NCJ Number
143112
Journal
Police Journal Volume: 66 Issue: 2 Dated: (April-June 1993) Pages: 147-151
Date Published
1993
Length
5 pages
Annotation
This article summarizes the facts and findings of British court cases that involve suspect identification and the legality of line-ups.
Abstract
The British police Codes of Practice require that the first consideration of the identification officer, who must be a uniformed inspector, is to conduct an identification parade (line-up) if the suspect "asks for one and it is practicable to hold one." A parade must also be held "if the officer in charge of the investigation considers that it would be useful, and the suspect consents." Recent court cases indicate how identification officers are persuaded or pressured into moving toward a group identification or confrontation. Any breach of the code's provisions is likely to have important evidential consequences at a trial. The courts have excluded improperly obtained identification evidence by the use of section 78 Police and Criminal Evidence Act 1984. This does not mean, however, that all evidence of identification must be obtained as a result of a formal line-up or, necessarily, in accordance with Code D since paragraph 2.17 concerns cases where the identity of the suspect is not known. This article presents 15 cases that address the necessity of a line-up to confirm a previous identification, apparent misconduct at the line-up, and selection of "foils" to be used in the line-up.