense with a known suspect procedure entirely. An offer by a solicitor to find volunteers of a comparable likeness should be accepted - as it is a reasonable step R v Britton & Richards [1989] Crim LR 144 Situation 2 A witness becomes unavailable. e.g. the sole witness dies.

Answer 23

Situation 1 The suspect: *Admits being at the scene of the crime; and *Gives an account of what took place which does not contradict the eye-witness' account. If, however, the suspect: * Acknowledges their presence at the scene; * But denies being the person the eye-witness observed participating in the crime .then a known suspect identification procedures will serve a useful purpose and should go ahead - as a contradiction will have arisen. R v Chen [20011 EWCA Crim 885 Situation 2 The suspect is already known personally to the eye-witness — i.e. it is a recognition case.

Answer 24

It is a question of fact to determine whether personal knowledge will render the known suspect identification procedure useless. R v Ridley [1999] The Times, 13th October The better the eye-witness personally knows the suspect, the more likely that conducting the known suspect identification procedure will serve no useful purpose H v DPP [20031 24th January 2003 & R v Conway [19901 91 Cr App R 143

Answer 25

A witness claimed to recognise the suspect based upon the fact that they went to school together many years ago. Due to the change in appearance over time, it will still be necessary to engage in a known suspect identification procedure. R v Harris (2002) EWCACrim 174

Answer 26

Yes If an eye-witness onlv knows the suspect by face and does not personally know their name at the time of the offence — it will still constitute recognition case if they are later informed of the suspect's name by friends. R v C; R v B [2003] EWCACrim 718

Answer 27

If the suspect disputes being known personally by the eye-witness — then a known suspect procedure should still go ahead. R v Harris [2003] EWCA Crim 174

Answer 28

The eye-witness merely identifies clothing or approximate ages as opposed to the suspect's physical characteristics. D v DPP (1998) The Times 7th August & R v Haynes [2004] The Times, 27th February

Answer 29

A known suspect eye-witness identification procedure may also be held (discretionary power) -if the Officer In Charge Of The Investigation, after consultation with the Identification Officer, considers it would be useful.

Answer 30

The identification procedure must be conducted as soon as is practicable.

Answer 31

Option 1 — Code D Annex A Video identification. Option 2 — Code D Annex B Identification parade. Option 3 — Code D Annex C Group Identification.

Answer 32

The following persons must consult to determine which procedure is to be offered: *Identification Officer; and *Officer In Charge Of The Investigation.

Answer 33

There is a presumption that a known suspect who is available -shall initially be invited to participate a video identification... .unless either.. Exception 1 video identification is not practicable. Exception 2 An identification parade is both: *Practicable; and *More suitable than a video identification. A video identification will be more suitable if it can be arranged and completed sooner than an identification parade. Exception 3 Both: * The Officer In Charge Of The Investiaation considers a group identification to be more suitable than either: * Video identification; or * An identification parade; and * The Identification Officer considers it practicable to arrange.

Answer 34

Before the option selected is offered to the suspect... .they must be reminded of their entitlement to free legal advice.

Answer 35

If the Identification Officer considers a video identification or an identification parade to be impractical - their reasons shall be both: *Recorded on the custody record; and *Explained to the suspect.

Answer 36

Prior to the known suspect eye-witness identification procedure taking place -the following shall be explained orally to the suspect. Fact 1 The purpose of the procedure. Fact 2 Their entitlement to free legal advice. Fact 3 The procedures for holding it. Fact 4 The right to have a solicitor or friend present (subject to the exception in Annex A Paragraph 9) Fact 5 That they do not have to consent to or co-operate with any known suspect procedure - but if they refuse: * Their refusal may be given in evidence at trial; * The police may proceed covertly without their consent; * Other forms of eye-witness identification may be chosen. Fact 6 If a video identification is adopted* *Whether pre-emptive covert images of them have already been obtained; and * If so — that they may co-operate in providing further suitable images instead. Fact 7 If appropriate - the special arrangements (i.e. appropriate adults) for: *Juveniles; or * Mentally disordered or mentally vulnerable persons. Fact 8 If they have significantly altered their appearance since being offered the procedure: *This fact may be given in evidence at trial; and *The investigating officer may consider an alternative procedure. Fact 9 Moving pictures or photographs may be taken during any known suspect identification procedure. Fact 10 Whether before the suspect became known, the witness was shown photographs, a computerised or artist's composite likeness or similar likeness or image by the police. If so, the officer in charge of the investigation must make the Identification Officer aware that this has happened. Note 3B Fact 11 That if they change their appearance prior to an identification parade, it may not be practicable to arrange the parade on that day or subsequently and the Identification Officer may consider an alternative method of eye-witness identification. Fact 12 That they or their solicitor will be provided with details of the description of the suspect as first given by any witnesses who are to take part in the known suspect identification procedure.

Answer 37

Step 1 The information must also be recorded in a written notice. step 2 The written notice must be handed to the suspect. Step 3 The suspect must have a reasonable opportunity to read the written notice. Step 4 The suspect should be asked to sign a copy of the notice to confirm whether they consent to the procedure. Step 4 The suspect should be asked to sign a copy of the notice to confirm whether they consent to the procedure.

Answer 38

If either of 2 circumstances apply - the. * Oral notice; and * Written notice procedures for a detained suspect. may be performed by either: *The Custody Officer; or * Either: * Another officer; or * Police staff .not involved in the investigation directed by the Custody Officer... Circumstance 1 It is proposed to release the suspect in order that an identification procedure can be arranged and carried out... and an Inspector is not available to act as the Identification Officer before the suspect leaves the police station Circumstance 2 It is proposed to keep the suspect in police detention whilst the procedure is arranged and carried out... and waiting for an Inspector to act would cause an unreasonable delay to the investigation.

Answer 39

The officer who performs the delegated function - shall both * Inform the Identification Officer of the action taken; and * Give the Identification Officer the signed copy of the notice.

Answer 40

If both. *The Identification Officer; and *The Officer In Charge of the Investigation ..have reasonable grounds to suspect - that if the suspect is provided with the notification, they will take steps to avoid being seen by a witness in any identification procedure... .the Identification Officer may arrange for images of the suspect suitable for use in a video identification (still or moving) to be obtained prior to issuing the notice.

Answer 41

Either moving or still images may be obtained covertly, if necessary. e.g. images from custody, from CCTV systems, or from visually recorded interview records.

Answer 42

The suspect may (after been issued with the notice) co-operate in providing new images, which if suitable, would be used for a video identification instead.

Answer 43

The suspect may obtain advice before exercising their decision from any: *Legal representative present; or *Appropriate adult present.

Answer 44

In the event of a suspect refusing an identification procedure initially offered — 3 steps shall be followed... Step 1 They shall be asked for their reasons for refusing — and they may get advice from: *Their solicitor; and / or * Their appropriate adult (if present). Step 2 Representations can be made as to why an alternative should be used by: *The suspect; *Their solicitor; and / or *Their appropriate adult (if present). Step 3 A record will be made of: *Any reasons for refusal; and *Any representations made about why an alternative procedure should be used.

Answer 45

After considering any: *Reasons given; and *Representations made the Identification Officer shall - if appropriate — exercise either of 2 options.. Option 1 Offer An Alternative Method Offer the suspect an alternative known suspect procedure -which they consider to be suitable and practicable to arrange. Option 2 Stick To The Original Method Offered If the officer decides that it is not suitable and practicable to invite the suspect to take part in an alternative known suspect procedure - they may stick with the original method offered and the reason for their decision will be recorded.

Answer 46

The opposite of an available suspect i.e. the suspect is refusing to consent to engage with known suspect identification procedures.

Answer 47

A juvenile suspect will be deemed to be unavailable where either: *The consent of their parent or guardian is refused; or *Reasonable efforts to obtain the consent of their parent or guardian have failed.

Answer 48

Where a known suspect either: * Is not available; or * Has ceased to be available .the Identification Officer may exercise the following options.. Option 1 Arrange a video identification using either moving or still images -which may be obtained covertly if necessary NB — any covert activity should be strictly limited to that which is necessary. Option 2 Alternatively arrange a group identification without the suspect's consent. Option 3 Where neither of the aforementioned options are practicable -arrange for a confrontation without the suspect's consent.

Answer 49

A confrontation should only be arranged when both: *The suspect has become unavailable; and * None of the other known suspect procedures are practicable to arrange.

