Identification Procedures Flashcards
(24 cards)
When must the police conduct an identification procedure under PACE Code D?
When a suspect disputes being the person seen by a witness and ID is a key issue in the case.
What is the main purpose of a formal identification procedure in criminal investigations?
To test the reliability of an eyewitness’s ability to identify the suspect.
What condition must be met for the duty to hold an ID procedure to arise?
An eyewitness has purported to identify a suspect, and the suspect disputes being the person seen.
What are the two exceptions to holding an identification procedure under PACE Code D?
If it is not practicable or would serve no useful purpose in relation to the allegation.
Does the obligation to hold an ID procedure apply if the suspect admits to being present at the scene?
No, because ID is not in dispute in that case.
What is an identification parade, and what is its purpose?
An identification parade is when an eyewitness is asked to identify a suspect from a lineup of individuals who resemble the suspect. Its purpose is to test the reliability of the eyewitness’s memory in controlled conditions.
How does video identification work in a police investigation?
Video identification involves showing the eyewitness images of the suspect along with similar images of other individuals. It allows for controlled and consistent presentation and is commonly used where a live lineup is not feasible.
What is meant by group identification in criminal procedures?
Group identification is where the suspect is observed by the eyewitness in a naturally occurring group setting, such as in public, to see if the eyewitness can identify them without a formal lineup.
What is confrontation by an eyewitness, and how is it regulated?
Confrontation involves directly presenting the suspect to the eyewitness. The eyewitness must first be told that the person they are about to see may or may not be the person they saw
Why is the “pointing from the dock” method of identification not allowed?
Because it is inherently suggestive and risks biasing the witness, this courtroom identification is not permitted under UK identification procedures.
Why is confrontation considered the weakest form of identification evidence?
Because it lacks the procedural safeguards of other methods like video identification or parades, making it more prone to error or influence.
What procedural safeguard enhances the reliability of identification parades?
Ensuring that the people in the parade closely resemble the suspect helps prevent suggestive identification and strengthens the evidential value of the process.
Among the four identification methods, which are generally considered the most robust and why?
Video identification and formal identification parades are considered most reliable due to their structured and standardised approach, reducing the chance of suggestibility or error.
What type of identification procedure is used when a suspect is not yet known to the police?
If the suspect is unknown, the police may conduct a street identification, where the witness is taken to a location to see if they can identify the perpetrator among people in the area.
When is a formal identification procedure required once a suspect is known and available?
If the suspect denies committing the offence and identity is in dispute, the police must carry out an ID procedure, such as a video ID or identification parade, unless it would serve no useful purpose.
What is the most commonly used identification method when a suspect is known and available? Why?
Video identification is most commonly used because it is more practical and quicker to arrange than a live identification parade.
What happens if a suspect is known to the police but is not available (e.g., absconds)?
If the suspect is not physically present but the police have an image or recording of them, a video identification can still be conducted using that material.
What type of identification procedure is used if a suspect refuses to cooperate or participate?
If the suspect refuses to take part, the police may proceed with a confrontation ID, where the eyewitness is shown the suspect directly and asked whether they recognize them as the offender.
What legal threshold must be met before conducting an ID procedure if the suspect is known and disputes involvement?
The identification procedure must be conducted unless it can be shown that holding it would not serve a useful purpose—for instance, where ID is not genuinely in issue.
What term describes a suspect whose identity is established and who is physically present or in custody?
The suspect is considered “known and available” to the police, making a formal ID procedure necessary if identity is disputed
How does confrontation differ from other ID procedures like parades or video IDs?
Confrontation involves the eyewitness directly viewing the suspect in person, often used when the suspect refuses to cooperate with standard ID procedures. It is considered a less robust form of evidence.
What is the minimum rank required for an officer to act as the identification officer in an identification procedure under Code D?
The identification officer must be of at least the rank of inspector, in accordance with PACE Code D, paragraph 3.11.
What should a defence solicitor do where no identification procedure has been held, but eyewitnesses claim prior recognition of the defendant?
The solicitor should challenge the admissibility of the identification evidence under section 78 of PACE 1984. If the judge allows it, they must direct the jury that the defendant was denied the safeguard of an identification procedure. Failure to do so may render a conviction unsafe
What is the correct procedure for identification once a suspect is known and available, and how should a solicitor respond to a confrontation identification?
Once a suspect is known and available, only a video identification, identification parade, or group identification should be used. A confrontation is not permissible in these circumstances, and the solicitor should seek to exclude the evidence on this basis.
