Procedure for Carrying Out an Identification Procedure (PACE 1984, Code D)
Under the Police and Criminal Evidence Act 1984 (PACE) and its associated Code D, specific procedures are established for conducting identification procedures. These protocols ensure that identification is conducted fairly, accurately, and without bias, safeguarding the rights of suspects and maintaining the integrity of the investigation. The primary identification procedures include video identification, identification parades, group identification, and confrontations.
General Requirements for All Identification Procedures
Code D outlines several overarching principles that must be adhered to during any identification procedure:
- ★ Fairness and Neutrality: The procedure must be conducted in a manner that is fair and unbiased. The individuals conducting the identification must not suggest or indicate who the suspect is to the witness.
- ★ Right to Legal Representation: The suspect has the right to have a legal representative present during the procedure. If the suspect requests a solicitor and none is available, the procedure may be delayed unless urgent circumstances dictate otherwise.
- ★ Documentation and Record-Keeping: A comprehensive record of the procedure must be kept, including details of how the identification was conducted, the individuals involved, and any statements made by the witness or suspect.
- ★ Informed Consent: The suspect must be informed of the purpose of the identification procedure and the procedures that will be followed. They must also be informed of their rights, including the right to have a legal representative present.
Specific Procedures
1. Video Identification
Video identification is the preferred method under Code D and involves the following steps:
- ★ Selection of Images: A video lineup is compiled, including the suspect and at least eight other individuals who resemble the suspect in appearance.
- ★ Witness Viewing: The witness views the video lineup, usually under controlled conditions, without any indication of who the suspect is. The viewing is typically conducted via a computer or television screen.
- ★ Recording the Identification: The entire process, including the witness's identification or non-identification, is recorded. The witness's statements and any identification decisions are documented verbatim.
2. Identification Parade (Lineup)
An identification parade involves the physical presence of the suspect among other individuals:
- ★ Lineup Arrangement: The suspect stands in a lineup with at least eight other people who closely resemble them in appearance.
- ★ Witness Observation: The witness views the lineup, either through a one-way mirror or another suitable arrangement that prevents the witness from being seen by the participants.
- ★ Legal Representation and Documentation: The procedure is observed by the suspect's legal representative (if requested), and a full record of the procedure and outcomes is maintained.
3. Group Identification
Group identification is used when other methods are impractical:
- ★ Arrangement: The suspect is placed in a group of individuals in a public or controlled setting, where the witness is not aware of the suspect's presence.
- ★ Witness Viewing: The witness observes the group to identify the suspect. The procedure is conducted in a way that minimizes any potential for suggestion or bias.
- ★ Documentation: A detailed record is kept of the procedure, including any identification made by the witness and their statements.
4. Confrontation
Confrontation is a direct presentation of the suspect to the witness and is generally used only when other methods are not feasible:
- ★ Procedure: The witness is presented with the suspect alone and asked whether they recognize the person. This method is less preferred due to its potential suggestiveness.
- ★ Safeguards: Extra care is taken to ensure that the procedure is fair and that the witness is not influenced in any way. Legal representation and thorough documentation are critical.
Conclusion
The procedures outlined in PACE Code D for conducting identification procedures are designed to ensure accuracy and fairness, minimizing the risk of wrongful identification. Each method, from video identification to confrontation, is governed by strict protocols to protect the rights of the suspect and maintain the integrity of the criminal justice process. Adherence to these procedures is essential for ensuring that identification evidence is reliable and legally admissible in court.