Answer 50

Consequence 1 It will be possible to proceed with the known suspect procedures covertly without the suspect's consent. Consequence 2 It will be unnecessary to provide the suspect with information or the opportunity to vet images for suitability before they are shown to witnesses in a non-consensual video identification procedure. Consequence 3 The suspect's refusal may be given in evidence in any subsequent trial — leading to an adverse inference.

Answer 51

The arrangements for: *Obtaining; and *Ensuring the availability .of a suitable set of images is the responsibility of the Identification Officer.

Answer 52

The set of images must include: the suspect and at least 8 other people (in addition to the suspect). .. who so far as possible, resemble the suspect's: *Age; *General appearance; and *Position in life.

Answer 53

General Rule only 1 suspect will appear in any set of images... Exception unless there are 2 suspects of roughly similar appearance. If so both suspects may be shown together with at least 12 other people.

Answer 54

If the suspect has an unusual physical feature (e.g. facial scar, tattoo, distinctive hairstyle or hair colour etc) that does not appear on the images of the other people that are available to be used - steps may be taken to either. Option 1 Conceal the location of the feature on the image of the suspect and the images of the other people. Option 2 Replicate the feature on the images of the other people.

Answer 55

The Identification Officer has the discretion to choose both: * Whether to conceal or replicate the feature; and *The method to be used (i.e. electronically or via other means) .and the reason for the decision and the concealment or replication shall be recorded.

Answer 56

If the eye-witness requests to view any image where an unusual physical feature has been concealed or replicated - without the feature being concealed or replicated.. .the Identification Officer has the discretion to allow the eye-witness to view such image(s) if they are available.

Answer 57

The images used to conduct the video identification shall as far as possible, show the suspect and the other people: * In the same position; and *Carrying out the same sequence of movements.

Answer 58

General Rule The suspect and the other people shall be in identical conditions... Exception unless the Identification Officer (recording their reasons) reasonably believes that: * Because of the suspect's failure or refusal to co- operate or other reasons - it is not practicable for the conditions to be identical; and * Any difference in the conditions would not alert an eye-witness' attention to any individual image.

Answer 59

If a prison inmate is shown (either as a suspect or not) — then either: *All; or *None of the persons shown should be in prison clothing.

Answer 60

If a police officer is shown -any numerals or identification badges must be concealed.

Answer 61

General Rule Moving images shall be used. Exception Still images can be used if either of 2 exceptions apply.

Answer 62

Step 1 The Identification Officer, in consultation with the OIC, is satisfied that because of aging, or other physical changes or differences, the appearance of the suspect has significantly changed since the previous occasion when the eye-witness claims to have seen the suspect. step 2 A historic moving or still image is available which the Identification Officer and OIC reasonably believes shows the suspect at the time they were seen by the eyewitness. Step 3 Having regard to the extent of change and the purpose of eye-witness identification procedures, the Identification Officer believes that that such an image should be shown to the eye-witness. Step 4 If steps 1 —3 are satisfied. .then the historic moving or still image can be selected. Step 5 The suspect shall in their Notice be provided with the opportunity to supply their own historic image. Step 6 The Identification Officer and the OIC will decide whether to proceed with their own historic image or the one supplied by the suspect.

Answer 63

If the Identification Officer considers that either: * Replication of a distinguishing physical feature; or *Concealment of the location of a feature ..cannot be achieved using a moving image — a still image can be used instead to achieve either replication or concealment

Answer 64

Each person shown must be identified by number.

Answer 65

Before the images are shown to any eye- witness * * The suspect; * Their solicitor; *Their friend; and * Any appropriate adult must be given a reasonable opportunity to view the complete set of images.

Answer 66

If there is a reasonable objection raised by the suspect to either: *The set of images; or *Any of the participants .the suspect shall be asked to state their reasons for the objection.

Answer 67

Action Is Practicable In Response Steps shall, if practicable, be taken to remove the grounds for the objection. Action Is Not Practicable In Response If this is not practicable: * The suspect and / or their representative shall be told why their objection cannot be met; and * The objection and the reason for not removing the grounds for the objection should be recorded by the Identification Officer.

Answer 68

Arrangements shall be made for all relevant material containing sets of images used* *To be kept securely; * Their movements accounted for ...and no one involved in the investigation shall be permitted to view the material prior to it being shown to any witness.

Answer 69

Before the images are shown either: *The suspect; or * Their solicitor .shall be provided with details of the first description of the suspect by any eye-witness who will attend the video identification.

Answer 70

Where a media broadcast or publication has been made - either: *The suspect; or * Their solicitor must be allowed to view any material released to the media by the police for the purpose of recognising or tracing the suspect. .provided both: * It is practicable; and * It would not unreasonable delay the investigation.

Answer 71

No unauthorised persons may be present when the video identification is conducted.

Answer 72

The suspect's solicitor, if practicable, shall be given reasonable notification of the time and place the video identification is to be conducted.

Answer 73

The suspect's solicitor may only be present at the video identification: *On request; and *If the Identification Officer agrees.

Answer 74

The Identification Officer must be satisfied that the solicitor's presence will not: * Deter; or * Distract ...an eye-witness from: *Viewing the images; and * Making an identification.

Answer 75

Step 1 The reason for the Identification Officer's refusal must be recorded. step 2 The solicitor must be informed of the decision to refuse their presence and the reason for the decision. Step 3 The solicitor can then make oral or written representations either in person or remotely to an Inspector or above who is not involved in the investigation (NB - they cannot delegate) - as to why they should be allowed to be present. Step 4A — Initial Decision Upheld If the Inspector or above is satisfied that their presence will deter or distract the eye-witness... .they will inform the solicitor of their refusal and reasons for refusing which shall be recorded along with the solicitor's response. Step 4B — Initial Decision Overruled If the Inspector or above overrules the Identification Officer and allows the solicitor to be present... .the solicitor will ngt be permitted to communicate with the eye-witness. .but will but permitted to communicate with the Identification Officer.

Answer 76

Yes — a supervised viewing of the recording of the video identification by the suspect and/or their solicitor may be arranged upon request, at the discretion of the investigating officer. If a viewing is permitted — the identity of the eye-witness may be concealed, if the investigating officer considers it justified. The investigating officer may also arrange for anything in the recording that might allow any police officer or police staff to be identified to be concealed in either terrorism investigations or where it is reasonably believed that disclosing their identity may place them in danger.

Answer 77

Prohibited Action 1 The suspect is not permitted to be present when the images are shown to the eye-witness. Prohibited Action 2 The suspect is not entitled to be informed of the time and place the video identification shall be conducted.

Answer 78

The video identification procedure shall be recorded on video with sound - the recording must: *Show all persons present within the sight and hearing of the eye-witness whilst the images are being viewed; and *Record all communication between those present.

Answer 79

The Identification Officer is responsible for making appropriate arrangements to ensure that prior to viewing the set of images - witnesses are unable to... Restriction 1 Communicate with each other. Restriction 2 See any images that are due to be shown. Restriction 3 See or be reminded of any photograph or description of the suspect. Restriction 4 Be given any other indication as to the suspect's identity. Restriction 5 Overhear an eye-witness who has already seen the material.

Answer 80

No -there must be no discussion with the eye-witness about the composition of the set of images.

Answer 81

No -eye-witnesses must not be told whether a previous eye-witness has made any positive identification.

Answer 82

No -only 1 eye-witness should view the set of images at a time. Immediately before the images are shown -the eye-witness must be told the following 5 instructions.. Instruction 1 The person they saw on the earlier specified occasion may or may not appear in the images that are shown. Instruction 2 If they cannot make a positive identification - they should say so. Instruction 3 They can ask to see a particular part of the set of images or to have a particular image frozen for them to study. Instruction 4 There is no limit on the number of times they can view the whole set of images or any image. Instruction 5 They should view the whole set of images at least twice before reaching a decision.

Answer 83

Safeguard 1 Care must be taken not to: * Direct the witness' attention to any one individual image; or * Give any indication of the suspect's identity. Safeguard 2 Where an eye-witness has made a previous identification by photograph, or a computerised or artist's composite or similar likeness etc. (when the suspect was unknown). ...they must not be reminded of: *The photograph etc.; or *Any previous description of the suspect provided once the suspect is available for identification by other means (i.e. a known suspect procedure).

Answer 84

Once both: *The whole set of images have been viewed by the eye-witness at least twice; and *The eye-witness indicates that they do not wish to view the images or any part of them again...

