Identification and Code D

• The TURNBALL guidelines (1977) stipulated that, where a case relies wholly or substantially on the correctness of one or more identifications of the accused, the judge should advise the jury of what five points?

  1.caution is required to avoid injustice;

  2. An honest witness who is convinced they are right, may be wrong;

  3. A convincing witness may still be wrong;

  4. More than one witness may be wrong;

  5. A witness who recognises the defendant, even where the defendant is known to the witness, may be wrong

  
• Under the TURNBALL guidelines (1977) what circumstances should a judge advise the jury to consider?

  1.the length of time the accused was observed by the witness;

  2. the distance of this observation;

  3. light conditions;

  4. the length of time elapsed between first observation and identification to police
• TURNBALL guidelines and which PACE code govern identification?

  Code D
• True or false: witness evidence that the defendant stabbed someone does not need to follow TURNBALL guidance?

  True - this is not identifying the defendant, but identifying their actions, so TURNBALL is not needed
• Where a witness cannot identify the defendant, what other evidence can they contribute?

  A description of the offender, or of what they were wearing
• Which two different approaches does Code D take to identifying offenders?

  1.Where suspect is known;

  2. Where suspect is unknown
• Within situations where the suspect is known, which two situations arise?

  1.Suspect is available;

  2. Suspect is unavailable
• If consent is required for a process under Code D, how is it gained from someone who is mentally disordered or vulnerable?

  In the presence of an appropriate adult
• If consent is required for a process under Code D, how is it gained for a juvenile?

  A juvenile's consent is only valid if their parent's or guardian's consent is also obtained. If the juvenile is under 14, the consent of the parent or guardian alone is sufficient in its own right
• What is the process for obtaining consent from visually impaired suspects or those who are unable to read?

  A representative can sign police documents on their behalf
• Who gives consent on behalf of a juvenile suspect in the care of the local authority?

  The organisation
• Where a suspect is a juvenile and their parent or guardian is not present, and an appropriate adult is, what must they be told?

  The exact same information that the juvenile and their appropriate adult is, regarding the procedure and the juvenile's suspected involvement in the offence
• A record should be made of the description of the suspect as first given by witness, which must... what?

  1.be given to suspect or their solicitor;

  2. be made before the witness takes part in any identification procedures
• What three methods does eye-witness identification involve?

  Video identification; identification parade and group identification
• What kind of identification may take place if suspect's identity is unknown?

  Street identification - witness taken to particular place and observes people there
• A record should be made of the witness's description before identification is attempted.
• Before and during street identification, the witness should not be provided with a description of the suspect or photos.
• During street identification, the witness's attention should not be directed at any individual during identification. However, they may be asked to look in a certain direction or at a group of people
• During street identification, multiple witnesses should be kept separate.
• The accompanying officer in street identification must record the date, time and place of original occurrence as well as where identification occurs.
• If street identification is positive, it should be recorded how it occurred, the conditions at the time (e.g. distance, weather, light), and whether the witness's attention was directed and why.
• When street identification is done, a record should include anything said by the witness or suspect.
• Where suspect is known to police and available, what three identification methods may be available?

  Video identification, identification parade, or group identification
• What conditions may impede video identification and make it unviable?

  Where the identification officer, in consultation with the OIC, is satisfied that physical changes since the incident have rendered the suspect's appearance too different
• What happens if a suspect's appearance has changed too much for video identification?

  Identification officer and OIC will use an image or video that they reasonably believe shows the appearance of the suspect at the time of the incident
• What rank is responsible for identification procedures?

  An officer not below Inspector - who is not involved in the investigation. They may delegate tasks to other officers, who are also not involved in the investigation
• In what three circumstances are identification procedures necessary?

  1.Witness has identified a suspect or purported to have done so, OR

  2. A witness is available who expresses an ability to identify the suspect, OR

  3. There is a reasonable chance of witness being able to identify suspect.

  - Where suspect disputes being the person the witness observed during the offence
• Identification procedures must take place to assist the defence as well as the prosecution.
• What is an example of a "reasonable step" that should be taken when considering one form of identification procedure, before moving on to considering an alternative?

  Suspect's solicitor offering to find volunteers to participate in identification parade
• Even if there is no dispute over suspect identity, how can Code D be applied?

  Suspect still has right to identification procedure, even where there is no dispute over identity. For example, when dispute over identity may reasonably be anticipated
• When may an identification parade, or other procedure, not be of any use?

  When the witness can only describe clothing that was worn, and not suspect's features
• What are some examples of physical changes that identification officer may want to consider?

  Hair style and colour; weight; facial hair; glasses; tinted contact lenses; facial injuries; tattoos; make-up
• Even if suspect does not request identification procedure, police must still consider one
• A suspect will initially be asked to participate in video identification, UNLESS what?

  1.Video identification is not practicable OR

  2. Identification parade is both more practicable and more suitable
• What happens if a suspect refuses to take part in the initial identification procedure?

  They will be asked to state their reasons for refusing; they may get advice from their solicitor and/ or appropriate adult, who will make representations about why another identification procedure should be used. A record of refusal, reasons and representations should be made
• What should be explained to suspect, in a notice, before ID?

  1.Purpose of procedure;

  2. Entitled to free legal advice;

  3. Right to have solicitor or friend present;

  4. Do not have to consent or cooperate;

  5. Refusal to consent/ cooperate may be given in evidence and police may pursue covert methods.
• What should be explained to suspect, in a notice, before ID?

  6. For video ID, suspect may provide further, suitable images, including their own images;

  7. special arrangements for juveniles;

  8. special arrangements for mentally vulnerable;

  9. Significant changes to appearance between offer and procedure may be given in evidence and alternative identification method considered;

  10. Image of them may be taken when they attend procedure.
• What should be explained to suspect, in a notice, before ID?

  11. Whether witness shown image of likeness or not before procedure;

  12. If they change their appearance before identity parade, it may not be practicable to continue and alternative method may be considered;

  13. They or their solicitor will be given description given by witness of the suspect
• How must the suspect notice be given to them?

  In writing, then they should be given reasonable opportunity to read it, then sign it to indicate they are willing to cooperate
• What identification methods are available where the suspect is known but not available?

  Video identification may still work, with any suitable images obtained - even those obtained covertly. Group identification, which doesn't require suspect's consent. Witness may confront suspect, which doesn't require suspect's consent.