Advising clients at the police station - Types of identification procedures

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Overview

Identification procedures are vital in criminal investigations, governed by the Police and Criminal Evidence Act 1984 (PACE) and Code D. For aspiring solicitors preparing for the SQE1 FLK2 exam, understanding these procedures is essential. This article covers various identification methods, their legal aspects, and the role of legal advisers in protecting clients' rights. Mastering this topic ensures fair procedures, challenges unreliable evidence, and provides strong legal representation in criminal cases.

Types of Identification Procedures

Video Identification

Video identification, a key method under PACE Code D, presents witnesses with video clips of the suspect among similar individuals.

Key Steps and Considerations

  1. Pre-Selection:

    • Include at least eight individuals in the video sequence.
    • Participants must resemble the suspect in age, height, appearance, and background.
    • The suspect's position is randomly selected.

  2. Viewing Process:

    • Witnesses view the sequence independently to prevent influence.
    • The sequence is shown at least twice, allowing for pausing, rewinding, or replaying as needed.
    • No commentary or leading questions are permitted.

  3. Documentation:

    • Keep detailed records, including video lineup composition and witness reactions.

Legal Aspects

Video identification evidence can be contested under Section 78 of PACE if procedures are not properly followed. In R v Forbes [2001] UKHL 40, the House of Lords highlighted the importance of strict compliance with Code D, indicating that deviations could render evidence inadmissible.

Example: Challenging Procedural Integrity

In R v Gojra [2010] EWCA Crim 1939, the Court of Appeal overturned a conviction due to video identification where the suspect was the only one wearing a specific item noted by the witness. This case shows the importance of ensuring the suspect doesn't stand out during identification.

Identification Parades

Also known as lineups, these involve the physical presence of the suspect among a group of similar individuals.

Key Requirements

  1. Composition:

    • Include at least eight individuals plus the suspect.
    • Participants should have similar physical traits and clothing.

  2. Procedural Safeguards:

    • The suspect chooses their position in the lineup.
    • Witnesses view the parade independently without communication.
    • Maintain a record of the parade with photographs.

Legal Considerations: The Turnbull Guidelines

R v Turnbull [1977] QB 224 established guidelines for evaluating the reliability of identification evidence, considering:

  • Observation time
  • Distance
  • Lighting conditions
  • Obstructions
  • Prior acquaintance
  • Time between observation and parade

Example: Addressing Procedural Issues

If a witness identifies a suspect but the legal adviser notices the suspect is uniquely identifiable in the lineup, this could challenge the identification under Section 78 of PACE for unfairness.

Group Identification

This involves observing a suspect in a natural setting among people, typically in public.

Procedural Guidelines

  1. Setting:

    • Choose a natural location, avoiding artificial setups.
    • Place the suspect among enough other people.

  2. Witness Instructions:

    • Clearly instruct witnesses not to communicate with each other.
    • Inform them that the suspect may or may not be present.

  3. Documentation:

    • Record details of the group composition and witness reactions.

Legal Aspects

In R v Fagbemi [1994] Crim LR 445, the Court of Appeal ruled that while group identifications are less formal, they must maintain fairness to avoid evidence exclusion under Section 78 of PACE.

Confrontation

Used as a last resort, this involves a direct meeting between the suspect and the witness.

Conditions for Use

  1. Last Resort:

    • Applied only when other methods are impractical.
    • Document reasons thoroughly.

  2. Procedural Safeguards:

    • Inform the suspect of their right to a solicitor.
    • Video record the confrontation if possible.

Legal Risks

Confrontations are risky and may be deemed unfair. In R v Greatbanks [1959] Crim LR 450, the court criticized confrontations for potential prejudice, suggesting their use only in exceptional cases.

Role of the Legal Adviser

Legal advisers safeguard the accused's rights and ensure the fairness of the identification process.

Pre-Procedure Counseling

Before any identification procedure, the adviser must counsel the client on:

  • The nature and potential impact of the procedure
  • The right to refuse participation and consequences
  • Strategies for challenging unfair procedures

During the Procedure

The adviser's presence is vital to ensure fairness. They must:

  • Observe the procedure closely
  • Immediately challenge any procedural errors
  • Document concerns regarding the procedure

Example: Ensuring Fairness

During video identification, if a witness struggles with viewing conditions, the adviser should address these issues immediately to ensure fairness.

Post-Procedure Analysis

Following the procedure, the adviser should evaluate:

  • Fairness and compliance with PACE guidelines
  • Identification reliability
  • Potential evidence admissibility in court

Conclusion

Understanding the legal framework of identification procedures is key for legal advisers in criminal law and SQE1 FLK2 candidates. Each method—video identification, parades, group identification, and confrontation—has specific requirements and challenges. Advisers must ensure fairness, protect clients' rights, and contest unreliable evidence.

Key points:

  1. Adhere strictly to PACE Code D for each procedure.
  2. Use Turnbull guidelines to evaluate evidence reliability.
  3. Maintain vigilance through all procedural stages.
  4. Procedural errors may challenge evidence admissibility under Section 78 of PACE.
  5. Use confrontation only as a last resort, due to its legal risks.

Proficiency in these areas is essential for effective advocacy in criminal cases and SQE1 FLK2 exam success.