Answer 85

Record 1 A record shall be made of all those. *Participating in; and * Seeing .the set of images - whose names are known to the police. Record 2 A record of the conduct of the video identification must be made in the forms provided — including * Anything said by the eye-witness about the identifications or the conduct of the procedure; and * Any reasons why it was not practicable to comply with Code ..and this record is in addition to any statement taken from the eye-witness after the procedure.

Answer 86

A suspect must be given a reasonable opportunity to have: A solicitor; or A friend present — and they shall be asked to indicate on a second copy of the notice whether or not they wish to do so.

Answer 87

An identification parade will be conducted in either: *In a normal room; or *A room equipped with a screen permitting witnesses to see members of the identification parade without been seen. .and the procedures for the: * Composition; and * Conduct will be the same in both locations — save for a minor difference in paragraph 8.

Answer 88

If there are no security problems about a prison inmate leaving the establishment — they may be asked to participate in either: *A video identification; or *An identification parade.

Answer 89

yes — they shall be conducted as far as practicable under normal identification parade rules.

Answer 90

General Rule Members of the public shall make up the identification parade.. Exception unless there are serious security, or control, objections to their admission to the establishment. If so — prison inmates may participate.

Answer 91

General Rule A suspect inmate will not be required to wear prison clothing during the identification parade.. Exceptions unless the other people taking part are either: * Inmates who are also wearing similar prison clothing; or * Members of the public who are prepared to wear prison clothing.

Answer 92

Yes But when police officers in uniform form an identification parade — any: * Numerals; or * Identifying badges .shall be concealed.

Answer 93

Before the identification parade takes place either: *The suspect; or * Their solicitor shall be provided with details of the first description of the suspect by any eye-witness who will attend the identification parade.

Answer 94

Where a media broadcast or publication has been made either: *The suspect; or * Their solicitor .should also be allowed to view any material released to the media by the police for the purpose of identifying or tracing the suspect provided both: * It is practicable; and * It would not unreasonably delay the investigation.

Answer 95

Immediately before the identification parade — the suspect must be both: *Reminded of the procedures governing the conduct of identification parades; and *Cautioned.

Answer 96

All unauthorised persons must be excluded from the location where the identification parade is conducted.

Answer 97

Once the identification parade has been formed — everything afterwards, in respect of it — shall take place in both: *The presence; and *The hearing . of: *The suspect; and *Any of the following who are also present: * Solicitor; * Appropriate adult; * Friend; or * Interpreter. unless the identification parade involves a screen — in which case, anything either: * Said to; or *Said by any witness at the place where the identification parade is held. must be either: * Said in the hearing and presence of the suspect's. * Solicitor; * Appropriate adult; * Friend; or * Be recorded on video.

Answer 98

General Rule only 1 suspect will be included in an identification parade... Exception unless there are 2 suspects of roughly similar appearance. If so - both suspects may be paraded together with at least 12 other people.

Answer 99

No — in no circumstances can more than 2 suspects be included in a single identification parade. In such a situation — a separate identification parade will be required — that will be made up of different people.

Answer 100

If the suspect has an unusual physical feature (e.g. facial scar, tattoo, distinctive hairstyle or hair colour etc) — that cannot be replicated on other members of the identification parade.. ...steps may be taken to conceal the location of that feature (e.g. with a plaster or hat etc.) on both: *The suspect; and *Other members of the identification parade. .to enable all members of the identification parade to resemble each other in general appearance -if the suspect and their solicitor, or appropriate adult, agree.

Answer 101

Yes e.g. dye being used on facial stubble. R v Marrin [2002] EWCA Crim 251 Care must be taken — as if the use of make up is obvious it may render the procedure unfair.

Answer 102

Yes Hats can be used if they assist in minimising differences between the suspect and the other members of the identification parade.

Answer 103

Wearing of hats by the suspect and the other members of the identification parade should be avoided if hats were not worn during the commission of the offence. If hats are worn — it will be legitimate for a witness to request the removal of hats.

Answer 104

When the suspect is brought to the place of the identification parade they shall be asked if they have any objection to either: *The arrangements for the identification parade; or * Any of the participants and state the reason for their objection.

Answer 105

The suspect may obtain advice from their: *Solicitor; or Friend .if present — before the identification parade proceeds.

Answer 106

If the suspect has raised a reasonable objection to either: *The arrangements for the identification parade; or * Any of the participants steps shall, if practicable, be taken to remove the grounds for the objection.

Answer 107

When it is not practicable to remove the grounds for the objection: *The suspect shall be told why their objection cannot be met; and *The following shall be recorded. * The objection; *The reason for the objection; and *Why the objection cannot be met.

Answer 108

The suspect can select their own position in the line. If there is more than one witness, the suspect must be told that after each witness has left the room, they can if they wish swap positions on the parade in readiness for the next witness. The suspect cannot dictate the order in which other members of the parade stand.

Answer 109

Each position in the line must be clearly numbered — either by numbers laid on the floor or other means.

Answer 110

Appropriate arrangements must be made to ensure that prior to witnesses attending an identification parade — they are unable to carry out any of 5 prohibited activities. Prohibition 1 Communicate with each other. Prohibition 2 Overhear a witness who has already seen the identification parade. Prohibition 3 See or be reminded of any photograph or description of the suspect. Prohibition 4 Be given any other indication as to the suspect's identity. Prohibition 5 See the suspect — either before or after the identification parade.

Answer 111

The person conducting an eye- witness to the identification parade must not: *Discuss the composition of the parade with the eye-witness; or *Disclose whether a previous eye- witness has made any identification.

Answer 112

No — eye-witnesses should be brought in to view the identification parade one at a time.

Answer 113

Immediately before the eye-witness inspects the identification parade — they shall be told 3 instructions.. Instruction 1 The person they saw on the earlier specified occasion may or may not be present. Instruction 2 If they cannot make a positive identification -they should say so. Instruction 3 They should look at each member of the identification parade at least twice before reaching a decision.

Answer 114

they shall ask the witness whether the person they saw on the specified earlier occasion is present at the identification parade.. and if so - to identify them by their number.

Answer 115

If an eye-witness wishes a person on the identification parade to either: * Speak, * Move; or *Adopt a posture... ..they shall: * First be asked whether they can identify any person(s) on the identification parade on the basis of appearance and * If the request is for members to speak - the witness will be reminded that members on the parade were selected on the basis of their physical appearance only .and once complete — the members may then be asked to comply with the request for them to either: * Speak; * Move; or * Adopt a posture.

Answer 116

If an eye-witness makes a request that the person they have indicated remove anything used to conceal the location of an unusual physical feature — that person may be asked to remove it.

Answer 117

If a witness makes a positive identification after the identification parade has ended — then both: * The suspect; * Any of the following - if they are also present: * Solicitor; * Friend; or * Interpreter ..shall be informed — and consideration should be given to allowing the witness a second opportunity to identify the suspect.

Answer 118

At the conclusion of the identification parade, after the last eye-witness has left — the suspect shall be asked whether they want to make any comment on the conduct of the identification parade.

Answer 119

General Rule A video recording must normally be taken of an identification parade... Exception .but if that is impracticable — a colour photograph must be taken instead.. .and a copy of either: * The video recording; or * The colour photograph shall be supplied, on request, to either: * The suspect; or * Their solicitor within a reasonable period of time.

Answer 120

Record 1 The conduct of the identification parade. Record 2 All those present at the identification parade — whose names are known to the police. Record 3 The circumstances of any prison inmates making up an identification parade. Record 4 The circumstances in which any person is asked to leave an identification parade due to interfering with its conduct.

Answer 121

The record made on forms provided — shall include anything said by either: * The suspect; or * The eye-witness .about either: * Any identifications; or * The conduct of the procedure ..and any reasons why it was not practicable to comply with Code D.

Answer 122

A group identification can be conducted either: *With the suspect's consent and cooperation; or *Covertly without the suspect's consent.

Answer 123

The location is a matter for the Identification Officer — although they may take into account any representations made by: *The suspect; *Appropriate adult; *Solicitor; or *Friend.

Answer 124

The place where the group identification shall be held should be one where people are either: *Passing by; or *Waiting around informally .in groups... ...such that the suspect is both: *Able to join them; and *Capable of being seen by the witness at the same time as others in the group.

Answer 125

Example 1 Pedestrians walking through a shopping centre. Example 2 Persons leaving an escalator. Example 3 Railway or bus passengers waiting in queues or groups. Example 4 Persons standing or sitting in groups in other public places.

