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Police Law - Ninth Edition

Chapter 6 - Identifiaction Methods

General Principles p 165

Add to (7) on p 166 under this heading -

(The Identification Code also provides that a witness is so disordered or vulnerable, or appears to be so, or is a juvenile, the procedure must involve a pre-trial support person but such a person must not be allowed to prompt any identification. Such a person must not be a witness in the case.)[Identification Code, para 2.15A]

Where the suspect is known and available p 167

Substitute for (a) in the text.

video identification. Video identification is when the witness is shown video images of a known suspect, together with images of other people who resemble him. Moving images must be used unless the suspect is known but not available, or the suspect has unusual features and the identification officer does not consider that replication of a physical feature can be achieved or that it is not possible to conceal the location of the feature on the image of the suspect. The identification officer may then decide to make use of video identification but using still images: Identification Code, para 3.5 and Annex A, 2A.

Taking, destruction and retention of photographs or images taken or used in identification procedures p 172

Remove 'or images' from heading. Delete references to 'detained at a police station'.

Insert after first paragraph and before (a) to (d) -

The Serious Organised Crime and Police Act 2005 added sections 64A(1A) and (1B) to PACE authorizing the taking of photographs elsewhere than at a police station in prescribed circumstances. A person who has been:

arrested by a constable for an offence;
taken into custody by a constable after a citizen's arrest;
required to wait by a community support officer;
given a penalty notice by an authorised enforcement officer,

may be photographed elsewhere than a police station with appropriate consent or, if that is withheld or it is not practicable to obtain it, without it. For these purposes the term 'photograph' includes a moving image and corresponding expressions are construed accordingly.

Video film identification p 172

General

If the identification officer decides that an unusual feature should be concealed or replicated the reason for the decision and whether the feature was concealed or replicated in the image shown to any witness must be recorded. However, if a witness requests to view an image where an unusual physical feature has been concealed or replicated without that feature being concealed or replicated, the witness may be allowed to do so. [Code D, Annex A 2B and 2C]

Conduct of video identification p 173

The first paragraph is substituted as follows

The identification officer is responsible for ensuring that, before they see the set of images, witnesses are not able to communicate with each other about the case, see any of the images which are to be shown, see, or be reminded of, any photograph or description of the suspect or be given any other indication as to the suspect's identity, or overhear a witness who has seen the material. There must be no discussion with the witness about the composition of the set of images and the witness must not be told whether a previous witness has made any identification. [Code D, Annex A, para 10]

Identification by Fingerpints p 183

SOCPA 2005, s 117 amends PACE to permit the taking of fingerprints by a constable without the appropriate consent on reasonable suspicion that a person is committing or attempting to commit an offence and the name of that person is unknown to the officer or he has reasonable grounds for believing that the name given is not his real name. The police use of mobile digital fingerprint readers connected to the National Automated Fingerprint Identification System is associated with these extended powers. [Not yet in force]

Identifiacation by Footwear Impressions p 186 (To be placed above heading 'Photographs')

SOCPA 2005, s 118 inserted a s 61A into PACE. The Forensic Science Service maintains databases of footwear impressions recovered from crime scenes. Most manufacturers of footwear provide photographs and footwear impressions of new products. PACE, s 63A is amended by SOCPA to permit footwear impressions to be retained and checked against the National Footwear Reference Collection and speculatively searched against the Mark Intelligence Index. The provisions of s 64 about the destruction of fingerprints and samples have been extended to footwear impressions by SOCPA.

With the exception below, no impressions may be taken without consent. Consent must be in writing if consent is given at a time when the person is at a police station. When detained at a police station an impression may be taken without appropriate consent from a person over the age of ten years if -

he is detained in consequence of his arrest for a recordable offence, or has been charged with a recordable offence, or informed that he will be reported for a recordable offence, and
he has not had an impression taken of his footwear in the course of the investigation of the offence by the police.

However, (b) will not apply if the impression taken previously was incomplete, or is not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally). Reasonable force may be used, if necessary, to take a footwear impression from a detainee without consent.

In all cases, before an impression is taken, the officer must inform the person that it may be the object of a speculative search and this must be recorded as soon as practicable. If the person is at a police station, the fact must be recorded in the custody record. The person must also be informed that if destruction of the impression is required that he will be allowed to witness that destruction.

Before an impression of a person's footwear is taken with or without consent at a police station under the above provisions, the person must be told that the impression may be retained and subjected to a speculative search (unless destruction of the impression is required), and that if such destruction is required he may witness it. The reason given must be recorded in the custody record. An impression may be taken by any constable.

These provisions do not apply to cases of terrorism or to extradition.

The provisions of Code D, Annex F concerning destruction and speculative search apply in relation to footwear impressions in the same way as they do to fingerprints and samples. [Amendments to paras 1-4]

Insert new heading and material below -

Footwear impressions for purposes of elimination

Where footwear impressions are taken for the purposes of elimination or as part of an intelligence-led screening to be used only for the purposes of that investigation and destroyed afterwards should carry the endorsement, 'I consent to my footwear impressions being taken for elimination purposes. I understand that the footwear impressions will be destroyed at the end of the case and that my footwear impressions will only be compared to the footwear impressions from this enquiry. I have been advised that the person taking the footwear impressions may be required to give evidence and/or provide a written statement to the police in relation to the taking of it.'

Where it is intended that footwear impressions will be retained for future use the endorsement should be, 'I consent to my footwear impressions being retained only for purposes related to the prevention and detection of crime, the investigation of an offence or the conduct of a prosecution either nationally or internationally; I understand that my footwear impressions may be checked against other records held by, or on behalf of, relevant law enforcement authorities, either nationally or internationally; I understand that once I have given my consent for my footwear impressions to be retained and used I cannot withdraw this consent'. [Identification Code, Annex F guidance note 1(c)]

Photographs p 186

SOCPA 2005, s 116 amended PACE to permit persons arrested for an offence or handed into custody, and, in some circumstances, issued with a fixed penalty notice, to be photographed. This may be done elsewhere than at a police station.

Intimate samples p 188

The definition of 'intimate sample' has been amended by SOCPA 2005 so that it is now as follows:

'An intimate sample' means a sample of blood, semen or any other tissue fluid, urine, pubic hair, a dental impression, or a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifices other than the mouth.'

Non-intimate samples - p 187

The definition of 'non-intimate sample' has been amended so that it is now as follows:

'A non-intimate sample' means hair (other than pubic hair) which includes hair plucked by the root; a sample taken from a nail or under a nail; a swab taken from a part of a person's body other than any part from which a swab taken would be an intimate sample; or a skin impression (as defined).

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