When a witness says "that's the person", a lot can ride on it — and honest, confident witnesses are sometimes wrong. Because mistaken identification has led to serious miscarriages of justice, the law surrounds it with strict procedures. As a solicitor advising a suspect at the police station, you need to know when an identification procedure must be held, how it should be run, and how to challenge it when the rules aren't followed. Get this right and you protect your client at the most vulnerable stage of the process.
What this lesson covers:
- Purpose and When a Procedure Must Be Held — what identification procedures are for, the identification officer's role, and the triggers that make a procedure mandatory.
- The Hierarchy of Procedures — the order of preference under Code D and why video identification is now the default.
- Conducting a Video Identification — foils, distinctive features, witness instructions, and handling multiple suspects.
- Safeguards and the Suspect's Rights — recording first descriptions, keeping the witness uncontaminated, legal advice, and refusal to take part.
- Photographs and Effect of Breach — showing photos when there's no suspect, dock identifications, and the consequences of breaching Code D.
- Quality of Identification and Turnbull — using ADVOKATE, when a Turnbull warning is required, and when a case must be withdrawn.