Advising clients at the police station - Procedures for carrying out identification

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Overview

Identification procedures at police stations are essential in criminal investigations and trials. Governed by the Police and Criminal Evidence Act (PACE) 1984 and its Code D, these procedures ensure reliable evidence while safeguarding suspects' rights. For SQE1 FLK2 candidates, a thorough understanding of these procedures is vital for exam success and future legal practice. This article explores identification methods, their legal framework, and the role of legal advisers in maintaining procedural integrity and client protection.

Legal Framework: PACE 1984 and Code D

PACE 1984 and Code D set the guidelines for identification procedures, balancing effective law enforcement with individual rights protection. Key principles include:

  1. Fairness: Procedures must be unbiased and free from influence.
  2. Reliability: Methods should ensure dependable evidence.
  3. Consistency: Uniform application of procedures in all cases.
  4. Transparency: Detailed documentation is required for later review.
  5. Right to Legal Representation: Suspects are entitled to legal advice during procedures.

Understanding these principles is important for legal advisers, as they form the basis for potential challenges to identification evidence in court.

Types of Identification Procedures

Video Identification

Video identification has largely replaced traditional parades due to its efficiency and reduced participant stress.

Features:

  • Witnesses view video clips or images.
  • The suspect's image appears alongside at least eight others with similar characteristics.

Legal Considerations:

  • The suspect’s appearance should match that at the alleged offense time.
  • Distinctive features must be masked or replicated across participants.

Case Law: In R v Caldwell [1994] Crim LR 134, the Court of Appeal highlighted the need for similarity between the suspect and others in video lineups.

Identification Parades

While less common, parades are relevant when video identification isn’t practical.

Features:

  • The suspect stands with at least eight similar individuals.
  • Witnesses identify the suspect from the lineup.

Legal Considerations:

  • An independent officer conducts the parade.
  • Suspects can change position between different witness viewings.

Challenge: Ensuring fairness in lineup composition can be difficult, especially if the suspect has distinct features.

Group Identification

This method involves identifying the suspect in a more informal, public setting.

Features:

  • The suspect is among a group in a set location.
  • The witness identifies the suspect from this group.

Legal Considerations:

  • The group should not single out the suspect.
  • The officer must control the environment to prevent influence.

Application: Useful in cases involving nighttime offenses or when location is important for identification.

Confrontation

Confrontation is a direct identification method, used only as a last resort.

Features:

  • Witnesses directly view the suspect in person or through a one-way mirror.
  • Used sparingly due to its suggestive nature.

Legal Considerations:

  • Used only when other methods aren't feasible.
  • Requires detailed reasons for its use.

Pitfalls: Its suggestive nature makes it susceptible to court challenges.

Role of Legal Advisers in Identification Procedures

Legal advisers are key in protecting clients' rights and ensuring procedural integrity.

Responsibilities

  1. Pre-Procedure Consultation:

    • Explain the identification process to the client.
    • Advise on participation consequences.
    • Discuss any features affecting procedure fairness.

  2. Procedure Oversight:

    • Monitor the process to ensure Code D compliance.
    • Object to protocol deviations or unfair practices.
    • Protect the client’s rights throughout.

  3. Documentation:

    • Take thorough notes of the procedure, including objections.
    • Verify the accuracy of official records.
    • Gather information for challenging identification evidence.

  4. Post-Procedure Actions:

    • Debrief the client on outcomes.
    • Evaluate identification evidence strength.
    • Prepare for evidence admissibility challenges.

Advising on Video Identification

For a client with a facial scar during a robbery allegation:

  1. Explain the video process and the right to have the scar masked.
  2. Ensure all video participants share similar facial features or mask your client's scar.
  3. Review the lineup for fairness.
  4. Document any fairness concerns.
  5. Advise on the outcome's potential evidence challenges.

Challenging Identification Evidence

Knowing how to challenge identification evidence is vital for legal advisers.

Turnbull Guidelines

From R v Turnbull [1977] QB 224, these guidelines help assess identification evidence reliability.

Factors to consider:

  • Observation duration.
  • Distance from the suspect.
  • Lighting conditions.
  • Obstructions.
  • Prior knowledge of the suspect.
  • Time between observation and identification.

Example Using Turnbull Guidelines

In cases with brief observations under poor lighting from a distance, advisers might challenge reliability, citing observation duration, lighting, and distance.

Conclusion

Understanding identification procedures is essential for legal advisers in the criminal justice system. The complexities of PACE 1984 and Code D, combined with potential procedural errors, make this area subject to legal challenges. For SQE1 FLK2 exam candidates, a solid understanding of these procedures and the role of legal advisers is vital. This knowledge prepares students for exams and lays the groundwork for effective advocacy, ensuring fair client treatment and upholding procedure integrity.

Key points:

  1. Familiarize with PACE 1984 and Code D.
  2. Know the four main identification procedure types and requirements.
  3. Recognize legal advisers' role in ensuring fairness and protecting rights.
  4. Be ready to challenge evidence using the Turnbull guidelines.
  5. Keep thorough documentation.
  6. Stay updated on relevant case law for supporting challenges.