Topic
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.
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:
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.
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:
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.
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:
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:
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.