Advising clients at the police station - Identification proc...

Learning Outcomes

By the end of this article, you will be able to explain the circumstances requiring police identification procedures under PACE Code D, distinguish between the main types of procedures (video identification, identification parade, group identification, confrontation), and outline key legal rights for suspects—including the role of notice, consent, legal advice, and appropriate adults. You will also be able to advise clients at the police station about their participation, the legal consequences of refusing, and address practical issues that commonly arise.

SQE2 Syllabus

For SQE2, you are required to understand identification procedures in the context of advising clients at the police station, including:

• When the police must, or may, conduct a formal identification procedure under PACE Code D
• The different types of identification procedures (and how each is conducted)
• The suspect’s legal rights, including notice, presence of a solicitor, and the consequences of consent/refusal
• Special considerations for juveniles and vulnerable persons, including use of an appropriate adult
• Advising clients effectively regarding participation, refusal, and how to protect their interests
• Practical steps for the legal representative at the station regarding attendance and challenging procedure flaws

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. In what circumstances must the police conduct an identification procedure for a suspect under PACE Code D?
2. List the four main types of identification procedure recognised under Code D.
3. What rights should a suspect be informed of before a Code D identification procedure, and what are the implications if they refuse consent?
4. What is the role of an appropriate adult during identification procedures for a vulnerable suspect?

Introduction

Identification evidence is central to many police investigations, especially when the identity of the suspect is disputed or in doubt. Police must follow strict guidance in PACE Code D to ensure fairness and reduce the risk of mistaken identification. As a legal advisor at the police station, you must know the key tests for when a Code D identification procedure is required, advise clients knowledgeably on their rights, and help prevent unfair outcomes.

When must an identification procedure be held?

PACE Code D prescribes identification procedures when:

• An eyewitness claims to be able to identify a suspect, or there is a reasonable chance a witness can do so; and
• The suspect disputes being the person seen committing the offence; and
• The witness has not previously been given an opportunity to identify the suspect in an approved way

Key Term: identification procedure
A regulated process under PACE Code D where a suspect is presented to a witness for the purpose of discovering whether the witness can identify them as the person they saw commit the offence.

Key Term: identification officer
An officer, independent from the case investigation, of at least inspector rank, who organises and supervises the identification procedure and ensures Code D requirements are followed.

Exceptions

No procedure is needed if:

• The suspect is known to the witness and recognition is not in dispute
• The suspect admits being present and the witness does not contradict this
• It would serve no useful purpose for the proof or defence of involvement

Types of identification procedure

There are four principal types for suspects who are known and available:

• Video identification: The default method—witnesses view moving or still images of the suspect and 'foils' (others of broadly similar appearance).
• Identification parade: The suspect stands in a line of people of similar appearance and the witness is asked to indicate if they recognise anyone.
• Group identification: The witness observes the suspect in a casual group of people in a public place or arranged setting.
• Confrontation: As a last resort—witness is directly confronted with the suspect, often where other procedures are impractical.

Key Term: video identification
A method where the witness is shown images of the suspect alongside others of similar appearance, typically via digital means.

Key Term: identification parade
A live lineup where the suspect joins a group of others of similar appearance for a witness to attempt an identification.

Key Term: group identification
A process where the suspect is observed among a group in a natural or arranged public location for potential recognition by a witness.

Key Term: confrontation
A direct, face-to-face meeting arranged by police between the witness and the suspect when other regulated identification methods are impractical.

Suspect status: known and available vs. not available

• Known and available: Standard procedures above
• Known but not available: Police may use alternative or covert procedures
• Suspect not known: Police may arrange for witnesses to view people in areas or to see images

Notice requirements and suspect rights

Before proceeding, police must serve a written notice explaining:

• The purpose of the procedure and process
• The right to legal advice and to have a solicitor (and, in some cases, an appropriate adult) present
• The right to refuse participation, and potential consequences (including that refusal may be given in trial evidence, and that a covert procedure may be used)
• If appropriate, special arrangements for children or vulnerable adults
• That the solicitor will be given the initial description provided by eyewitnesses

Consent and refusal

If a suspect:

• Consents and participates: Standard identification is used where possible.
• Refuses: The officer may proceed with a covert or alternative procedure; refusal may be used as adverse evidence at trial.

