LPG1.7.04 Models, Methods and Processes Street Identification Student Notes Version 1.09
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Learning Outcomes When you have successfully completed these student notes, you will be able to: 1. Explain the legislation and give examples of Identification procedures for unknown suspects 2. Outline the legislation and procedures surrounding street ID Key to Graphics The pencil indicates an exercise or knowledge check for you to complete. The microscope tells you when there is a topic that may require a closer look or further research or reading. The exclamation mark highlights an area that you need to pay close attention to. 3
Table of Contents Learning Outcomes... 3 Key to Graphics... 3 Introduction... 5 First Descriptions... 5 Interviewing witnesses... 6 How the courts view the subject of identification... 7 Known Suspect... 8 Unknown Suspect... 8 Identification by photograph... 8 Facial Composite Techniques... 10 Destruction and retention of photographs taken or used in identification procedures. 12 Photographs of detainees at police stations and other persons elsewhere... 13 Street identification... 15 Summary... 17 Knowledge Check... 18 Knowledge Check Answers... 20 4
Introduction After reading these student notes you will be able to state the identification procedures and circumstances when you can use street identification to identify unknown suspects and outline the information to be recorded prior to carrying out a street identification in compliance with PACE Codes of practice. You will also be able to explain what actions and procedures to follow and how they should be documented in given circumstances. First Descriptions Must be recorded accurately It is important to remember from the outset that the first description given by a witness must be recorded accurately and in detail, in a visible and legible form as it will be supplied in writing to the suspect or their solicitor before any subsequent formal identification procedure. It is also important to remember that the first description given by a witness is required for disclosure and may be used as evidence in court. These procedures are in accordance with the guidance provided within PACE Codes of Practice - Code D 3.1. As soon as there is sufficient evidence to arrest the person, any additional witnesses must not take part in the Street Identification; instead they need to take part in one of the formal identification methods. If a witness identifies a suspect in a Street ID, the courts regard this as strong evidence and they need not take part in a further formal identification method. 5
Interviewing witnesses Witnesses are of paramount importance to police investigations and the information that they can supply will often result in descriptions of persons. Careful and detailed interviewing of witnesses provides the basis from which further enquiries and possible identification can follow. The Youth Justice and Criminal Evidence Act 1999 guidance Achieving Best Evidence in Criminal Proceedings indicates that a pre-trial support person should accompany a vulnerable witness (including juveniles) during any identification procedure. It states that this support person should not be a witness in the investigation nor likely to be. Pre-trial support is available through Victim Support and the Witness Service as well as a range of other organisations, such as the NSPCC and Social Services. It is recognised that a police officer could be a supporter. However, some form of training and guidance from CPS must have been provided. Supporters must have had no involvement in the associated ongoing investigation. Remember when interviewing witnesses: Be patient Do not prompt Do not ask closed (yes/no) or leading questions (those which suggest an answer) Allow the witnesses to describe in their own way and in their own words, but check all the time that you understand what is meant Use the appropriate interview technique: cognitive conversation management Obtain as much detail as possible. 6
How the courts view the subject of identification In some cases which appear in court the defence will be based on alleged mistaken identification. This is particularly so when the defence knows that the major part of the evidence against the accused is based on the identification by a witness. R v Turnbull: Court of Appeal [1977] QB 224 In 1976 the Court of Appeal considered the case of R v Turnbull and created guidelines on the subject of identification, which have been followed in subsequent cases. The points raised indicate the areas to which police officers must pay ADVOKATE particular attention whenever they are involved in identification processes. This can be remembered with the assistance of the mnemonic ADVOKATE: A Amount of time under observation. D Distance from the eyewitness to the person or incident. V Visibility including time of day, street lighting etc. O Obstructions Was there anything obstructing the view? K Known or seen before Did the witness know, or had they seen the suspect before? A Any reason to remember Was there something specific that made the person or incident memorable? T Time lapse How long since the witness last saw the suspect? E Errors or material discrepancies (this means any material discrepancy between the description of the accused given to police by the witness when first seen by them and the actual appearance of the accused). 7
