Learning Outcomes
After reading this article, you will be able to identify when police must hold an identification procedure under PACE Code D, explain the main types of procedure, and advise clients on their rights and options at the police station. You will also be able to spot common exceptions, understand the legal adviser's role, and apply these principles to SQE1-style scenarios.
SQE1 Syllabus
For SQE1, you are required to understand the rules and practical application of identification procedures at the police station. In your revision, focus on:
- the legal triggers for holding an identification procedure under PACE 1984 and Code D
- the main types of identification procedures and their key features
- the exceptions to the requirement to hold a procedure
- the legal adviser's role in advising and protecting the client's rights during identification procedures
- the consequences of refusing to participate and the impact on evidence admissibility
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- Under what circumstances must the police hold an identification procedure for a suspect?
- What are the four main types of identification procedures recognised by PACE Code D?
- Name two situations where an identification procedure is not required, even if a witness claims to recognise the suspect.
- What is the legal adviser's role when a client is asked to participate in an identification procedure?
Introduction
When a client is arrested or attends the police station as a suspect, identification evidence can be decisive. The law sets strict rules for when police must hold an identification procedure, how it must be conducted, and how legal advisers should protect the client's rights. For SQE1, you must know the triggers for holding a procedure, the main types, the exceptions, and the adviser's duties.
When Must an Identification Procedure Be Held?
PACE 1984 Code D sets out when police are required to arrange an identification procedure. The main trigger is when there is a dispute about whether the suspect is the person seen by a witness during the commission of the offence.
Key Term: identification procedure
A formal process in which a witness is asked to identify a suspect from a group of people or images, following strict rules to ensure fairness.
Police must hold an identification procedure as soon as practicable if:
- a witness claims to have identified or can identify a suspect, and
- the suspect disputes being the person seen, or
- there is a reasonable chance a witness could identify the suspect.
This applies whether or not the suspect is under arrest or in custody.
Key Term: PACE Code D
The Code of Practice under the Police and Criminal Evidence Act 1984 governing identification procedures and related safeguards for suspects.
Worked Example 1.1
Scenario:
A witness to a robbery tells police she could identify the robber if she saw him again. The police arrest a suspect who denies involvement.
Answer:
The police must arrange an identification procedure as soon as practicable, as there is a witness who claims she can identify the suspect and the suspect disputes being the person seen.
Exceptions: When a Procedure Is Not Required
There are important exceptions where an identification procedure is not needed, even if a witness claims to recognise the suspect. These include:
- where it is not practicable to hold a procedure (e.g., the witness is unavailable)
- where the suspect's identity is not in dispute (e.g., the suspect admits being present and the witness's account matches)
- where the witness already knows the suspect well (e.g., family, close friends, or regular associates)
Key Term: known to the witness
A situation where the witness is already familiar with the suspect, making a formal identification procedure unnecessary.Key Term: not practicable
Circumstances where it is impossible or unreasonable to arrange a formal identification procedure, such as lack of available witnesses or urgent operational reasons.
Worked Example 1.2
Scenario:
A shop assistant is assaulted by her ex-partner, whom she has known for years. The ex-partner is arrested and denies the assault.
Answer:
No identification procedure is required. The witness already knows the suspect well, so a formal procedure would serve no useful purpose.
Types of Identification Procedures
PACE Code D recognises four main types of identification procedures:
- Video Identification:
The witness views a video containing the suspect and at least eight others of similar appearance. - Identification Parade:
The suspect stands in a line with at least eight others who resemble them. The witness views the line, usually through a screen. - Group Identification:
The suspect is observed by the witness in a group of people in a public place or informal setting. - Confrontation:
The witness is brought face-to-face with the suspect, used only when other procedures are impracticable.
Key Term: video identification
A procedure where a witness is shown moving or still images of the suspect and others of similar appearance to test their ability to identify the suspect.Key Term: identification parade
A live lineup in which the suspect stands with others of similar appearance for the witness to view.Key Term: group identification
A procedure where the suspect is seen by the witness among a group of people in an informal setting, such as a shopping centre.Key Term: confrontation
A direct meeting between the witness and the suspect, used only as a last resort when other procedures are not possible.
Worked Example 1.3
Scenario:
Police arrest a suspect who refuses to take part in a video identification or parade. The witness is available and willing to attend.
Answer:
The police may arrange a group identification or, if that is not practicable, a confrontation. The suspect's refusal can be mentioned in court and may allow the police to use alternative procedures.
The Legal Adviser's Role
Legal advisers have a critical function in protecting the client's rights during identification procedures. Their main duties include:
- advising the client on whether to participate and explaining the consequences of refusal (such as adverse inferences)
- ensuring the procedure is conducted fairly and in accordance with Code D
- checking that the images or lineup members are sufficiently similar to the client
- ensuring the witness and client do not see each other before the procedure
- making sure any objections or irregularities are recorded
- attending the procedure where possible to observe and intervene if necessary
Key Term: adverse inference
A negative conclusion that may be drawn by the court if a suspect refuses to participate in an identification procedure without good reason.
Exam Warning
If a client refuses to participate in an identification procedure without a valid reason, the court may allow the police to use alternative methods and may permit the prosecution to comment on the refusal at trial.
Consequences of Refusing to Participate
If a suspect refuses to take part in an identification procedure, the police may:
- use alternative procedures (e.g., group identification or confrontation)
- mention the refusal in court, which may be used as evidence of consciousness of guilt
- proceed covertly, such as using images taken without the suspect's knowledge
Legal advisers should warn clients that refusal can have negative consequences and should only be advised if there is a clear legal or tactical reason.
Practical Safeguards and Common Pitfalls
Legal advisers should always:
- check that the procedure is conducted by an independent officer not involved in the investigation
- ensure the initial description given by the witness is disclosed and compared to the client's appearance
- confirm that witnesses are kept apart and do not discuss the case before or after the procedure
- object if the lineup or images are not sufficiently similar to the client
Revision Tip
Always ask for the initial witness description and compare it to your client's appearance. If there are significant differences, raise this before the procedure.
Summary
| Identification Procedure | Trigger for Holding | Main Features | Exceptions |
|---|---|---|---|
| Video Identification | Disputed identity, witness can identify | Images of suspect + 8+ foils | Not practicable, witness knows suspect |
| Identification Parade | Disputed identity, witness can identify | Live lineup, suspect + 8+ foils | Not practicable, witness knows suspect |
| Group Identification | Suspect refuses other procedures or not practicable | Suspect in group in public | Not practicable |
| Confrontation | All other procedures not possible | Face-to-face meeting | Only as last resort |
Key Point Checklist
This article has covered the following key knowledge points:
- The police must hold an identification procedure if a witness can identify a suspect and the suspect disputes being the person seen.
- Main types of identification procedure are video identification, identification parade, group identification, and confrontation.
- Exceptions include cases where the witness already knows the suspect well, or where it is not practicable to hold a procedure.
- Legal advisers must advise clients on participation, ensure fairness, and record any objections or irregularities.
- Refusal to participate can lead to adverse inferences and the use of alternative procedures.
Key Terms and Concepts
- identification procedure
- PACE Code D
- known to the witness
- not practicable
- video identification
- identification parade
- group identification
- confrontation
- adverse inference
