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Student Notes IPLDP Central Authority Executive Services
The NPIA is operating as the Central Authority Executive Services for the design and
implementation of Initial Police Learning for Home Office forces in England and Wales.
© NPIA (National Policing Improvement Agency) February 2012
All rights reserved. No part of this publication may be reproduced, modified, amended,
stored in any retrieval system or transmitted, in any form or by any means, without the
prior written permission of the NPIA or its representative.
The above restrictions do not apply to police service authorities, which are authorised to
use this material for official, non-profit making purposes only.
For additional copies, or to enquire about the content of the document, please contact the
Initial Learning Design Team on
+44 (0) 1423 87 6639
For copyright specific enquiries, please telephone the National Police Library on
+44 (0) 1256 602650
The NPIA aims to provide fair access to learning and development
for all its learners and staff. To support this commitment, this
document can be provided in alternative formats.
This documentation is not protectively marked.
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Student Notes IPLDP Central Authority Executive Services
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.
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Student Notes IPLDP Central Authority Executive Services
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
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Student Notes IPLDP Central Authority Executive Services
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.
Must be recorded
accurately
First Descriptions
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.
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Student Notes IPLDP Central Authority Executive Services
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.
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Student Notes IPLDP Central Authority Executive Services
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.
ADVOKATE
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
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).
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Student Notes IPLDP Central Authority Executive Services
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.
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Student Notes IPLDP Central Authority Executive Services
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.
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Student Notes IPLDP Central Authority Executive Services
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
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Student Notes IPLDP Central Authority Executive Services
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
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Student Notes IPLDP Central Authority Executive Services
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
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Student Notes IPLDP Central Authority Executive Services
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;
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Student Notes IPLDP Central Authority Executive Services
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.
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Student Notes IPLDP Central Authority Executive Services
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.
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Student Notes IPLDP Central Authority Executive Services
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.
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Student Notes IPLDP Central Authority Executive Services
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.
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Student Notes IPLDP Central Authority Executive Services
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
• _____________________________________________
_____________________________________________
• _____________________________________________
_____________________________________________
• _____________________________________________
_____________________________________________
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Student Notes IPLDP Central Authority Executive Services
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____________________________________
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Student Notes IPLDP Central Authority Executive Services
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
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Student Notes IPLDP Central Authority Executive Services
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.
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