CLP: Identification Procedures

Question 1

What must the prosecution prove in every criminal trial?

Answer 1

That the person in the dock is responsible for committing the crime.

Question 2

Name three types of evidence that can help establish that the defendant committed the crime.

Answer 2

• DNA evidence
• Telephone evidence
• Fingerprint evidence

Question 3

What is visual identification from an eye-witness?

Answer 3

A method of proving that the defendant committed the crime through recognition by someone who saw the suspect.

Question 4

True or False: Mere descriptions of clothing or vehicles constitute visual identification evidence.

Answer 4

False

Question 5

Why is there a special need for caution regarding eyewitness identification?

Answer 5

Because experience shows that even honest witnesses can be mistaken.

Question 6

What led to a review of investigatory and trial procedures in the late 20th century?

Answer 6

A series of miscarriages of justice arising from inaccurate eyewitness testimony.

Question 7

What is the purpose of the Police and Criminal Evidence Act 1984 (PACE) Code of Practice D?

Answer 7

To protect innocent suspects and ensure reliable identification procedures.

Question 8

Under what conditions must an identification procedure be held according to Code D?

Answer 8

If an eye-witness has identified a suspect or can identify them, or if the suspect disputes being the person seen.

Question 9

List the types of identification procedures that may be used.

Answer 9

• Video identification
• Identification parade
• Group identification

Question 10

What happens if the suspect’s identity is known to the police?

Answer 10

Identification procedures like video identification or identification parade can be conducted.

Question 11

What is VIPER in the context of video identification?

Answer 11

Video Identification Parade Electronic Recording.

Question 12

What must be recorded during a video identification procedure?

Answer 12

• All persons present
• What the eye-witness says
• Instructions given to the eye-witness

Question 13

How many people must an identification parade consist of, including the suspect?

Answer 13

At least eight people.

Question 14

True or False: Witnesses are allowed to communicate with each other during identification procedures.

Answer 14

False

Question 15

What must the eye-witness be told before a confrontation takes place?

Answer 15

That the person they saw may or may not be the suspect.

Question 16

What is the consequence of breaching Code D during identification procedures?

Answer 16

Evidence may be excluded if it causes significant prejudice to the accused.

Question 17

What can a defendant do if evidence is obtained in breach of Code D?

Answer 17

Apply to exclude the evidence under s 78 PACE 1984.

Question 18

What should the trial judge consider if there is a breach of Code D?

Answer 18

Whether there has been significant prejudice to the accused.

Question 19

Fill in the blank: An identification procedure does not need to be held if it is not _____ or would serve no useful purpose.

Answer 19

practicable

Question 20

What is the role of the identification officer in the identification procedures?

Answer 20

Responsible for the arrangements and conduct of the eyewitness identification procedures.

Question 21

What happens if a suspect refuses to participate in a video identification procedure?

Answer 21

An alternative can be considered.

Question 22

What must happen immediately before a witness inspects the identification parade?

Answer 22

They must be told the person they saw may or may not be present.

Question 23

What is the primary goal of identification procedures according to Code D?

Answer 23

To make successful identifications as watertight and ‘challenge-proof’ as possible.

Question 24

What must be done if the suspect has an unusual physical feature during identification procedures?

Answer 24

Steps may be taken to conceal the feature on both the suspect and others.

Question 25

What is the requirement for witnesses during group identification?

Answer 25

Witnesses must not be able to communicate with each other.