Identification

Copyright © 2024 LexisNexis

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. But 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, and

  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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Corporate Crime News

UK Supreme Court unveils new digital platform to modernise court processes

The UK Supreme Court (UKSC) and Judicial Committee of the Privy Council (JCPC) are set to launch new websites and a Case Management Portal on 4 December 2024. This digital transformation, part of a three year change programme, aims to revolutionise user interaction with the courts. The new system will enable digital filing of court documents, real-time case tracking and improved accessibility for all users, including litigants in person. The initiative, developed in collaboration with Capgemini and Q5, has undergone extensive user testing and is designed to enhance both judicial functions and educational outreach. This modernisation effort seeks to establish the UKSC and JCPC as world-leading, transparent and user-centric judicial institutions.

Environmental enforcement round up — 22 November 2024

A round-up of the latest environmental enforcement, including farmer fined for not complying with alternative penalty to conviction.

SFO launches bribery investigation into defence firm Thales

The Serious Fraud Office (SFO) has initiated an investigation into suspected bribery and corruption involving the multi-national aviation and defence electronics group Thales. This probe is being conducted jointly with the French authority Parquet National Financier (PNF), with each agency operating within its respective jurisdiction. The investigation targets Thales Group, headquartered in Paris, whose UK subsidiary employs over 7,000 staff across 16 sites. SFO director, Nick Ephgrave QPM, highlighted the importance of international collaboration in combating corruption, emphasising the longstanding relationship between the SFO and PNF. The agencies have informed Thales of the investigation and are committed to rigorously pursuing all avenues in their inquiry into these serious allegations.

Corporate Crime weekly highlights—21 November 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the recently released statutory guidance on the failure to prevent fraud offence and the procedures that companies are expected to implement in order to comply, of the UK and EU approaches to sanctions enforcement which shows that the UK is making progress when it comes to effective sanctions enforcement and of the ASA’s use of AI to monitor adverts to proactively pursue so-called ‘greenwashing’ claims. Also included is news of upcoming changes to sanctions legislation, including the expansion of reporting obligations to cover additional sectors, of the public call for evidence to support the work of the independent sentencing review and of a company being fined £1.28m after an employee was crushed to death by a lorry. All this, and more, in this week’s Corporate Crime highlights.

View Corporate Crime by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Fingerprints

FingerprintsA suspect's fingerprints can always be taken if they consent. Where the suspect is at the police station and gives consent for their fingerprints to be taken, their consent must be given in writing.In the case of a person who is under the age of 17 but has attained the age of 14, the

Reputation management lessons from Spacey case UK

Law360, London: In July, actor Kevin Spacey was acquitted by a jury of nine charges brought against him in May and November 2022 of sexual and/or indecent assault, and of ‘causing a person to engage in penetrative sexual activity without consent’.

Search of premises without a warrant

Search of premises without a warrantThe powers of the police to enter and search premises are both extensive and various. The police may search premises on the authority of a warrant from a court, or without a warrant under a number of statutory powers. Many of these powers are governed by Part II

Challenging visual identification evidence

Challenging visual identification evidenceBreach of PACE Codes of PracticeThe arrangement and conduct of identification procedures are governed by the Police and Criminal Evidence Act 1984 (PACE 1984) Codes of Practice, Code D, known as PACE Code D.A breach of PACE Code D will occur if:•the police
Fingerprints

Fingerprints

FingerprintsA suspect's fingerprints can always be taken if they consent. Where the suspect is at the police station and gives consent for their fingerprints to be taken, their consent must be given in writing.In the case of a person who is under the age of 17 but has attained the age of 14, the

Reputation management lessons from Spacey case UK

Reputation management lessons from Spacey case UK

Law360, London: In July, actor Kevin Spacey was acquitted by a jury of nine charges brought against him in May and November 2022 of sexual and/or indecent assault, and of ‘causing a person to engage in penetrative sexual activity without consent’.

Search of premises without a warrant

Search of premises without a warrant

Search of premises without a warrantThe powers of the police to enter and search premises are both extensive and various. The police may search premises on the authority of a warrant from a court, or without a warrant under a number of statutory powers. Many of these powers are governed by Part II

Challenging visual identification evidence

Challenging visual identification evidence

Challenging visual identification evidenceBreach of PACE Codes of PracticeThe arrangement and conduct of identification procedures are governed by the Police and Criminal Evidence Act 1984 (PACE 1984) Codes of Practice, Code D, known as PACE Code D.A breach of PACE Code D will occur if:•the police