Not all of these points will be applicable to every statement. However, you must consider each point and record those points that do apply as part of the witness statement. Known Suspect The definition of a known suspect as outlined in PACE Codes of Practice D paragraph 3.4 is: There is sufficient information known to the police to justify the arrest of a particular person for suspected involvement in the offence. For information on verifying the identity of known suspects, refer to LPG1.7.27 Identification student notes. Unknown Suspect When the identity of a suspect is unknown, the following identification procedures may be used: Photograph Identification Facial composite technique Street ID In this section we will look at each of these in more detail. Identification by photograph The showing of photographs can only be used for the purposes of identification when the identity of the suspect is not known. Code D of the PACE codes (Annex E) requires that an officer of the rank of sergeant or above shall be responsible for supervising and directing the showing of photographs, but the actual showing may be done by a constable, or a civilian police employee. Your sergeant will give you the necessary guidance if you have occasion to use this method. 8
Again, remember that the first description of a suspect must be recorded before any photographs are shown. If the supervising officer is unable to confirm that the description has been recorded, the showing of photographs should be postponed. If you have more than one witness you must show the photographs only to one witness at a time. You must allow that witness as much privacy as possible when viewing the photographs. You must not let your witnesses speak to each other or overhear any other witnesses in the case. You must arrange your photographs so that there are not less than 12 on view at any one time. All photographs must be of a similar type, numbered and either in an album or a frame. Whether an identification is made or not, none of the photographs should be destroyed, since they may be required for production in court. A separate photograph is then taken of the frame or part of the album from which the witness has made an identification. Before you show your set of photographs to your witness you must state that the person they saw may or may not be in the set you are about to show and that if they cannot make a positive identification they should say so. You should also tell the witness that they should not make a decision until they have viewed at least 12 photographs. You must not guide or prompt your witness during their viewing of the set of photographs. If one of your witnesses makes a positive identification of a suspect from the photographs you have shown, then, unless the person identified is otherwise eliminated from enquiries, other witnesses must not be shown the photographs. If your suspect disputes the identification, all witnesses shall be asked to attend a video identification, an identification parade or group identification. 9
If the witness makes a selection but is unable to confirm the identification, the person showing the photographs should ask the witness how sure they are that the photograph they have indicated is of the person that they saw on the earlier relevant occasion. If your witness has previously been shown photographs (or computerised or artist s composite or likeness), the suspect and their solicitor must be informed of this fact before attending an identification parade, video identification or group identification. A record must be kept of the showing of photographs. This will include anything said by the witness about any identification or the conduct of the procedure, any reasons why it was not practicable to comply with any of the provisions of Code D regarding the showing of photographs and the name and rank of the supervising officer. The supervising officer must inspect and sign the record as soon as practicable. Remember you must keep to Code of Practice D when you deal with identification and, while individual force policies may vary in detail the Code applies nationally. Facial Composite Techniques The two main composite systems used by UK Police Services are E- Fit and Pro-Fit, although some forces still rely on composite artists. E-Fit and Pro-Fit are computerised composite systems which were originally developed by the Home Office to replace Photo Fit and Identikit. Most of these computerised systems are portable so that the witnesses can be interviewed the finished product printed and verified by the witness in one process. This also allows immediate 10
distribution to investigating teams and to the media. The equipment is operated by specialist staff, according to police procedures and requirements of the Codes of Practice. The production of a composite requires time and concentration by both the witness and the operator, so it is important that the witness is able to devote the necessary time and that the process takes place in a quiet environment to it, free from interruption. These guidelines should be followed: Witnesses or victims should be contacted within 24 of an incident, if possible, or at most within 36 hours. Composite identification techniques can only be used when the suspect is neither known nor available. Requests for composites should not be made when security videos and stills are available unless they are of such poor quality to be unusable for identification purposes. Witnesses must not be shown photographs prior to obtaining a composite. The witness must have seen the suspect s face and be able to describe the facial features. This requires a clear mental image of the suspect s face. The first description given by a witness must be recorded, and a full statement obtained from the witness before the composite is requested. A facial composite is an investigative tool that may suggest a possible suspect. Other evidence must be available to support an arrest. The final composite becomes the witness s exhibit and must be disclosed to the defence in any subsequent proceedings. Where the use of a composite has established a suspect who can be asked to appear on a parade or other identification procedure, the composite shall not be shown 11
