Different types of identification procedure

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Different Types of Identification Procedure

Identification procedures are essential in criminal investigations to confirm the identity of suspects. These procedures are conducted under strict guidelines to ensure fairness and reliability, thereby safeguarding the rights of both suspects and witnesses. The Police and Criminal Evidence Act 1984 (PACE) and its Code D outline several formal methods for identifying suspects, each with specific protocols to minimize the risk of misidentification.

1. Video Identification

Video identification involves showing the witness a video lineup of the suspect along with several other individuals who have similar physical characteristics. This method is the preferred approach due to its controlled environment and the reduced stress for both the witness and the suspect. The key aspects include:

  • Procedure: A video lineup is created, typically with the suspect and at least eight other individuals (volunteers or pre-recorded images) who resemble the suspect.
  • Benefits: This method minimizes potential bias, as the witness views the lineup in a neutral setting without the influence of police officers or other external factors.
  • Documentation: The entire procedure, including the witness's selection and any statements made, is recorded for accuracy and transparency.

Example: Successful Use of Video Identification

In a case involving a theft from a local store, the witness identified the suspect from a video lineup that included eight similar-looking individuals. The process was conducted without any influence from law enforcement, and the identification was later upheld in court as reliable, leading to the suspect's conviction.

2. Identification Parade (Lineup)

An identification parade, or lineup, involves the physical presence of the suspect and other individuals who resemble the suspect in appearance. The witness views the lineup to identify the perpetrator. Key features include:

  • Setup: The suspect is placed in a lineup with a minimum of eight other individuals with similar physical characteristics.
  • Witness Interaction: The witness views the lineup, either directly or via a one-way mirror, to identify the suspect.
  • Legal Safeguards: The suspect has the right to legal representation during the parade to ensure the process is conducted fairly.

Case Law: R v Forbes [2001]

The case of *R v Forbes* [2001] emphasized the importance of conducting an identification parade when a suspect disputes their identification. The court held that failure to offer a lineup when identification is a key issue could lead to the exclusion of identification evidence, highlighting the procedure's significance in ensuring a fair trial.

3. Group Identification

Group identification involves placing the suspect in a group of people in a public or controlled setting without the witness being aware of the suspect's presence. This method is used when the other methods are impractical. Important aspects include:

  • Public or Controlled Setting: The group can be assembled in a natural public setting or a controlled environment where the suspect blends with others.
  • Witness Observation: The witness observes the group to identify the suspect without prior knowledge that the suspect is present.
  • Application: This method is typically used when the suspect cannot be easily isolated or when the witness cannot identify the suspect in a lineup or video.

4. Confrontation

Confrontation is a less preferred method due to its potential for suggestiveness. It involves a direct one-on-one presentation of the suspect to the witness. The main points are:

  • Direct Interaction: The witness is presented with a single individual (the suspect) for identification.
  • Usage: This method is generally avoided unless absolutely necessary, such as in situations where the suspect's identity is not in dispute, and other methods are impractical.
  • Risk of Bias: Due to the high potential for suggestiveness, this method is used with caution and under strict supervision.

Conclusion

The various identification procedures under PACE Code D serve as crucial tools in the criminal justice system, providing methods to accurately and fairly identify suspects. Each procedure, from video identification to confrontations, has specific guidelines and safeguards designed to protect against wrongful identification and ensure the rights of all parties are respected. The choice of identification method depends on the circumstances of the case and the practicalities involved, with a strong preference for methods that minimize stress and potential bias.

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