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Witness Identification Procedure Guidelines
Summary
Witness identification procedures in England must adhere to the Police and Criminal Evidence Act 1984 (PACE) Code D. Key points include ensuring fairness and avoiding bias, with the procedure conducted by someone not involved in the investigation. Witnesses should not be influenced or pressured, and suspects should not be shown repeatedly. If you suspect any deviations from these guidelines, consider consulting legal advice for further clarification.Full Conversation
with a video identification procedure, how should this be conducted?
Case Rating: *.
In England, video identification procedures should follow these guidelines:
- The witness should view images of multiple individuals, including the suspect.
- The procedure should be conducted by someone not involved in the investigation.
- The witness should not be influenced or pressured.
- Conditions should allow for a fair and unbiased identification.
Did you notice any deviations from these guidelines during the procedure?
In England, video identification procedures should follow these guidelines:
- The witness should view images of multiple individuals, including the suspect.
- The procedure should be conducted by someone not involved in the investigation.
- The witness should not be influenced or pressured.
- Conditions should allow for a fair and unbiased identification.
Did you notice any deviations from these guidelines during the procedure?
This is the scenario: 'As is usual I videoed the suspect and then using images on the police database I created three DVDs placing the suspect in position * in DVD “A”, position * in DVD “B” and position * in DVD “C”. I showed the eye witness [witness name] the DVD marked “C” from this which had been compiled by me. I can confirm that the witness identified the suspect, [suspect name], who was number four in the sequence, after looking through the video twice.'
It sounds like there could be potential issues with the video identification procedure you mentioned. Here are a few points to consider:
- The same person creating and showing the DVD might introduce bias.
- The suspect was viewed multiple times.
- The procedure might lack impartiality.
Did you or someone else notice any direct influence or pressure on the witness during the identification?
- The same person creating and showing the DVD might introduce bias.
- The suspect was viewed multiple times.
- The procedure might lack impartiality.
Did you or someone else notice any direct influence or pressure on the witness during the identification?
Could you explain those points in more detail
Sure! Here are detailed explanations of the potential issues:
- Bias from the same person: The individual who created the DVD should not be the one conducting the identification. This avoids any potential unconscious bias.
- Multiple viewings: Showing the suspect multiple times can lead to familiarity bias, where the witness may identify the suspect simply because they have seen them before.
- Impartiality: Ideally, the procedure should be conducted by someone not involved in the investigation to ensure fairness and objectivity.
Did you observe any direct influence or pressure on the witness during this process?
- Bias from the same person: The individual who created the DVD should not be the one conducting the identification. This avoids any potential unconscious bias.
- Multiple viewings: Showing the suspect multiple times can lead to familiarity bias, where the witness may identify the suspect simply because they have seen them before.
- Impartiality: Ideally, the procedure should be conducted by someone not involved in the investigation to ensure fairness and objectivity.
Did you observe any direct influence or pressure on the witness during this process?
what legislation is this?
The legislation relevant to witness identification procedures in England is the Police and Criminal Evidence Act * (PACE) and its associated Codes of Practice, particularly Code D. Code D provides detailed guidelines on how identification procedures, including video identification, should be conducted to ensure fairness and avoid any potential bias.
Are you looking for more specific details on the legislation or guidelines?
Are you looking for more specific details on the legislation or guidelines?
yes
Under the Police and Criminal Evidence Act * (PACE) Code D, important details include:
- Identification procedures must be fair and unbiased.
- The person conducting the procedure should not be involved in the investigation.
- Witnesses should not be influenced or pressured.
- Suspects should not be repeatedly shown to the witness.
Would you like more specific examples or further details from the legislation?
- Identification procedures must be fair and unbiased.
- The person conducting the procedure should not be involved in the investigation.
- Witnesses should not be influenced or pressured.
- Suspects should not be repeatedly shown to the witness.
Would you like more specific examples or further details from the legislation?
are there are more points from the scenario i gave you?
Based on what you've shared, it seems there may be significant issues with the identification procedure. Here are some additional points to consider:
- Ensure that the identification process is conducted without any leading or suggestive actions.
- All individuals shown in the video line-up should have similar physical characteristics.
- The procedure should be recorded to provide transparency and accountability.
Do you need more specific examples or further details from the legislation?
- Ensure that the identification process is conducted without any leading or suggestive actions.
- All individuals shown in the video line-up should have similar physical characteristics.
- The procedure should be recorded to provide transparency and accountability.
Do you need more specific examples or further details from the legislation?
explain in more detail please
Sure! Here are more detailed points from your scenario:
- Impartiality: The same person creating and showing the DVD can introduce bias. PACE Code D specifies that the individual conducting the identification should not be involved in the investigation to avoid unconscious bias.