Answer 126

Although the: * Number; * Age; * Sex; * Race; * General description; or * Style of clothing of other people present at the location cannot be controlled by the Identification Officer... ...in selecting the location - they must consider both. *The general appearance; and * Numbers of people likely to be present. and they must reasonably expect that over the period the witness observes the group they will be able to see, from time to time, a number of others, whose appearance is broadly similar to that of the suspect.

Answer 127

If the group identification is to be held covertly — the choice of location will be limited by: *The places where the suspect can be found; and *The number of people present at that time. .and might include: *Regular routes travelled by the suspect; *Public places frequented by the suspect; and *Busses or trains.

Answer 128

A group identification need not be held if the Identification Officer believes, because of the unusual appearance of the suspect, none of the locations it would be practicable to use, satisfy the requirements of paragraph 6 that are necessary to make the identification fair.

Answer 129

Before the group identification takes place — either: *The suspect; * Their solicitor shall be provided with details of the first description of the suspect by any witnesses who are to attend the identification.

Answer 130

Where either: *A broadcast; or *A publication .of either: * Films; or * Photographs... ...are shown or circulated for the purpose of identifying or tracing suspects — then either: * The suspect; * Their solicitor... .shall be allowed to view any material released by the police to the media for such purposes — provided that both: * It is practicable; and * It would not unreasonably delay the investigation.

Answer 131

Immediately after a group identification has taken place — either: *With the suspect's consent; or *Without the suspect's consent... . either: * A colour photograph; or * A video .should be taken of the general scene, if practicable, to give a general impression of. * The scene; and * The number of people present. .or alternatively, if it is practicable — the group identification may be video recorded.

Answer 132

A copy of the: * Colour photograph; or * Video shall be supplied on request to: * The suspect; * Their solicitor within a reasonable time.

Answer 133

If it is not practicable to take either: *Colour photograph; or * Video .immediately after conducting the group identification... .then either: *A photograph; or * A film of the scene, should be taken at a later time determined by the Identification Officer — if they consider it practicable to do so.

Answer 134

The identification will remain a group identification.

Answer 135

The suspect must be given a reasonable opportunity to have a: * Solicitor; . Friend ..present — and will be asked to indicate on a second copy of the notice whether they wish to do so.

Answer 136

Any of the following persons may be concealed from the sight of the individuals in the group they are observing — if the person carrying out the procedure considers this assists the conduct of the identification.. Category 1 Witnesses Category 2 Person carrying out the procedure. Category 3 Suspect's: * Solicitor; *Appropriate adult; or * Friend. Category 4 Interpreter for a witness.

Answer 137

The person conducting a witness to a group identification must not: *Discuss with them the forthcoming group identification; or *Disclose whether a previous witness made an identification.

Answer 138

Anything either: *Said to the witness; or *Said by the witness .during the procedure... .should be said in both: *The presence; and *The hearing of those present at the procedure.

Answer 139

Appropriate arrangements must be made to make sure, before witnesses attend the group identification — they are not able to. Limitation 1 Communicate with each other about the case. Limitation 2 Overhear a witness who has already been given an opportunity to see the suspect in a group. Limitation 3 See the suspect. Limitation 4 See or be reminded of any photograph or description of the suspect or be given any indication of the suspect's identity.

Answer 140

Action 1 Witnesses shall be brought one at a time to the place where they are to observe the group. Action 2 Immediately before the witness is asked to look at the group — the person conducting the procedure shall tell them.. Instruction 1 That the person they saw on a specified earlier occasion may, or may not be in the group. Instruction 2 That if they cannot make an identification — they should say so. Action 3 The witness shall be asked to observe the group in which the suspect shall appear.

Answer 141

The procedure to be followed will depend on whether the group is either: *Moving; or * Stationary.

Answer 142

The group is moving at the time of viewing by the witness. — e.g. leaving an escalator.

Answer 143

Each suspect should be the subject of a separate identification procedure. The separate identification procedures may be conducted consecutively on the same occasion.

Answer 144

Step 1 The person conducting the procedure shall: *Tell the witness to observe the group; and *Ask them to point out any person they think they saw on the earlier occasion. Step 2 The suspect should be allowed to take whatever position they wish in the group. Step 3 The witness should continue to observe the group for the period which the person conducting the procedure reasonably believes is necessary in circumstances for them to be able to make comparisons between the suspect and other individuals of broadly similar appearance to the suspect. Step 4 If the witness points out a person i.e. makes a positive identification... General Rule They shall — if practicable, be asked to take a closer look at the person to confirm their identification. Exception If either: *This is not practicable; or * They cannot confirm the identification .they shall be asked how sure they are that the person indicated is the relevant person.

Answer 145

The group is stationary at the time of viewing by the witness. — e.g. standing in a queue.

Answer 146

Where 2 or more suspects consent to a stationary group identification .each suspect should be the subject of a separate identification procedure.. unless they are of broadly similar appearance — if so, they may appear in the same group. If separate procedures are conducted.. the groups must be made up of different people.

Answer 147

Step 1 The suspect should be allowed to take whatever position they wish in the group. If there is more than one witness... -the suspect must be told, out of the sight and hearing of the witness .that they can, if they wish, change their position in the group. step 2 The witness shall be asked to: * Pass along or amongst the group; and * Look at each person in the group at least twice .taking as much care and time as possible, according to the circumstances, before making an identification. Step 3 The witness shall be: * Asked whether the person they saw on the specified earlier occasion is in the group; and * Indicate any such person by whatever means the person conducting the procedure considers appropriate in the circumstances. If this is not practicable -the witness shall be asked to point out any person they think they saw on the earlier occasion. Step 4 If the witness makes a positive identification. General Rule Arrangements shall be made — if practicable, for the witness to take a closer look at the person to confirm their identification. Exception If either: *This is not practicable; or * They cannot confirm the identification .they shall be asked how sure they are that the person indicated is the relevant person.

Answer 148

If the suspect either: *Unreasonably delays joining the group; or *Having oined the group — deliberately concea s themselves from the sight of a witness .this may be treated as a refusal to co- operate with the group identification.

Answer 149

If a witness identifies a person other than the suspect — then the person identified shall be: *Informed what has happened; and *Asked if they would be prepared to give their name and address. There is no obligation placed upon any member of the public to give these details.

Answer 150

Once the group identification has been completed — the suspect shall be: * Told of any identifications made by the witnesses - (if they have not been previously informed) * Asked if they wish to make any comments about the conduct of the procedure and any response shall be recorded on the form provided.

Answer 151

Group identifications held covertly without the suspect's consent... .should, as far as practicable, follow the rules for the conduct of group identification by consent.

Answer 152

Difference 1 The suspect will not have the right to have either: * A solicitor; * An appropriate adult; or * A friend . present — as the identification will be taking place without their knowledge. Difference 2 Any number of suspects may be identified at the same time.

Answer 153

A group identification should only take place at a police station — for reasons of either: * Safety; * Security; or * It not being practicable to hold the procedure elsewhere.

Answer 154

A group identification conducted at a police station may take place either: * In a room equipped with a screen - permitting witnesses to see members of the group without being seen; or *Anywhere else in the police station that the Identification Officer considers appropriate.

Answer 155

Any of the safeguards applicable to identification parades should be followed if the Identification Officer considers it practicable to do so in the circumstances.

Answer 156

A group identification involving prison inmates may only be arranged in either: * Prison; or * Police station and irrespective which location is utilized — the procedures in paragraphs 37 — 39 (i.e. the procedure at a police station) shall be followed.

Answer 157

An inmate suspect will not have to wear prison clothing for the group identification.. unless the other participants are wearing the same clothing.

Answer 158

Before a confrontation takes place — the eye- witness must be told that: *The person they saw on a specified earlier occasion - may, or may not be the person that they are to confront; and *That if they are not that person — the witness should say so.

Answer 159

Before a confrontation takes place — the: *Suspect; or *Their solicitor .shall be.. Action 1 Provided with details of the first description given by the eye-witness. Action 2 If a broadcast or publication of media images has been made — they shall be allowed to view any material previously released to the media for the purpose of recognising or tracing the suspect — provided both: * It is practicable to do so; and * Doing so would not unreasonably delay the investigation.

Answer 160

A confrontation must take place in the presence of the suspect's: * Solicitor; * Interpreter; * Friend unless this would cause an unreasonable delay.

Answer 161

The confrontation should normally take place in the police station — in either: *A normal room; or *A room equipped with a screen permitting the eye-witness to see the suspect without been seen... .and with both options — the procedure is the same - except that a room equipped with a screen may be used only when either: *The suspect's solicitor, friend or appropriate adult is present; or * The confrontation is recorded on video.