Role of the solicitor

Legal advisers may:

• Attend identification procedures to check for fairness and adherence to Code D
• Object to unfair compositions (e.g., foil mismatch, line-up issues), methods, or handling
• Ensure the initial eyewitness description is provided before the procedure
• Make representations if police wish to skip the procedure where the Code says one is required, or if they breach other aspects

Special considerations for juveniles and vulnerable suspects

Identification procedures involving children or vulnerable adults (as defined in Code C) must include:

• Presence of an appropriate adult
• Extra care to ensure understanding of the process and implications
• Consent from both the juvenile (if over 14) and parent/guardian, or only the parent/guardian if the suspect is under 14
• Police to ensure the procedure does not cause harm or unfairness due to vulnerability

Key Term: appropriate adult
A responsible person present to safeguard the interests and understanding of a juvenile or vulnerable suspect during identification procedures (and other police processes).

Practical steps for the legal adviser

• Request disclosure of the initial witness description
• Advise on participation versus refusal, explaining potential trial consequences
• Attend the procedure and challenge any deviation from Code D
• Ask for records of any representations to be kept
• Keep a written note of procedure details, instructions, and issues

Worked Example 1.1

Linda is asked by police to participate in a video identification procedure after an eyewitness claims to be able to identify the person who stole a mobile phone. Linda disputes being present at the scene and seeks your advice as her solicitor. What key steps and advice should you provide?

Answer:
Advise Linda that Code D likely requires a video identification since identity is disputed and a witness claims to be able to identify a suspect. Ensure Linda receives written notice, copies of the initial eyewitness description, and her full rights. Attend the procedure if possible, check for fairness in lineup images, and advise on the implications of refusal (adverse inferences or covert alternatives). If Linda consents, oversee that the Code is followed. If she refuses, explain that refusal may be raised at trial and a covert or alternative procedure could occur.

Worked Example 1.2

James, aged 15, is suspected of assault but claims he was elsewhere. A witness says they could pick him out, but he is unsure whether to participate in the proposed identification parade. What advice do you give regarding consent and practical protections?

Answer:
As James is under 18, insist police arrange for his appropriate adult to attend all discussions and the procedure. Police must have both James and his parent's (or guardian's) consent (or just the parent's if he were under 14). Explain James's right to legal advice and presence of a solicitor. If he consents, check that the parade is conducted fairly and his interests are protected. If he refuses or withdraws, the refusal and resulting procedure (e.g., group identification or covert method) may still produce evidence.

Exam Warning

A failure by police to offer or properly conduct an identification procedure where Code D requires one may result in exclusion of the evidence at trial. However, errors do not always lead to exclusion—the fairness and impact will be considered by the court.

Revision Tip

When advising a client about participating, weigh strengths and weaknesses of the existing identification evidence, the possible effect of refusal, and credibility factors relevant at trial. Preparation and procedural fairness are key.

Key Point Checklist

This article has covered the following key knowledge points:

• Code D procedures are required where identity is disputed and an eyewitness can potentially identify a suspect
• The main types are video identification, identification parade, group identification, and confrontation (in order of preference)
• Suspects must be given written notice, all their rights, and an explanation of procedures and consequences of refusal
• Suspects (especially juveniles/vulnerable adults) are entitled to protection via legal advice, an appropriate adult, and fairness in process
• Refusal to participate may lead to covert or alternative procedures and may be used as adverse evidence in court
• Legal advisers should request the initial witness description and attend to safeguard fairness
• Any procedural errors may allow challenge to the identification evidence at trial, but not every breach leads to exclusion

Key Terms and Concepts

• identification procedure
• identification officer
• video identification
• identification parade
• group identification
• confrontation
• appropriate adult