- Multiple Viewings: Showing the suspect multiple times can create familiarity bias, leading the witness to identify the suspect simply because they have seen them previously. PACE Code D advises against repeated showings of the suspect.
- Fair Representation: All individuals in the video lineup should have similar physical characteristics (e.g., age, race, build) to the suspect. This helps prevent the witness from selecting someone based on distinct differences.
- Record Keeping: The procedure should be recorded to ensure transparency and accountability, allowing for review if the identification is later contested.
Would you like more examples or further details from the legislation?
- Impartiality: The same person creating and showing the DVD can introduce bias. PACE Code D specifies that the individual conducting the identification should not be involved in the investigation to avoid unconscious bias.
- Multiple Viewings: Showing the suspect multiple times can create familiarity bias, leading the witness to identify the suspect simply because they have seen them previously. PACE Code D advises against repeated showings of the suspect.
- Fair Representation: All individuals in the video lineup should have similar physical characteristics (e.g., age, race, build) to the suspect. This helps prevent the witness from selecting someone based on distinct differences.
- Record Keeping: The procedure should be recorded to ensure transparency and accountability, allowing for review if the identification is later contested.
Would you like more examples or further details from the legislation?
more problems with the scenario?
It seems like there might be substantial issues with the procedure. Here are additional points to consider:
- The identification process should be double-blind, meaning the person showing the video shouldn't know the suspect's identity.
- Witnesses should be clearly instructed that the suspect may or may not be in the lineup.
Do you need more specific examples or further details from the legislation?
- The identification process should be double-blind, meaning the person showing the video shouldn't know the suspect's identity.
- Witnesses should be clearly instructed that the suspect may or may not be in the lineup.
Do you need more specific examples or further details from the legislation?
more examples?
Hi! It looks like you're seeking more examples of potential problems with witness identification procedures. Here are some additional points:
- Ensure the lineup includes fillers that resemble the suspect to avoid undue influence.
- Record any instructions given to the witness.
- Witnesses should view each individual or image separately, not as a group.
Do you need more specific examples or further details from the legislation?
- Ensure the lineup includes fillers that resemble the suspect to avoid undue influence.
- Record any instructions given to the witness.
- Witnesses should view each individual or image separately, not as a group.
Do you need more specific examples or further details from the legislation?
more?
Sure! Here are a few more potential issues to consider:
- Consistency: Ensure that all participants are presented in a similar way (e.g., lighting, angle).
- Witness Statement: The witness should provide a statement explaining their identification.
- Documentation: Detailed records of the identification procedure should be kept.
Would you like to know more about how to address these issues legally?
- Consistency: Ensure that all participants are presented in a similar way (e.g., lighting, angle).
- Witness Statement: The witness should provide a statement explaining their identification.
- Documentation: Detailed records of the identification procedure should be kept.
Would you like to know more about how to address these issues legally?
More?
It seems you are looking for thorough details on potential problems with witness identification procedures. Here are some more points to consider:
- Suspect Description: Ensure the witness has provided a description of the suspect before the identification.
- Feedback: Avoid giving the witness any feedback about their identification.
- Number of Fillers: Ensure a sufficient number of fillers are used to avoid suggestiveness.
Would you like more information on how to address these points legally?
- Suspect Description: Ensure the witness has provided a description of the suspect before the identification.
- Feedback: Avoid giving the witness any feedback about their identification.
- Number of Fillers: Ensure a sufficient number of fillers are used to avoid suggestiveness.
Would you like more information on how to address these points legally?
more?
Sure, here are a few more issues to consider:
- Order of Viewing: Ensure witnesses don't always view the suspect in the same position.
- Post-Identification Feedback: Avoid confirming or denying the witness's choice to prevent confidence inflation.
- Independent Review: Have the procedure reviewed by an independent party.
Would you like detailed advice on addressing these points legally?
- Order of Viewing: Ensure witnesses don't always view the suspect in the same position.
- Post-Identification Feedback: Avoid confirming or denying the witness's choice to prevent confidence inflation.
- Independent Review: Have the procedure reviewed by an independent party.
Would you like detailed advice on addressing these points legally?
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This conversation will be deleted. If you have any more questions or need further assistance, feel free to start a new conversation anytime. Take care!
delete this conversation
Sure, I can delete this conversation. Is there anything else you need help with?
no thanks
It seems like there are significant issues with the identification procedure, which could impact the fairness of the process. If you need specific legal advice or representation, it may be worth contacting a solicitor to discuss the details of your situation.
If there's anything else you need help with in the future, feel free to ask!
If there's anything else you need help with in the future, feel free to ask!
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