Answer 162

Step 1 The suspect shall be confronted independently by each eye-witness. Step 2 The eye-witness shall be asked "Is this the person?" Step 3 If the eye-witness identifies the person but is unable to confirm the identification — they shall be asked how sure they are that the person is the one they saw on the earlier occasion.

Answer 163

Each eye-witness shall be asked - after they take part in any of the known suspect identification procedures - whether they have seen either: * Any film, photograph or image relating to the offence; or * Any description of the suspect that has been broadcast or published .and their reply recorded.. and if they have: *They should be asked to give details of the circumstances; and *A record shall be completed.

Answer 164

The court will consider the impact that any breaches will have upon the reliability of the identification evidence and the consequent fairness of the trial. If unfairness has been caused by a breach of Code D -then the court may exercise its discretionary power to exclude the identification evidence under section 78 PACE 1984. The more serious the breach the more inclined the court will be to exercise its discretion to exclude. Example 1 The officer in charge of the investigation (as opposed to the Identification Officer) running the identification procedure and interacting with witnesses. R v Gall [1990] 90 Cr App r 64 Example 2 Showing witnesses photographs of a suspect after the suspect had become known and before a known suspect identification procedure was conducted. R v Finley [1993] Crim LR 50 Example 3 Putting blatantly obvious make up on other members of an identification parade in an attempt to make their appearance more similar to the suspect.

Answer 165

This provision applies when, for the purposes of obtaining evidence of recognition — arrangements are made for any person - including a police officer who is not an eye-witness... ..to: *View the image of an individual - in either: *A film; *A photograph; or *Any other visual medium; and * Be asked whether they recognise that individual as someone who is known to them. Who Do The Provisions Apply To? Anybody — including members of the public and police officers. Are They An Eye-witness To The Crime? No What Are They Shown? An image of a person - in either: . A film; *A photograph; or *Any other visual medium. Is The Showing Controlled & Supervised? Yes Why Are They Shown The Image? To see if they recognise the person in the image — (i.e. the suspect). Example - Note 3AA "On (describe date, time location) I saw an image of an individual who I recognised as AB."

Answer 166

The arrangements for such viewings may be made by the officer in charge of the investigation - (OIC).

Answer 167

Yes Whilst there is no requirement for the Identification Officer to either: * Make the arrangements; or * Be consulted about the arrangements .there is nothing to prevent either action.

Answer 168

The safeguards are put in place to: *Prevent mistaken recognition; and *Avoid any possibility of collusion

Answer 169

The arrangements should ensure that the: *Film; *Photograph; or *Other images .are shown on an individual basis.

Answer 170

The arrangements should ensure that any person who views the material is subject to 3 prohibitions. Prohibition 1 They are unable to communicate with any other person to who the material either: * Has been shown; or *Is to be shown. Prohibition 2 They are not either: * Reminded of any photograph or description of any individual; or * Shown or given any other indication of the identity of such an individual. Prohibition 3 They are not told whether a previous witness has recognised anyone.

Answer 171

That immediately before a person views the material — they are told 2 points. Point 1 Both. *An individual who is known to them, may or may not appear in the material they are shown; and * If they do not recognise anyone — they should say so. Point 2 Both: *They may at any point — ask to see a particular part of the material frozen for them to study; and *There is no limit to how many times they can view the whole or any part(s) of the material.

Answer 172

General Rule The person who views the material is not asked to make any decision as to whether they recognise anyone whose image they have seen as someone known to them — until they have seen the whole of the material at least twice.. Exception unless the officer in charge of the viewing decides that because of the number of images the person has been invited to view — it would not be reasonable to ask them to view the whole of the material for a second time. If so — a record shall be made of this decision.

Answer 173

A record of the circumstances and conditions under which the person is given an opportunity to recognise the individual must be made.

Answer 174

Content 1 Whether the person either: * Knew; or * Was given information .. .concerning either: * Name: or * Identity .of any suspect. Content 2 What the person has been told before the viewing about: * The offence; *The person(s) depicted in the images; or * The offender and by whom. Content 3 Both: * How; and * By whom the witness was asked to either: * View the image; or * Look at the individual. Content 4 Whether the viewing was either: *Alone; or * With others .and if with others - the reason for it. Content 5 Both: *The arrangements under which the person viewed the film or saw the individual; and * By whom those arrangements were made. Content 6 Both: *Name; and * Rank of the officer responsible for the viewing arrangements... unless either: * It is a terrorism offence; or *The officer believes that recording or disclosing their details might put them in danger. Content 7 The: * Date; * Time; and * Place .either: * The images were viewed or further viewed; or * The individual was seen. Content 8 The times between which: The images were viewed; or The individual was seen. Content 9 How the: *Viewing of images; or * Sighting of the individual .was controlled and by whom. Content 10 Whether the person was familiar with either: *The location shown in any images; or *The place where they saw the individual .and if so, why? Content 11 Whether or not on this occasion, the person claims to recognise any: * Image shown; or * Any individual seen as being someone known to them ..and if they do: . The reason, * The words of recognition, * Any expressions of doubt; and * What features of the image or the individual triggered the recognition.

Answer 175

The record may be made by the person who views the image or sees the individual and makes the recognition... .and if applicable — by the officer or police staff in charge of showing the images to the person or in charge of the conditions under which the person sees the individual. and the person may be asked to both. * Read and check the completed record; and *As applicable — confirm that it correctly and accurately reflects the part they played in the viewing.

Answer 176

For the purpose of both: * Tracing; and * Identifying .suspects.. either: * Films * Photographs * Other images of incidents.. .are either: * Shown to the public (including police officers or police staff) through the national or local media or social networking sites; or * Circulated through local or national police communication systems for viewing by police officers and police staff and the viewing is not formally controlled and supervised. Who Do The Provisions Apply To? Anybody — including members of the public, police officers and police staff. Are They An Eye-witness To The Crime? No What Are They Shown? An image of a person - in either: . A film; *A photograph; or *Any other image. Is The Showing Controlled & Supervised? No Why Is The Image Circulated? To see if anybody recognises the person in the image — (i.e. the suspect).

Answer 177

Step 1 Code D Paragraph 3.39 A copy of the material released to either: *The national media; or *The local media ..for showing - shall be kept.. and: *The suspect; or *Their solicitor .shall be allowed to view the material prior to the conduct of a known suspect identification procedure.. provided both: * It is practicable; and * It will not unreasonably delay the investigation. step 2 If either: *A member of the public; *A police officer; or *A police staff member .indicates in response to viewing.. .that they may have information relating to the: * Identity; or * Whereabouts of anybody they have seen in the viewing... arrangements must be made ASAP thereafter: *To ensure that they are asked to give details of the circumstances; and *A record is made of the circumstances and conditions under which the viewing took place. step 3 Each eye-witness -after taking part in any of the known suspect identification procedures... .shall be asked whether they have previously seen either. Previous Exposure 1 any: * Film; * Photograph; or * Other image relating to the offence.. Previous Exposure 2 or any description of the suspect that has been either: * Broadcast; or * Published. and. *Their response shall be recorded; and * If they have: *They shall be asked to give details of the circumstances; and *A record shall be made ASAP thereafter.

Answer 178

Yes Both: *A witness; and *An expert .can give evidence identifying a voice from an audio sample that is of a sufficient duration to enable the words spoken to be attributable to a single person and the jury should also be permitted to hear the recording to make their own mind up whether the voice is that of the accused.

Answer 179

No corroborating evidence should still be sought to back up any positive identification from a tape recording - as witnesses can be mistaken

Answer 180

Step 1 An Inspector or above has reasonable grounds to believe that the intimate sample will tend to either: * Confirm; or * Disprove; .their involvement. step 2 The suspect consents in writing.

Answer 181

Who Gives Consent? 18 or over - Suspect only Turned 14 but under 18 - Suspect and Parent or Guardian Under 14 - Parent or Guardian only

Answer 182

No If force is used exclusion under section 78 PACE 1984.

Answer 183

Adverse inferences.

Answer 184

Prerequisite? The victim's written consent should be obtained. Is Authorisation Required From An Inspector Or Above? General Rule No Exception - if the victim was in police detention at the time of the request.

Answer 185

Step 1 The person has already given 2 or more non intimate samples in the course of the investigation of the offence - which have proved insufficient for the same means of analysis. Step 2 An Inspector or above provides their authorisation. Step 3 The suspect consents in writing.

