Advising clients at the police station - When identification procedures must be held

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Overview

Identification procedures play a key role in criminal investigations, balancing effective law enforcement with individual rights. For SQE1 FLK2 exam candidates, it's crucial to have a solid grasp of these procedures, guided by the Police and Criminal Evidence Act 1984 (PACE) Code D. This article delves into when identification procedures are necessary, the methods involved, the legal framework behind these processes, and the important role of legal advisers. Understanding these concepts is vital for future legal professionals to handle the complexities of criminal proceedings and ensure suspects are treated fairly within the justice system.

Legal Framework: PACE 1984 and Code D

The Police and Criminal Evidence Act 1984 and its associated Code D lay out the legal basis for identification procedures in England and Wales. This framework aims to:

  1. Ensure fairness in conducting identification procedures
  2. Protect suspects' rights
  3. Maintain the integrity of evidence gathered through these procedures

Key elements of Code D include:

  • Guidelines on when identification procedures are required
  • Protocols for different types of identification procedures
  • Requirements for informing suspects of their rights
  • Standards for record-keeping and documentation

Understanding this framework is essential for legal advisers to effectively guide clients through the identification process and identify potential breaches that could affect the admissibility of evidence.

When Identification Procedures Are Required

According to PACE Code D, paragraph 3.12, identification procedures are mandatory in these situations:

  1. When a witness has identified or thinks they have identified a suspect before any formal procedure.
  2. When a witness is available who can identify the suspect, or there is a reasonable chance they can.
  3. When a suspect disputes being the person the police want to interview about the offence.

These requirements apply whether the suspect is arrested, in custody, or not.

Exceptions to holding procedures (Paragraph 3.14):

  1. When it isn't practical to hold a procedure
  2. When the suspect's identity is not disputed
  3. When the suspect is known to the witnesses by sight

Legal advisers must ensure these exceptions are not misused, as bypassing identification procedures improperly can lead to challenges in court.

Types of Identification Procedures

PACE Code D outlines four main types of identification procedures:

  1. Video Identification

    • Involves showing the witness video clips, including one of the suspect
    • Requires at least eight other individuals who resemble the suspect
    • The suspect's legal representative can attend

  2. Identification Parade

    • The suspect stands in a line with at least eight others of similar appearance
    • The witness views the lineup, usually behind a one-way mirror
    • Strict guidelines on stand-ins and conduct

  3. Group Identification

    • The suspect is placed in an informal group setting
    • The witness observes the group, which may be stationary or moving
    • Useful in cases with multiple suspects

  4. Confrontation

    • Direct face-to-face meeting between the witness and suspect
    • Used as a last resort when other methods are impractical
    • Requires careful management to avoid undue influence

Example: In a robbery case with CCTV footage, video identification allows witnesses to view the footage alongside clips of similar-looking individuals, minimizing bias.

The Role of Legal Advisers

Legal advisers play an important role in guiding clients through identification procedures:

  1. Advising on Participation

    • Helping clients decide whether to participate in formal procedures
    • Explaining potential consequences of refusal

  2. Ensuring Procedural Fairness

    • Verifying procedures follow Code D
    • Objecting to any deviations from established protocols

  3. Protecting Client Rights

    • Ensuring clients are informed of their rights throughout
    • Advocating for clients' interests during procedures

  4. Documenting the Process

    • Keeping detailed records of the identification procedure
    • Noting irregularities that may form the basis for challenges

  5. Strategic Decision-Making

    • Advising on the most suitable type of identification procedure for the circumstances
    • Considering potential impacts on the overall defense strategy

Example: If a client with a strong alibi is asked to join an identification parade, the legal adviser might recommend refusal, focusing instead on the alibi.

Challenges and Best Practices

Legal advisers must be aware of several challenges in identification procedures:

  1. Reliability of Eyewitness Testimony

    • Memory changes and external influences
    • Cross-race identifications
    • Impact of stress on memory

  2. Procedural Irregularities

    • Improper lineup composition
    • Suggestive behavior by officers
    • Inadequate record-keeping

  3. Technological Challenges

    • Video quality in identifications
    • Concerns about digital manipulation

Best practices:

  • Interview clients thoroughly to gather all relevant information
  • Review evidence related to the identification procedure carefully
  • Challenge the admissibility of identification evidence if flawed
  • Ensure clients understand their rights and options
  • Stay updated on legal developments affecting identification procedures

Example: In a nighttime assault case, the legal adviser should assess lighting conditions during both the incident and procedure, considering its impact on reliability.

Conclusion

Understanding identification procedures under PACE 1984, Code D is crucial for SQE1 FLK2 candidates. Key points include:

  • Circumstances requiring identification procedures
  • The four main types of procedures and their use
  • The legal framework provided by PACE and Code D
  • The vital role of legal advisers in maintaining fairness and protecting client rights
  • Common challenges and best practices for addressing them

Understanding these elements prepares aspiring legal professionals for the complexities of identification procedures, ensuring fair treatment of suspects and effectively challenging procedural issues in court, which is essential for providing competent legal advice and representation in criminal cases.