When an identification procedure must be held
Topic
When an Identification Procedure Must Be Held
Identification procedures are critical in criminal investigations where it is necessary to establish the identity of a suspect. Under the Police and Criminal Evidence Act 1984 (PACE) and the associated Code D, specific circumstances dictate when an identification procedure must be held. These procedures ensure that identification is conducted fairly and accurately, preventing misidentification and protecting the rights of suspects.
Circumstances Requiring an Identification Procedure
An identification procedure is generally required under the following circumstances:
- ★ Disputed Identity: An identification procedure must be held if the identity of the suspect is disputed, meaning the suspect denies being the person involved in the incident and the prosecution case relies significantly on identification evidence.
- ★ Identification by Witness: If a witness claims to have seen the perpetrator committing the offence and can identify them, an identification procedure is required to confirm or disprove the witness's identification.
- ★ Multiple Suspects: When there are multiple suspects, an identification procedure can help determine which, if any, were involved in the crime, ensuring each suspect's identity is properly tested.
- ★ Previous Identification Evidence: If a witness has previously identified a suspect informally, a formal identification procedure must be conducted to confirm the accuracy and reliability of that identification.
Case Law: R v Turnbull [1977]
The case of *R v Turnbull* [1977] set out guidelines for judges on how to approach identification evidence. It emphasized that whenever the prosecution case depends substantially on identification, the jury must be directed on the special need for caution, considering factors such as the quality of the identification, the conditions in which the witness saw the suspect, and the witness's reliability.
Types of Identification Procedures
The PACE Code D outlines several types of formal identification procedures, including:
- ★ Video Identification: A procedure where a witness views a video lineup of the suspect alongside similar-looking individuals (volunteers or images). This is the preferred method as it minimizes stress for both witnesses and suspects and reduces the risk of identification errors.
- ★ Identification Parade (Lineup): A live lineup where the witness views the suspect among a group of individuals with similar physical characteristics. This method requires the physical presence of the suspect and other participants.
- ★ Group Identification: An informal procedure where the suspect is observed in a group of people, such as in a public place, without the witness knowing the suspect is present. This method is less controlled and is generally used when other methods are impractical.
- ★ Confrontation: A direct one-on-one meeting between the witness and the suspect. This method is least preferred due to its high potential for bias and error.
Example: Use of Video Identification
In a case involving a robbery, the witness was shown a video lineup where the suspect appeared alongside several others with similar features. The witness identified the suspect with confidence, and the video identification was later upheld in court as reliable evidence, illustrating the effectiveness of this method in reducing bias and stress.
Legal Safeguards and Requirements
Code D of PACE sets out several safeguards to ensure the fairness of identification procedures:
- ★ Fairness and Neutrality: The procedure must be conducted in a manner that is fair and neutral, with no leading or suggestive influence on the witness.
- ★ Right to Legal Representation: The suspect has the right to have legal representation present during the identification procedure to observe its fairness and propriety.
- ★ Documentation: The process and results of the identification procedure must be thoroughly documented, including any comments made by the witness or suspect and any challenges to the procedure's fairness.
Conclusion
Identification procedures are a crucial aspect of criminal investigations, ensuring that the process of identifying suspects is conducted fairly and reliably. The rules and safeguards provided under PACE and Code D protect against wrongful identifications and ensure that evidence obtained is admissible in court. Proper adherence to these procedures is vital for maintaining the integrity of the criminal justice system and upholding the rights of individuals involved in the process.