Answer 186

Prerequisite? An intimate sample be taken from a person not in police detention for elimination purposes - if the person consents.

Answer 187

Grounds? An intimate sample can be taken from a person who has been convicted outside England and Wales of an offence... .which if committed in England and Wales would be a qualifying offence... .from whom 2 or more non-intimate samples taken have proved insufficient - if both... Step 1 A police officer of Inspector rank or above: * Is satisfied that taking the sample is necessary to assist In the prevention or detection of crime; and *Authorises it to be taken Step 2 The person concerned gives their written consent.

Answer 188

* Homicide Offences - Murder & manslaughter; * Sexual Offences -Sections 1-19, 26-26, 30-41, 47- 50.53, 57-59, 61-67.69, 70 Sexual Offences Act 2003; * Offences Against The Person - Sections 4, 16, 18, 20, 21, 22, 23, 24 Offences Against The Persons Act 1861... * Firearms Offences - Sections 16, 17 & 18 Firearms Act 1968; * Abduction Type Offences - False imprisonment. kidnapping & section 1 Protection of Children Act 1978; * Theft Offences - Sections 9 & 10, or 12A Theft Act 1968 involving an accident that causes a death; and * Arson - Section 1 Criminal Damage Act 1971 charged as arson.

Answer 189

Nature Of The Power? The police have the power to make a requirement for a person to attend a police station to have an intimate sample taken in 2 situations... Situation 1 Persons from whom two or more non-intimate samples have been taken and proved to be insufficient. Situation 2 Persons convicted outside England and Wales from whom two or more non-intimate samples have been taken and proved to be insufficient. Is There A Time Limit For Making The Requirement? No

Answer 190

General Rule? A requirement for a person to attend a police station to have a sample taken: * Must give the person a period of at least seven days within which to attend the police station; and * May direct them to attend at a specified time of day or between specified times of day. Exception? An officer of the rank of Inspector or above may authorise a period shorter than 7 days -if there is an urgent need -for the person's sample -for the purpose of the investigation of an offence. Can The Timescale Be Varied? Yes In writing. Consequence Of A Failure To Comply With The Requirement? Power of arrest without warrant.

Answer 191

Step 1 If they are not legally represented. * They must be reminded of their entitlement to free and independent legal advice; and * The reminder and response must be noted in the custody record. step 2 They must be warned that if they refuse without good cause - it may harm their case at trial. i.e. the court may draw adverse inferences.

Answer 192

Fact 1 The reason for taking the sample including the nature of the offence (except when convicted of an offence outside of England & Wales under Code D Paragraph 6.2(c)). Fact 2 The fact that authorisation has been given and the provisions under which it was given. Fact 3 That the sample or information derived from the sample may be retained and be subjected to a speculative search.

Answer 193

Who Can Take Intimate Samples? Dental impression Rest except for urine Urine

Answer 194

Category 1 Any person whose presence is unnecessary. Category 2 No person of the opposite sex - unless they are either: * A Registered Medical Practitioner; * A Registered Health Care Professional; or * An Appropriate Adult who has been specifically requested and is readily available.

Answer 195

2 Steps The removal of clothing from a juvenile may only take place in the absence of an appropriate adult - where both: * The juvenile signifies in the appropriate adult's presence that they do not wish them to observe; and * The appropriate adult agrees.

Answer 196

Can A Suspect Choose Which Part Of The Body A Sample Is Plucked From? Yes How Should Hair Be Plucked? Individually -unless the suspect requests otherwise. How Many Hairs Can Be Plucked? As many hairs as the person plucking considers necessary to obtain a sufficient sample.

Answer 197

Law Abiding Citizens Privacy shield 2 options Option 1 Put their shield up No means no — can't use force. Option 2 Throw away their shield Consent in writing.

Answer 198

Exception Where a person has had involvement with the legal process: * Their privacy shield is stripped away; * No consent is required; and * Reasonable force can be used where necessary in the event of a refusal.

Answer 199

A person who is in police detention as a consequence of being arrested for a recordable offence - and who either... 2 Permutations * 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 of the offence by the police; or * Has had such a non-intimate sample taken - but it proved insufficient.

Answer 200

A person who has been arrested for a recordable offence and released - if the person either. Permutation 1 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 of the offence. Permutation 2 Has had such a non-intimate sample taken in the course of the investigation of the offence - but either: * It proved unsuitable or insufficient; or * The investigation was discontinued but subsequently resumed — and the DNA sample and profile was destroyed.

Answer 201

A person (whether or not in police detention or held in custody by the police on the authority of a court).. .who has either: * Been charged with a recordable offence; or * Been informed they will be reported for a recordable offence .if the person either... Permutation 1 Has not had a non-intimate sample taken from them in the course of the investigation of the offence. Permutation 2 Has had a non-intimate sample so taken - but it proved unsuitable or insufficient. Permutation 3 Has had a non-intimate sample taken in the course of the investigation of the offence and the sample has been 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.

Answer 202

No consent is required from a person detained following acquittal on grounds of either: * Insanity; or * Unfitness to plead

Answer 203

A person who is being held in custody by the police on the authority of a court -if an officer of at least the rank of Inspector authorises it to be taken. Mental Element Of The Authorising Officer? The Inspector or above has reasonable grounds for: * Suspecting the person of involvement in a recordable offence: and * Believing that the sample will tend to confirm or disprove that involvement.

Answer 204

From a person who has in relation to a recordable offence been either: * Convicted; or * Given a caution in relation to an offence they admitted... ..if since the action was taken - either: *A non-intimate sample has not been taken from them *A non-intimate sample which has been taken since then has proved to be unsuitable or insufficient... .and in either case, an officer of Inspector rank or above - is satisfied that taking the non-intimate sample is necessary to assist in the prevention or detection of crime and authorises the taking.

Answer 205

A person who has been convicted outside England and Wales of an offence - which if committed in England and Wales would be a qualifying offence - if both. Step 1 A non-intimate sample has not been taken previously or a sample was so taken but was unsuitable or insufficient. Step 2 A police officer of Inspector rank or above is satisfied that taking a non-intimate sample is necessary to assist in the prevention or detection of crime.

Answer 206

Power To Make A Requirement There is the power to both: * Make a requirement for a person to attend a police station to have a non-intimate sample taken - if a trigger applies; and * Arrest, without warrant, a person who fails to comply with the requirement.

Answer 207

Window? The requirement may not be made more than six months from either: * The day the investigating officer was informed that the sample previously taken was unsuitable or insufficient; or * For persons whose DNA sample and profile were destroyed prior to the resumption of the investigation — the day on which the investigation resumed.

Answer 208

Window? The requirement may not be made more than six months from: * The day the person was charged or reported - if a sample has not been taken dunng the course of the investvgation; * The day the investigating officer was informed that the sample previously taken was unsuitable or insufficient; or * For persons whose DNA sample and profile were destroyed prior to the resumption of the investigation — the day on which the investigation resumed.

Answer 209

Window? - Recordable But Non Qualifying Offences The requirement may not be made more than two years from: * The day the person was convicted or cautioned if the sample has not been taken since then; or * The day the investigating officer was informed that the sample previously taken was unsuitable or insufficient. Window? — Qualifying Offences Where the offence for which the person was convicted or cautioned is also a qualifying offence - there is no time limit for the exercise of this power.

Answer 210

Window? - Qualifying Offences There is no time limit for making the requirement.

Answer 211

General Rule? - 7+ A requirement for a person to attend a police station to have a sample taken: * Must give the person a period of at least seven days within which to attend the police station; and * May direct them to attend at a specified time of day or between specified times of day. Exception? An officer of the rank of Inspector or above may authorise a period shorter than 7 days -if there is an urgent need -for the person's sample -for the purpose of the investigation of an offence. Non Intimate Samples - Overview * Arrest * Reported * Charged * Not guilty by reason of insanity / unfitness to plead* 6 months * Held in custody under the authority of a court' * Convicted I cautioned * Convicted abroad of a qualifying offence 2 years Qualifying offences — open ended

Answer 212

* The reason for taking the sample; *The power under which the sample is to be taken; * The fact that any relevant authority has been given (if required).. *That their sample or information derived from it may be subject of a speculative search against other samples and information derived from them; and * That their sample and the information derived from it may be retained in accordance with Annex F, Part (a).

Answer 213

* The reason for taking the sample; * The power under which the sample is to be taken; * The fact that any relevant authority has been given — (if required). .. * That their sample or information derived from it may be subjected to a speculative search against other samples and information derived from them; * That their sample and the information derived from it may be retained in accordance with Annex F, Part (a); and * If force is used - a record shall be made of the circumstances and those present.

