Identification

Question 1

What are the 3 considerations when deciding on whether or not to conduct an identification parade?

Answer 1

1) If you suspect someone known to you has committed an offence and ID is an issue

2) Suspect is willing to participate in an ID parade

3) It is appropriate to hold ID parade considering fairness to the subject

Question 2

When should you NOT conduct an ID parade?

Answer 2

• Suspect refuses
• Appearance significantly different from time of offence
• Appearance so unique it would appear unfair
• Minor offences where importance of ID limited
• Suspect is personally known to witness
• Witness unwilling

Question 3

What are some critical issues in regards to procedures?

Answer 3

• Visual ID may be inadmissible unless ID parade conducted or there is a valid reason not to
• Consider defences such as contamination of witness or colluding
• Documents associated with ID parades must be treated as exhibits
• Investigating police are to have no part in ID parade
• Don’t conduct parade if suspect under 18 unless YP requests
• Stop ID parade if suspect/witness no longer wishes to participate
• All details needs to be recorded
• Inconvenience not a valid reason for failure to hold ID parade

Question 4

What should you consider before using a photo line-up for ID purposes?

Answer 4

• Don’t show photos suggesting people in custody
• Record in notebook why you resorted to photographs
• Don’t use merely because they are available/easier
• Use if POI refuses parade
• Use if POI doesn’t cooperation with parade
• Use if appearance of POI has changed since offence
• May use older photo of POI if appears differs from time of offence
• Use as many as possible – 20 minimum
• Use photographs that resemble the POI in age/appearance
• Do not infer anything to witness
• One witness to view at a time
• Tell witness POI may not be in photos