Identification Procedures Flashcards

A set of vocabulary flashcards based on the legal principles and rules for identification procedures under PACE 1984, Code D.

Code D

The specific code within PACE 1984 that contains the procedures the police must follow when obtaining identification evidence.

Eyewitness identification

An identification occurring when a witness who has seen the offender committing the crime is given an opportunity to identify a suspect in a video identification, identification parade, or similar procedure.

Paragraph 3.12 of Code D

The provision stating an identification procedure must be held if a witness has identified or thinks they can identify a suspect who disputes being the person seen, unless it is not practicable or serves no useful purpose.

R v Harris [2003]

A case where it was held that an identification procedure should have been held because the accused disputed the identification and disputed being known to the witness, despite the witness claiming they attended the same school.

H v DPP [2003]

A case where it was held that an identification procedure would serve no useful purpose because the victim had known his aggressor well for 18 months prior to the assault.

Video identification

A procedure under Annex A where a witness is shown moving images of a known suspect together with at least eight other people who resemble the suspect in age, general appearance, and position in life.

Identification parade

A procedure under Annex B where a witness sees the suspect in a line of at least eight other people who resemble the suspect in age, height, general appearance, and position in life.

Group identification

A procedure under Annex C where a witness sees the suspect in an informal group of people in a public place, such as a shopping centre or bus station.

Confrontation

A last-resort procedure under Annex D where a witness is brought face-to-face with a suspect in the police station.

Identification officer

An officer of at least the rank of inspector, not involved in the investigation, who is responsible for the conduct of identification procedures.

Annex E of Code D

The section governing the use of photographs for identification, requiring that a witness be shown at least 12 photographs at a time.

Adverse inference

A conclusion a court may draw from a suspect's refusal to take part in an identification procedure, suggesting the suspect feared they would be recognized.

Reasonable objection

The right of a suspect or solicitor to challenge the images or participants in a video identification or parade if they do not adequately resemble the suspect.

Discrepancies in description

Differences between the suspect's actual appearance and the record of the suspect's description as first given by the potential witness to the police.