Answer 214

ANSWER: An officer of the rank of Inspector or above will authorise the taking of an Intimate sample from a non-terrorism detainee. NB - for a terrorism suspect the rank of authorising officer will shift up to the rank of Superintendent or above.

Answer 215

ANSWER: Authorisation an only be provided if they have reasonable grounds to believe that the intimate sample will tend to either confirm or disprove the suspect's involvement in the commission of an offence. Put simply an intimate sample can only be taken for the purpose of gathering evidence.

Answer 216

ANSWER: The Inspector or above can provide their authorisation either: * Orally; or * In writing. Any oral authorisation must be confirmed in writing as soon as practicable thereafter.

Answer 217

ANSWER: No - an intimate sample cannot be taken without the appropriate written consent being obtained beforehand. Force can never be used to obtain a non-consensual intimate sample. If force was used without the detainee's consent - then the following consequences will arise: * The court is highly likely to exercise its discretion to exclude the sample under the unfairness provisions of section 78 PACE 1984 - (see Exclusion of Evidence module); * Article 3 ECHR will be breached - (inhuman and degrading treatment); * The detainee will have been assaulted; and * The force will be civilly liable.

Answer 218

ANSWER: Please remember that the Police & Justice Act 2017 has resulted in an update to the legal position on who consent must emanate from under Code D. The position now is that written consent will be provided by: * 18 or over - Suspect only * 14 or over but under 18 - Suspect and Parent or Guardian * Under 14 - Parent or Guardian only. Put simply the age threshold of an adult for consent purposes has been raised from 17 (as stated in the video which was recorded prior to the law changing) - to the new current threshold of 18. The consent of a mentally disordered or mentally vulnerable person is only valid if it is given in the presence of an appropriate adult.

Answer 219

ANSWER: The detainee will be asked for their reasons for refusing to consent - which will be recorded and presented before the court. If they are deemed to have refused without good cause - the court will draw such inferences as appear proper. Any inference generated cannot of itself prove guilt - corroboration will still be required in order to prove the case beyond reasonable doubt.

Answer 220

ANSWER: Yes - only urine. You are only allowed to take the piss - leave the rest to the professionals - (i.e. doctor, nurse, paramedic, or dentist).

Answer 221

ANSWER: Yes - where clothing needs to be removed in circumstances likely to cause embarrassment to the suspect - as a general rule the following are not permitted to be present: * Any person whose presence is unnecessary; or * Persons of the opposite sex. However the following persons of the opposite sex are permitted to be present: * A Registered Medical Practitioner; * A Registered Health Care Professional; or * An Appropriate Adult who has been specifically requested and is readily available.

Answer 222

ANSWER: Yes - but only if both: * The detainee signifies in the appropriate adult’s presence that they do not wish them to observe; and * The appropriate adult agrees.

Answer 223

ANSWER: Law abiding citizen's privacy rights are protected under Article 8 ECHR. Therefore, it will only be permissible to obtain a non-intimate sample from a law-abiding citizen if they agree to waive their privacy rights by providing written consent. If no consent is forthcoming - then force - reasonable or otherwise cannot be used.

Answer 224

ANSWER: Yes. Compliance via consent should be sought to obtain a non-intimate sample - as this is a more proportionate means of obtaining the sample - upholding the principles of the HRA 1998. But if consent is not forthcoming from a person who has had involvement with the criminal process - then reasonable force can be used. These include the following triggers: PRE-CONVICTON - (NO INSPECTOR AUTHORITY REQUIRED) * Arrested; * Reported; * Charged; or * Those found not guilty by reason of insanity / unfitness to plead. POST-CONVICTION - (INSPECTOR AUTHORITY REQUIRED) * Convicted / Cautioned / Warned/ Reprimanded; * Those held in custody under the authority of a court; or * Those convicted abroad of a qualifying offence.

Answer 225

CAN DNA EVIDENCE PROVE GUILT IN ITSELF? No - in the case R v Deen, The Times, 10 January 1994 of Lord Taylor CJ stated that a positive match between the two profiles does not of itself proof of guilt. Therefore, DNA evidence alone will not be sufficient for a conviction. There needs to be other supporting (corroborating) evidence to link the suspect to the crime.

Answer 226

Definition? Any record produced by any method, of the skin pattern and other physical characteristics or features of a person's fingers or palms.

Answer 227

Law Abiding Citizens Privacy shield 2 options Option 1 Put their shield up No means no — can't use force. Option 2 Throw away their shield Consent in writing.

Answer 228

Exception Where a person has had involvement with the legal process: * Their privacy shield is stripped away; * No consent is required; and * Reasonable force can be used where necessary in the event of a refusal. 3 Stages Where The Privacy Shield Is Stripped Away * Pre-arrest; *Post-arrest; and *Bail backs.

Answer 229

When Can The Power Be Exercised? A constable may take a person's fingerprints without their consent - where both. Step 1 They reasonably suspect that the person is either: * Committing an offence; * Attempting to commit an offence; or * Has committed an offence. step 2 .and either: *The name of the person is unknown and cannot be readily ascertained by the constable; or *The constable has reasonable grounds for doubting whether the name they have provided is their real name.

Answer 230

Where Is The Person Answering Bail? No consent is required from a person aged 10 years or over - who is bailed to appear either at: * Court; or * A police station .if either: Ground 1 They have answered to bail for a person whose fingerprints were taken previously and there are reasonable grounds for believing that they are not the same person. Ground 2 They claim to be a different person from a person whose fingerprints were previously taken. Authorisation? ...and authorisation is provided by either: *The court; or *An Inspector or above.

Answer 231

A person who is in police detention as a consequence of being arrested for a recordable offence - and who either.. Permutation 1 Has not had their fingerprints taken during the course of the investigation of the offence. Permutation 2 Have had their fingerprints taken - but they were of an insufficient quality.

Answer 232

A person who has been arrested for a recordable offence and released - if the person either... Permutation 1 Is on bail and has not had their fingerprints taken in the course of the investigation of the offence. Permutation 2 Has had their fingerprints taken in the course of the investigation of the offence -but they were of an insufficient quality.

Answer 233

A person (whether or not in police detention) - who has either: * Been charged with a recordable offence; or * Been informed they will be reported for a recordable offence ...if the person either... Permutation 1 Has not had their fingerprints taken in the course of the investigation of the offence. Permutation 2 Has had their fingerprints taken in the course of the investigation of the offence - but either: * They were of an insufficient quality; or * The investigation was discontinued but subsequently resumed and the fingerprints were destroyed.

Answer 234

From a person who has in relation to a recordable offence been either: * Convicted; or * Given a caution in relation to an offence they admitted ..if since the action was taken — either. Permutation 1 They have not had their fingerprints taken in the course of the investigation of the offence. Permutation 2 * They have had their fingerprints taken in the course of the investigation of the offence - but either: * They were of an insufficient quality; or * The investigation was discontinued but subsequently resumed and the fingerprints were destroyed. ...and in either case, an officer of Inspector rank or above - is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime and authorises the taking.

Answer 235

A person who has been convicted outside England and Wales of an offence - which if committed in England and Wales would be a qualifying offence - if both. Step 1 Fingerprints have not been taken previously, or fingerprints were so taken but they were of an insufficient quality. Step 2 An Inspector or above is satisfied that taking fingerprints is necessary to assist in the prevention or detection of crime. Requirement Provisions

Answer 236

Power To Make A Requirement There is the power to both: * Make a requirement for a person to attend a police station to have their fingerprints taken - if a trigger applies; and * Arrest, without warrant. a person who fails to comply with the requirement.

Answer 237

Window? The requirement may not be made more than six months from either: * The day the investigating officer was informed that the fingerprints previously taken were incomplete or below standard; or * For persons whose fingerprints were destroyed prior to the resumption of the investigation the day on which the investigation resumed.

Answer 238

Window? The requirement may not be made more than six months from: * The day the person was charged or reported — if fingerprints have not been taken during the course of the Investigation. * The day the that the fingerprints previously plete or below standard; or * For persons whose fingerprints were destroyed prior to the resumption of the investigation — the day on which the investigation resumed.

Answer 239

Window? - Recordable But Non Qualifying Offences The requirement may not be made more than two years from: * The day the person was convicted or cautioned -- if the fingerprints have not been taken since then; or * The day the investigating officer was informed that the fingerprints previously taken were incomplete or below standard. Window? — Qualifying Offences Where the offence for which the person was convicted or cautioned is also a qualifying offence - there is no time limit for the exercise of this power.

