When an identification procedure must be held and which procedure comes first (Code D 3.12, 3.14)
Mohammed Rahman is arrested on suspicion of a street robbery in England. The victim, who had never met the robber before, saw his face for about 30 seconds under a street light and tells police she is sure she could recognise him again. In interview, Mohammed denies being the robber. No identification procedure has yet been held, and it is practicable to hold one.
What should the police do next?
Choose one answer to see the reasoning.
Worked answer
Correct answer C: Hold an identification procedure, initially inviting Mohammed to take part in a video identification.
THE RULE TO REMEMBER
If a suspect disputes an available eye-witness's identification, an identification procedure must be held, normally starting with a video identification.
When an identification procedure must be held and which procedure comes first (Code D 3.12, 3.14)
Paragraph 3.12 of Code D provides that, where an eye-witness is available who expresses an ability to identify the suspect and has not yet been given the opportunity to do so in a formal procedure, an identification procedure shall be held if the suspect disputes being the person the witness saw. The only exceptions are where a procedure is not practicable or would serve no useful purpose, for example where the suspect is already known to the witness. Here the victim says she can identify the robber, Mohammed disputes it, he was a stranger to her, and a procedure is practicable, so one must be held. Paragraph 3.14 then provides that the suspect shall initially be invited to take part in a video identification unless that is not practicable or a parade is both practicable and more suitable.
Why A is wrong: Showing a single photograph of an available suspect is not a Code D procedure and risks contaminating the identification.
Why B is wrong: Confrontation is a last resort, used only where the other procedures are not practicable.
Why D is wrong: A description does not remove the duty in para 3.12 to hold a procedure where identification is disputed.
Why E is wrong: Para 3.14 makes video identification the first option; a parade is offered only if it is practicable and more suitable.
A little more practice done.
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