Criminal Litigation
Bail and Allocation
Turnbull Guidelines
i/ds suspect informally
i/ds suspect at identification procedure
recognises defendant
Process of Identification
Judge must direct the jury to evaluate the quality of the judgment
1. length of observation
2. distance
3. lighting – daylight or night?
4. Conditions – foggy? Obstruct the witnesses view?
5. how much “face” was seen – how much of the description match the defendant’s
appearance
Identification procedures are governed by Code D of the codes of practice under PACE.
Code D part 3 –
The situation after a crime is committed is most easily considered by considering two situations:
o if the identity of the suspect is not known (Code D 3.2) the code allows an eye witness
to be taken to the neighbourhood or place to see if they can see the offender,
o or to be shown photos or other visual images to see whether they can recognise the
offender – there’ll be a bank of photos of known offenders.
These processes must comply with part 3 of code D. If a positive identification is made then no
other witnesses should be shown photographs; instead identification processes should be
followed which apply where the identity of the suspect is known.
Where the identity of the suspect is known (Code D 3.4), and the suspect is available – by arrest or
invitation – within a reasonably short period of time; if willing, the suspect should be asked to take
part in a video identification, identification parade, or group identification if practicable to arrange.
W sees D commit a crime – what happens next?
Do the police know the suspect?
No – take W to area where offence committed
Yes – arrange i/d procedure
video identification is the usual means of identification
Identification Procedures
1. Video identification
2. Identification parade
3. Group Identification
We have the various identification procedures to ensure that the witness’ purported identification of
the suspect is as reliable as possible.
1
, PACE Code D – para 3.4 – if a suspect is available a video identification, identification parade, or
group identification may be used.
Confrontation ID by a witness – (D3.23) a very poor form of identification process sometimes
used in the past where it has been impossible to hold one of the first three – often because of
refusal by the suspect / the suspect is known but not available. Even where ordered by a
judge, the holding of a confrontation ID has been criticised by the CA, indicating that the ID
should have been excluded.
Where there is a refusal to comply with ID procedures a group ID might be organised, or if a
mugshot detention photo is available, then that can be used in the form of a video ID with
static images rather than the usual moving / turning images which are used. Consent in such a
case can be overridden under the code (D3.21).
When should i/d be carried out?
Where W can i/d suspect OR W thinks he can i/d suspect S and S disputes being the person W claims
to have seen
Code D para 3.12 – sets out the circumstances in which such identification procedures must be held:
Where an eye witness has identified or purported to identify a suspect; or there is a witness
who expresses an ability to identify the suspect;
or where there is a reasonable chance of the witness being able to identify the suspect; and
the suspect disputes being the person the witness claims to have seen;
an identification procedure (one of the three mentioned) must be held unless it is not
practicable to do so, or would serve no useful purpose in proving or disproving whether the
suspect was involved in committing the offence.
Vis – [example of serving no useful purpose … witness sees a suspect after the incident, when the
suspect is held be the police – then the ID would serve no useful purpose].
Protection Against Mistaken Identification
Code D para 1.2 – test witnesses ability to i/d suspect and provide safeguards against mistaken i/ds
Para 1.2 of code D gives an overview of the purpose of ID procedures. It indicates that the id
processes are designed to test the witnesses ability to identify the suspect as the person they saw on
a previous occasion, and provide safeguards against mistaken identification.
Procedure
Para 3.12 – way in which procedures should be held
1. Identification Officer
2. Not involved in the investigation
Para 3.11 of code D states that no police officer involved in the investigation of the case may act in
the procedures, and the ID officer will be independent of the case.
Before the ID procedure takes place the ID officer will explain to the suspect:
1. the purpose of the procedure,
2. the entitlement to free legal advice,
3. the procedure involved and
2
Bail and Allocation
Turnbull Guidelines
i/ds suspect informally
i/ds suspect at identification procedure
recognises defendant
Process of Identification
Judge must direct the jury to evaluate the quality of the judgment
1. length of observation
2. distance
3. lighting – daylight or night?
4. Conditions – foggy? Obstruct the witnesses view?
5. how much “face” was seen – how much of the description match the defendant’s
appearance
Identification procedures are governed by Code D of the codes of practice under PACE.
Code D part 3 –
The situation after a crime is committed is most easily considered by considering two situations:
o if the identity of the suspect is not known (Code D 3.2) the code allows an eye witness
to be taken to the neighbourhood or place to see if they can see the offender,
o or to be shown photos or other visual images to see whether they can recognise the
offender – there’ll be a bank of photos of known offenders.
These processes must comply with part 3 of code D. If a positive identification is made then no
other witnesses should be shown photographs; instead identification processes should be
followed which apply where the identity of the suspect is known.
Where the identity of the suspect is known (Code D 3.4), and the suspect is available – by arrest or
invitation – within a reasonably short period of time; if willing, the suspect should be asked to take
part in a video identification, identification parade, or group identification if practicable to arrange.
W sees D commit a crime – what happens next?
Do the police know the suspect?
No – take W to area where offence committed
Yes – arrange i/d procedure
video identification is the usual means of identification
Identification Procedures
1. Video identification
2. Identification parade
3. Group Identification
We have the various identification procedures to ensure that the witness’ purported identification of
the suspect is as reliable as possible.
1
, PACE Code D – para 3.4 – if a suspect is available a video identification, identification parade, or
group identification may be used.
Confrontation ID by a witness – (D3.23) a very poor form of identification process sometimes
used in the past where it has been impossible to hold one of the first three – often because of
refusal by the suspect / the suspect is known but not available. Even where ordered by a
judge, the holding of a confrontation ID has been criticised by the CA, indicating that the ID
should have been excluded.
Where there is a refusal to comply with ID procedures a group ID might be organised, or if a
mugshot detention photo is available, then that can be used in the form of a video ID with
static images rather than the usual moving / turning images which are used. Consent in such a
case can be overridden under the code (D3.21).
When should i/d be carried out?
Where W can i/d suspect OR W thinks he can i/d suspect S and S disputes being the person W claims
to have seen
Code D para 3.12 – sets out the circumstances in which such identification procedures must be held:
Where an eye witness has identified or purported to identify a suspect; or there is a witness
who expresses an ability to identify the suspect;
or where there is a reasonable chance of the witness being able to identify the suspect; and
the suspect disputes being the person the witness claims to have seen;
an identification procedure (one of the three mentioned) must be held unless it is not
practicable to do so, or would serve no useful purpose in proving or disproving whether the
suspect was involved in committing the offence.
Vis – [example of serving no useful purpose … witness sees a suspect after the incident, when the
suspect is held be the police – then the ID would serve no useful purpose].
Protection Against Mistaken Identification
Code D para 1.2 – test witnesses ability to i/d suspect and provide safeguards against mistaken i/ds
Para 1.2 of code D gives an overview of the purpose of ID procedures. It indicates that the id
processes are designed to test the witnesses ability to identify the suspect as the person they saw on
a previous occasion, and provide safeguards against mistaken identification.
Procedure
Para 3.12 – way in which procedures should be held
1. Identification Officer
2. Not involved in the investigation
Para 3.11 of code D states that no police officer involved in the investigation of the case may act in
the procedures, and the ID officer will be independent of the case.
Before the ID procedure takes place the ID officer will explain to the suspect:
1. the purpose of the procedure,
2. the entitlement to free legal advice,
3. the procedure involved and
2
