Identification

Identification evidence

In all criminal cases, the prosecution must prove the identity of the person alleged to have committed or participated in the commission of an offence.

There are numerous ways of doing this, eg through DNA or fingerprint evidence. One of the most important methods of identifying a suspect (and most regularly disputed) is through the visual identification of an eye-witness.

The law governing the visual identification of suspects is contained in the Police and Criminal Evidence Act 1984 (PACE 1984) Code of Practice D, known as PACE Code D.

The formal eye-witness identification procedures are:

  1. video identification

  2. identification parades

  3. group identification

  4. confrontation by an eye witness

  5. showing of photographs/visual images to an eye witness

PACE Code D expressly states that these procedures are designed to:

  1. test the witness’ ability to identify the suspect as the person they saw on a previous occasion, and

  2. to provide safeguards against mistaken identification

Under PACE Code D, a video identification will take priority, unless this method of identification is not practicable to arrange or the officer in charge ...

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