Answer 240

Window? - Qualifying Offences There is no time limit for making the requirement.

Answer 241

General Rule? - 7+ A requirement for a person to attend a police station to have their fingerprints taken: * Must give the person a period of at least seven days within which to attend the police station; and * May direct them to attend at a specified time of day or between specified times of day. Exception? An officer of the rank of Inspector or above may authorise a period shorter than 7 days -if there is an urgent need for the person's fingerprints for the purpose of the investigation of an offence. Fingerprints * Arrest * Reported * Charged 6 months * Convicted / cautioned * Convicted abroad of a qualifying offence 2 years Qualifying offences — open ended

Answer 242

*The reason their fingerprints are to be taken; *The power under which they are to be taken; and * The fact that any relevant authority has been given (if required). .. * That their fingerprints may be subject of a speculative search against other fingerprints; and * That their fingerprints may be retained - unless they were taken under the away from the police station power to ascertain a suspect's identity - when they must be destroyed after they have being checked.

Answer 243

What Must Be Recorded? *The reason for taking the fingerprints; * The power under which the fingerprints are taken; * The fact that any relevant authority has been given (if required).. * That their fingerprints and information derived from it may be subject of a speculative search against other fingerprints; *That their fingerprints may be retained - unless they were taken under the away from the police station ower to ascertain a suspect's identity - when t ey must be destroyed after they have being checked; and * If force is used - a record shall be made of the circumstances and those present.

Answer 244

How Many Years Experience? 3 A witness giving expert opinion evidence in respect of fingerprint evidence must have at least 3 years' experience to be deemed suitably qualified.

Answer 245

ANSWER: Law-abiding citizen's privacy rights are protected under Article 8 ECHR. Therefore, it will only be permissible to obtain fingerprints from a law-abiding citizen if they agree to waive their privacy rights by providing written consent. If no consent is forthcoming - then force - reasonable or otherwise cannot be used.

Answer 246

ANSWER: Yes. Compliance via consent should be sought to obtain fingerprints as this is a more proportionate means of obtaining the fingerprints - upholding the principles of the HRA 1998. But if consent is not forthcoming from a person who has had involvement with the criminal process - then reasonable force can be used in the 3 following situations. * Pre-arrest; * Post-arrest; and * Bail back situations.

Answer 247

ANSWER: A constable must reasonably suspect that the person is either: * Committing an offence; * Attempting to commit an offence; or * Has committed an offence. Note that the mental element of the officer is suspicion.

Answer 248

ANSWER: The constable must suspect that either: * The name of the person is unknown and cannot be readily ascertained by the constable; or * The constable has reasonable grounds for doubting whether the name they have provided is their real name.

Answer 249

ANSWER: Yes. Compliance via consent should be sought to obtain a fingerprints following arrest - as this is a more proportionate means of obtaining the fingerprints - upholding the principles of the HRA 1998. But if consent is not forthcoming then reasonable force can be used. The post arrest triggers that justify the taking of non-consensual fingerprints are very similar to those previously highlighted for the taking of non-intimate samples and include: PRE-CONVICTON - (NO INSPECTOR AUTHORITY REQUIRED) * Arrested and in police detention; * Arrested and released on bail; * Reported; or * Charged. POST-CONVICTION - (INSPECTOR AUTHORITY REQUIRED) * Convicted / Cautioned / Warned/ Reprimanded; or * Those convicted abroad of a qualifying offence.

Answer 250

ANSWER: The overriding principle that permits the taking of non-consensual fingerprints in bail back situations is that it is believed that the person answering bail is a different person to the individual who was bailed from custody - i.e. an impostor is answering bail on their behalf. Therefore, non-consensual fingerprints can be obtained from the person answering bail to compare against fingerprints previously taken from the individual who was bailed out from custody. The 2 triggering situations are: * A person has answered to bail for a person whose fingerprints were taken previously and there are reasonable grounds for believing they are not the same person; or * The person answering bail claims to be a different person from a person whose fingerprints were previously taken.

Answer 251

A - PERSONS WHO HAVE BEEN ARRESTED REPORTED OR CHARGED WITH A RECORDABLE OFFENCE Yes - both fingerprints and DNA samples taken from persons either arrested, reported or charged with a recordable offence may be subjected to a speculative search of records held by the police or other law enforcement agencies located both inside and outside the UK. B - PERSONS WHO HAVE NOT BEEN ARRESTED REPORTED OR CHARGED WITH A RECORDABLE OFFENCE Fingerprints and DNA samples taken from persons who have NOT been either arrested, reported or charged with a recordable offence may ONLY be subjected to a speculative search of records if written consent is provided.

Answer 252

Law Abiding Citizens Privacy shield 2 options Option 1 Put their shield up No means no — can't use force. Option 2 Throw away their shield Consent in writing.

Answer 253

Exception Where a person has had involvement with the legal process: * Their privacy shield is stripped away; * No consent is required; and * Reasonable force can be used where necessary in the event of a refusal. Situations Where The Privacy Shield Is Stripped Away No consent is required from a person either: * Arrested; * Charged; * Informed that they will be reported .for a recordable offence who is in police detention... ..if they either: * Have not previously provided a footwear impression during the course of the investigation; or * Have previously provided a footwear impression — but it was either: * Incomplete; or * Insufficient for analysis.

Answer 254

2 Points The person must be notified of both: * The reason for taking the footwear impression; and * That their footwear impression may be retained and be subjected to a speculative search.

Answer 255

2 Facts A record shall be made of both: * The warning provided to the person in relation to subjecting the footwear impression to a speculative search; and * The reasons for taking any footwear impression without the suspect's consent.

Answer 256

ANSWER: The triggers that permit the taking of a non-consensual set of footwear impressions from a detainee include: * Persons arrested and in police detention; * Persons charged and in police detention; and * Persons who have been informed that they will be reported who are in police detention.

Answer 257

What Action Can Be Taken? * Search * Examination Who Can Be Searched Or Examined? Detainee Volunteers Where Can They Be Searched Or Examined? Only at a police station Premise For Searching Or Examining? In order to establish either of 2 facts. Fact 1 - Offence To establish whether they have any: * Marks; * Features; or * Injuries ..that would tend to identify them as a person involved in the commission of an offence; and .to photograph any identifying marks. Fact 2 - Identity To establish their identity. Can The Search Or Examination Take Place Without Consent? Inspector or above authority. Reasonable force may be used where necessary. How Must Authority Be Provided? * Orally; or * In writing. If given orally - the authorising officer must confirm in writing ASAP thereafter. A separate authority is required for each purpose that applies. Grounds For A Search Or Examination Without Consent Under Fact 1 (Involvement In An Offence)? * Consent has been withheld by the detainee; or * It has not been practicable to obtain the detainees consent. Grounds For A Search Or Examination Without Consent Under Fact 2 (Identity)? * The detainee has refused to identify themselves; or * The authorising officer has reasonable grounds for suspecting that the person is not who they claim to be. Permitted Extent Of The Search? The search or examination must not extend beyond what is necessary for the purpose of the search.

Answer 258

What Are Identifying Marks? Any marks that assist in establishing: * The detainee's identity; or * The detainee's identification as a person involved in the commission of the offence. Can They Be Obtained Without Consent If Consent Is Not Forthcoming? Yes If either: * Consent is withheld; or * It is not practicable to obtain consent. Reasonable force may be used where necessary. Who May Search Examine Or Photograph The Detainee? A police officer of the same sex. Can Genitals Be Exposed In Order To Examine Or Photograph The Detainee? Yes Provided the safeguards specified for strip searches are adhered to. Purposes For Which Photographs Taken Of Identifying Marks Can Be Used Or Disclosed Thereafter? Prevention or detection of crime. The investigation of offences or the conduct of prosecutions by or on behalf of police or other law enforcement and prosecuting authorities either: * Inside the UK; or * Outside the UK. Same Rules For Volunteers At A Police Station? Nearly! 2 differences Difference 1 Force cannot be used in the event of a refusal. Difference 2 Photographs of the volunteer of their identifying marks must be destroyed unless the volunteer is subsequently: * Charged with a recordable offence; * Is informed they will be reported for a recordable offence; * Is prosecuted for a recordable offence; * Is cautioned, warned, or reprimanded for a recordable offence; or * The volunteer gives informed consent in writing for the image to be retained.