Identification Evidence: Means of Identification

Which Code of PACE sets out procedure to be followed?

Code D

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What method is the preferred one, and why?

Video ID. Saves time and money - video of suspect + 8 similar looking people is compiled at a central body location + sent back to police force

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Find part of PACE Code D which refers to when an ID procedure must be held

Para 3.11 - 3.13

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Which case stated that ID procedure isn't needed if witness IDs culprit by circumstantial evidence?

Parry v DPP (yellow pullover, car registration number)

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What will be the consequence of a failure to comply with Code D?

Exclusion of evidence under s.78 PACE

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In which case was the conviction quashed because there was a failure to hold an ID parade + judge failed to warn jury about failure to do so?

Gojra

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What are the 2 overall purposes of Code D?

Fair procedures + getting reliable ID evidence

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Which case described Code D as a very practical document, and that para. 3.12 imposes a mandatory obligation to which there are no exceptions?

Forbes

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What case did Forbes overturn? Which case did Forbes reaffirm?

Popat. Forbes reaffirms a literal reading of Code D. Nicholson (affirmed)

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Where was there no obligation to hold an ID parade?

Nicholson: because witness was unable to make ID (and still no duty even though D asked for a parade, as he wanted to rely on this non-recognition evidence)

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What situation did Forbes say it would be futile to order an ID parade?

Where there is pure recognition of someone well-known to witness

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What are the 2 key questions which arise when witness claims to know suspect, but suspect denies this (with reference to whether there should be an ID parade)?

France and Vassell: would parade make a contribution? Would failure to hold parade = serious miscarriage of justice?

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Are dock identifications permissible?

Yes (although not generally approved) - also preferable if witness has already identified D at ID parade (Fergus)

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In what case were the dangers of dock IDs stated?

Holland v HM Advocate

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What dangers of dock IDs were cited in Holland?

Lacks safeguards that come with ID parade, increases risk of wrong identification due to fact that accused is IN DOCK,

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Do the strict requirements on ID parades (and thus negative approach to dock IDs) apply to all courts?

Yes: Forbes

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Can witnesses be shown photos in order to identify a suspect?

Yes (Code D, para 3.3)

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Should the jury be told that witness has viewed a rogue's gallery and picked out D?

Generally no, because it is too prejudicial - but might be used where D otherwise refuses to participate in ID procedure or suggestion by D that ID was a mistake (Campbell)

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Can D be convicted on basis of clear photos used by jury to compare with D sitting in dock?

Yes: AG's Reference (No 2 of 2002)

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Can D be convicted on basis of photos where a witness can testify to offender being the person in the photo? (even if photo is no longer available)

Yes: AG's Reference (No 2 of 2002)

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In which case were there issues caused by ID through use of social media?

Alexander and McGill (proper records should be kept, jury should have access to relevant Facebook pages)

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Other types of ID

Fingerprinting, ear printing (cases on both in opinion notes)

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Which case confirmed that a special warning is required where there are lipreaders identifying words spoken?

Luttrell

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In which case was the court encouraging of new methods of crime detection? (such as facial mapping)

Clarke

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But in which case did the court sound a word of caution over use of facial mapping (as it just based on subjective opinion rather than being based on statistical database)?

Gray (evidence is admissible but only to extent to allow jury to reach its own verdict)

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When voice identification is involved, judge should give a modified Turnbull direction

Hersey (spell out risk of mistaken ID + reasons why witness might be mistaken)

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Which cases were on the topic of acoustic voice ID evidence + whether it is acceptable

Robb (such evidence is available) + O'Doherty (P shouldn't proceed if one plank of case is auditory analysis)

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What did Flynn and St John case say about voice ID evidence?

Voice ID is more difficult than visual ID. Voice ID will probably be more reliable when conducted by professional (who should listen to voice independently). Jury can also take part in comparing voices on a recording and in testimony.

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What was the outcome of Flynn and St John?

2 convictions, based largely on voice ID evidence, were quashed

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What is bloodhound evidence?

ID by tracker dog

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2 main issues with bloodhound evidence

Reliability and hearsay (i.e. we rely on dog handler's evidence, which interprets behaviour of dog)

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Can bloodhound evidence be admitted?

Yes: Pieterson and Holloway (as long as there is detailed evidence on dog's reliability + judge provides suitable warning)

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Courts should receive ... testimony on witness ID evidence

Expert testimony

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What was "expert ad hoc" ID in Clare & Peach?

"Expert ad hoc" = police officer allowed to talk to jurors over a video filming the offence at hand, identifying the Ds. Expert was allowed to give evidence.

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Possible issues with this idea of an "expert ad hoc"

Expert = interested 3rd party. All in the name of saving time + money. D should be allowed to produce his own "expert" witness.

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Get Revising

Identification Evidence: Means of Identification

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