to other potential witnesses. The suspect or his solicitor must be informed that a composite has been used before any other procedure takes place. Whether or not any identification is made, a record must be kept of the use of the composite. Bear in mind that the memory of the very young, the elderly, those who experience mental ill health or those under the influence of drink or drugs may be unreliable. Destruction and retention of photographs taken or used in identification procedures Section 64A of the Police and Criminal Evidence Act (PACE) 1984 (see below) provides powers to take photographs of suspects and allows these photographs to be used or disclosed only for purposes related to the prevention or detection of crime, the investigation of offences or the conduct of prosecutions by, or on behalf of, police or other law enforcement and prosecuting authorities inside and outside the United Kingdom or the enforcement of a sentence. After being used or disclosed, they may be retained but can only be used or disclosed for the same purposes. The photographs (and all negatives and copies) of suspects, not taken in accordance with the provisions of Section 64A which are taken for the purposes of, or in connection with, video identification, identification parades, group identification or confrontation, including moving or still images, obtained from custody CCTV footage or visually recorded interviews, which may needed in cases where the suspect refuses or fails to take part in an identification procedure, must be destroyed unless the suspect: is charged with, or informed that they may be prosecuted 12
for a recordable offence is prosecuted for a recordable offence is cautioned for a recordable offence or given a warning or reprimand in accordance with the Crime and Disorder Act 1998 for a recordable offence, or gives informed consent in writing for the photograph or image to be retained The person must be given the opportunity to witness the destruction or to have a certificate confirming the destruction provided that they make the request within five days of being informed that the destruction is required. Photographs of detainees at police stations and other persons elsewhere Section 64A PACE, provides powers for officers to photograph detainees at police stations and other persons elsewhere than at a police station. An officer may photograph: 1. any person whilst they are detained at a police station; and 2. any person who is elsewhere than at a police station: a) with the appropriate consent; or b) if the appropriate consent is withheld or it is not practicable to obtain it, without it (s64a (1A)) and who has been i. arrested by a constable for an offence; ii. taken into custody by a constable after being arrested for an offence by a person other than a constable; iii. made subject to a requirement to wait with a community support officer iiia. given a direction by a constable under section 27 of the Violent Crime Reduction Act 2006; 13
iv. given a penalty notice for disorder by a constable in uniform, a penalty notice for truancy by a constable or a fixed penalty notice under the Road Traffic Offenders Act 1988 by a constable in uniform v. given a notice in relation to a relevant fixed penalty offence by a community support officer vi. given a notice in relation to a relevant fixed penalty offence by an accredited person vii. given a notice in relation to a relevant fixed penalty offence by an accredited inspector Photographs may be taken with the persons consent or without their consent if consent is withheld or it is not practicable to obtain their consent, for instance in situations were the person is drunk or violent. If the detainee is unwilling to co-operate sufficiently to enable a suitable photograph to be taken and it is not reasonably practicable to take the photograph covertly, an officer may use reasonable force to take their photograph without their consent and for the purpose of taking the photograph, remove items of clothing or substances worn which they have failed to remove when asked. The appropriate use of force to take photographs of a suspect (elsewhere than at a police station) must be considered carefully. In order to obtain a suspect s consent and co-operation to remove an item of religious headwear to take their photograph, it may be appropriate to do so out of public view. Further information regarding this section of your notes can be found in paragraphs 3.30 3.33 and 5.12 5.24 Code D of the Codes of Practice. 14
