CODE D

CODE D

1. Code D has set out the procedures to test the ability of an eye-witness in identifying the person suspected of involvement in an offence as the person they saw on the previous occasion

   • COMMON REQUIREMENT
     • The police shall make a record of the suspect’s description as first given by a potential witness and supplied to the defendant or his lawyer
       • SPECIFIC REQUIREMENTS
         • INFORMAL IP
           • Code D provides various informal IP that police can adopt when there are no known suspect - police don't know who the suspect is and have no information that they can use to arrest somebody other than the description given by the witness
             • Requirements for using informal procedure
               • police do not have a suspect who they got sufficient evidence to arrest
                 • 1. Street identification Procedure
                   • witness can be taken to a particular place to see whether they can identify or recognise the person they saw
                     • Requirements for the way in which this procedure should take place
                       • 1. police cannot direct witness’s attention to a person unless it is unavoidable
                         • eg. CANNOT suggest to witness a particular person who might be responsible
                         • eg. CAN ask witness whether he can recognise D
                         • 2. If there are more than one witness, they should be kept separated
                           • 3. police should keep detailed record of all circumstances of identification
                             • once the suspect is arrested, he became a 'known'' suspect,
                               • 1. POLICE IS NOT ALLOWED TO CARRY OUT ANY INFORMAL IP ANYMORE
                                 • If D denied being the person responsible,
                                   • 2. POLICE MUST CARRY OUT FORMAL IP
                                     • In situation where there has been an informal IP but the police then decided not to go on to carry out formal IP
                                       • Forbes
                                         • Current position: HOL ruled that even though there has been a complete informal IP where D has been identified, formal IP is still required and police must go on to have a formal IP after arrest.
                                           • Forbes is now summarised in para 3.12 Code D
                                             • where you have a suspect who is known or available to take part and deny identification, then there must be a formal IP carried out by the police
                                     • EXCEPTIONS: SITUATIONS WHERE CODE D DOESN'T APPLY (FORMAL IP IS NOT REQUIRED)
                                       • 1. Continuous ID from offence to arrest
                                         • police was at the scene when the crime was committed and the police chased after D when he ran away from the scene
                                       • 2. Description not identification
                                         • code D specifically dealt with facial identification only
                                           • Oscar
                                             • FACTS: Witness saw a man trying to burgled a house. He couldn’t see his face but saw him wearing a very distinctive clothing. After he informed the police, the police did not carry out formal IP.
                                               • HELD: Code D does not apply and the description was admissible.
                                       • 3. Witness is unable to make an identification
                                         • when the witness did not see the face of the person at all
                                           • Nicholson
                                             • FACT: V was seriously injured and the attack came from behind so he couldn't see the face of the person. D asked for an IP but the police refused to.
                                               • HELD: CA held formal IP was not required in this type of situation. There is no point because the witness did not see his face anyway.
                                       • 4. Recognition
                                         • pure recognition
                                           • where the witness knew D very well eg. knew the suspect since long time ago, neighbour
                                             • Code D says if the IP would serve no purpose, then there is no need to hold a formal IP even if D disputed the IE
                                               • EXCEPTION: partial recognition
                                                 • witness might have seen them before but not sure (not a complete stranger)
                                       • 5. D admits presence but disputes involvement
                                         • where D admits presence at the scene but deny being involved in the physical commission of the offence
                                           • it is purely a question of what the involvement was and how they were involved, but not identification
                                             • Hope, Limburne and Bleasdale
                                               • FACTS: 3 Ds involved in a violent attack. V identified Hope as being one of the attackers. H admitted being at the scene but denied the assault.
                                                 • HELD: Identification was not in dispute and the issue in his case was what he had or had not done
                 • 2. Photographs
                   • police can show the witness albums of photographs of who are/have been involved in criminal activity, to see if they can identify anyone who looks like the person they saw
                     • Requirements for the way in which this procedure should take place
                       • 1. once police have the reasonable course (have sufficient information), they must go on to arrest that person & should not show anymore photographs to the witness
                         • 2. witness must be shown at least 12 photos ‘as far as possible’ of a similar type - the person looks similar to the description
                           • 3. if there are more than one witness, the witnesses should not be allowed to communicate
                             • 4. witness should not be prompted or guided by the police
                               • eg. CANNOT tell the witness whether the person may or may not be there
                   • Code D Annex E
         • FORMAL IP
           • where you have a suspect who is both known and available, police must hold a formal IP where D denies they are responsible for having committed the offence or they deny the identification of them is correct
             • Requirements for using formal procedure
               • 1. police must obtain suspect’s consent to take part in the procedure
                 • applicable in
                   • 1. Video IP
                     • Code D Annex A
                     • where the witness is shown a number of video images taping the suspect and other videos with persons who look like the suspect
                       • Requirements police has to undergo to carry out this procedure
                         • 1. Procedure must be conducted by a senior police officer (usually at the range of inspector) who is independent of the investigation
                           • 2. the actual police office who were involved in the investigation are not allowed to take part in the IP
                             • 3. at least 8 other people who, so far as possible, resemble S in age, general appearance and position in life and doing similar actions
                               • eg. if suspect is sitting, all the other persons should be sitting too
                               • 4. any unusual physical features should be concealed or replicated
                                 • police should try to find people who look the same, any unusual features should be hidden if possible or try to find video captures of people with similar features
                                 • 5. should ensure D’s representative is there if they wish to do so, if the representative cant attend, they should be told about what happened and full record should be kept of what happened and given to them
                                   • 6. if more than one witness taking part in the video identification, all the witness should be separated
                   • 2. Identification parade
                     • Code D Annex B
                     • where the police put the suspect in a line up with other persons who look similar to the suspect and ask the witness whether he can identify the person who committed the crime
                       • Requirements police has to undergo to carry out this procedure
                         • + 7. the process should be recorded
                   • 3. Group identification
                     • Code D Annex C
                     • where the police take the witness & the suspect to a particular location (normally public place), the suspect will be asked to wander around and the witness will be asked whether they see someone they can recognise
                       • Requirements police has to undergo to carry out this procedure
                         • 1. Procedure must be conducted by a senior police officer (usually at the range of inspector) who is independent of the investigation
                           • 2. cannot be used on suspect who might represent some kind of risk to the public
                 • not applicable in
                   • 4. Confrontations
                     • where the suspect is put into a room in the police station and the witness is brought into the room and asked whether the person in front of them is the person responsible
                       • Requirements police has to undergo to carry out this procedure
                         • 1. Procedure must be conducted by a senior police officer (usually at the range of inspector) who is independent of the investigation
                 • 2. The first procedure police should considered doing is video IP. Only if it is considered as impracticable, police can move on to IP. If IP is impracticable, can move to GP. Confrontation should be the last resort