Identification Procedures

Introduction

When the prosecution case rests on a witness who claims to recognise the accused, the **reliability of that identification** becomes a central battleground. To guard against the well-documented dangers of mistaken eyewitness identification, **Code D of the PACE Codes of Practice** lays down a detailed regime of **identification procedures**. This chapter explains **when an identification procedure must be held** (Code D, paragraph 3.12), the **four types of procedure** arranged in a hierarchy of preference (**video identification → identification parade → group identification → confrontation**), the **detailed safeguards for a video identification** under Code D, Annex A, and the **consequences of failing to hold or fairly to conduct** a required procedure — in particular the application of **s. 78 of PACE 1984**.

Assessment focus

Identification procedures are a recurring topic in the **SQE1 FLK2** assessment (Criminal Litigation). You must be able to determine, on the facts of a client scenario, **whether Code D, paragraph 3.12 requires an identification procedure to be held**, **which procedure should be offered first** under the Code D hierarchy, and **what the consequences are** where the police fail to hold a required procedure or conduct one unfairly. Questions are single best answer questions (SBAQs) set in **realistic client-based scenarios**: you will be expected to **apply** Code D to the facts rather than merely recite the Code. Note especially that breach of Code D does **not** lead to automatic exclusion — it is a factor in the **s. 78 PACE 1984** fairness assessment.

Study tips

1) Memorise the **trigger** in Code D, paragraph 3.12: an identification procedure must be held whenever the suspect **disputes** the identification (and it is practicable and would serve a useful purpose), or where the officer in charge considers it **useful**. 2) Learn the **hierarchy** in order: **video identification → identification parade → group identification → confrontation**; the suspect is offered the highest-ranking procedure that is practicable. 3) Remember that **confrontation requires no consent** and is the **last resort**. 4) Know the **Annex A safeguards** for video identification: at least **eight** other people resembling the suspect (i.e. nine images in total), images shown individually, the suspect/solicitor may view and object before showing, the witness is told the person 'may or may not be' in the set, and the officer must not be involved in the investigation. 5) For breach: **no automatic exclusion** — argue **s. 78 PACE 1984** and always record objections **contemporaneously**.