Street identification In accordance with the PACE Codes of Practice - Code D 3.2, a street identification is used only when you have no suspect, but believe that the offender may be at a particular location or neighbourhood. If a suspect is known, either by the witness or by you (from the description given or other enquiries), you cannot use a street identification. You conduct such identification by taking your witness to a location where the offender may be. Before doing so, where practicable, a record must be made of any description (first or otherwise) given by the witness of the suspect. You then ask the witness if they can identify any person present as being the same person originally witnessed on the relevant occasion. You must not direct your witness to any individual unless, having regard to all the circumstances, this cannot be avoided. However, this does not prevent the witness being asked to look carefully at the people who are around at the time, or to look towards a group or in a particular direction if this appears to be necessary to ensure that the witness does not overlook a possible suspect simply because the witness is looking in the opposite direction and also to enable the witness to make comparisons between any suspect and others who are in the area at the time. Where there is more than one witness, every effort should be made to keep them separate. Where practicable, witnesses should be taken to see whether they can identify a person independently. 15
Example A robbery occurs at a shop. The offender is wearing a coat which bears the logo of a local factory. There is no known suspect, so you take the witness to the relevant factory to watch the employees arriving for work. Street identification may be conducted by you, but if you consider using this method you should first inform a supervisor. Street identification may be conducted by you, but if you consider using this method you should first inform a supervisor. Once there is sufficient information to justify the arrest of a particular individual for suspected involvement in the offence, for example, after a witness makes a positive identification, formal identification procedures must be adopted for any other witnesses in relation to that individual. The officer or approved person accompanying the witness shall make a record in their pocket book of the action taken as soon as practicable and in as much detail as possible. The record should include the following information: The date, time and place of the relevant occasion the witness claims to have previously seen the suspect. Where any identification was made, how it was made and the conditions at the time (for example, the distance the witness was from the suspect, the weather and light). If the witness s attention was drawn to the suspect and if so the reason for this, and Anything said by the witness or the suspect about the identification or the conduct of the procedure. 16
Remember you must keep to Code of Practice D when you deal with identification and while individual force policies may vary in detail, the Code applies nationally. Summary You will be able to state the identification procedures and circumstances when you can use street identification to identify unknown suspects and outline the information to be recorded prior to carrying out a street identification in compliance with PACE Codes of practice. You will also be able to explain what actions and procedures to follow and how they should be documented in given circumstances. 17
Knowledge Check 1. Why is it important to ensure that a witness s first description of a suspect is as detailed and accurate as possible? 2. What are the circumstances under which a street identification may take place? (Tick the correct answer/s) When you have no suspect, but believe that the offender may be at a particular location or neighbourhood If a suspect is known by the witness or by you 3. Before using street identification, who should you inform? 4. List three things that should be noted in your pocket notebook when a witness makes a formal identification 18
5. When showing film or photographic evidence a copy of any material shown should be made available to the suspect or their solicitor before any identification procedure is carried out True False 6. What does the mnemonic advocate stand for? A D V O K A T E 19
Knowledge Check Answers 1. Why is it important that the first description is recorded accurately and in detail? Your answer should include the following key points: It will be supplied in writing to the suspect or their solicitor before any subsequent formal identification procedure. The first description given by a witness is required for disclosure. 2. What are the circumstances under which a street identification may take place? (Tick the correct answer/s) The correct answer is: When you have no suspect, but believe that the offender may be at a particular location or neighbourhood 3. Before using street identification, who should you inform? Your supervisor 4. List three things that should be noted in your pocket notebook Your answer should contain three of the following: the date, time and place of the relevant occasion the witness claims to have previously seen the suspect when a witness makes a formal street identification where any identification was made, how it was made and the conditions at the time (for example, the distance the witness was from the suspect, the weather and light) if the witness s attention was drawn to the suspect and if so 20
the reason for this, and anything said by the witness or the suspect about the identification or the conduct of the procedure 5. When showing film or photographic evidence a copy of any material shown should be made available to the suspect or their solicitor before any identification procedure is carried out True False 6. What does the mnemonic advocate stand for? A Amount of time under observation. D Distance from the eyewitness to the person or incident. V Visibility including time of day, street lighting etc. O Obstructions Was there anything obstructing the view? K Known or seen before Did the witness know, or had they seen the suspect before? A Any reason to remember Was there something specific that made the person or incident memorable? T Time lapse How long since the witness last saw the suspect? E Errors or material discrepancies. 21