3 Identification and recognition of suspects

3.0 This part applies when an eye-witness has seen a person committing a crime or in any other circumstances which tend to prove or disprove the involvement of the person they saw in a crime, for example, close to the scene of the crime, immediately before or immediately after it was committed. It sets out the procedures to be used to test the ability of that eye-witness to identify a person suspected of involvement in the offence (‘the suspect’) as the person they saw on the previous occasion. This part does not apply to the procedure described in Part B (see Note 3AA) which is used to test the ability of someone who is not an eye-witness, to recognise anyone whose image they see.

3.1 A record shall be made of the description of the suspect as first given by the eye-witness . This record must:

(a) be made and kept in a form which enables details of that description to be accurately produced from it, in a visible and legible form, which can be given to the suspect or the suspect’s solicitor in accordance with this Code; and

(b) unless otherwise specified, be made before the eye-witness takes part in any identification procedures under paragraphs 3.5 to 3.10, 3.21, 3.23 or Annex E (Showing Photographs to Eye-Witnesses).

A copy of the record shall where practicable, be given to the suspect or their solicitor before any procedures under paragraphs 3.5 to 3.10, 3.21 or 3.23 are carried out. See Note 3E.

3.1 A References in this Part:

(a) to the identity of the suspect being ‘known’ mean that there is sufficient information known to the police to establish, in accordance with Code G (Arrest), that there are reasonable grounds to suspect a particular person of involvement in the offence;

(b) to the suspect being ‘available’ mean that the suspect is immediately available, or will be available within a reasonably short time, in order that they can be invited to take part in at least one of the eye-witness identification procedures under paragraphs 3.5 to 3.10 and it is practicable to arrange an effective procedure under paragraphs 3.5 to 3.10; and

(c) to the eye-witness identification procedures under paragraphs 3.5 to 3.10 mean:

Video identification (paragraphs 3.5 and 3.6);

Identification parade (paragraphs 3.7 and 3.8); and

Group identification (paragraphs 3.9 and 3.10).

3.2 In cases when the suspect’s identity is not known, an eye-witness may be taken to a particular neighbourhood or place to see whether they can identify the person they saw on a previous occasion. Although the number, age, sex, race, general description and style of clothing of other people present at the location and the way in which any identification is made cannot be controlled, the principles applicable to the formal procedures under paragraphs 3.5 to 3.10 shall be followed as far as practicable. For example:

(a) where it is practicable to do so, a record should be made of the eye-witness’ description of the person they saw on the previous occasion, as in paragraph 3.1(a), before asking the eye-witness to make an identification;

(b) Care must be taken not provide the eye-witness with any information concerning the description of the suspect (if such information is available) and not to direct the eye- witness’ attention to any individual unless, taking into account all the circumstances, this cannot be avoided. However, this does not prevent an eye-witness being asked to look carefully at the people around at the time or to look towards a group or in a particular direction, if this appears necessary to make sure that the witness does not overlook a possible suspect simply because the eye-witness is looking in the opposite direction and also to enable the eye-witness to make comparisons between any suspect and others who are in the area;

(c) where there is more than one eye-witness, every effort should be made to keep them separate and eye-witnesses should be taken to see whether they can identify a person independently;

(d) once there is sufficient information to establish, in accordance with paragraph 3.1A(a), that the suspect is ‘known’, e.g. after the eye-witness makes an identification, the provisions set out from paragraph 3.4 onwards shall apply for that and any other eye- witnesses in relation to that individual;

(e) the officer or police staff accompanying the eye-witness must record, in their report book, the action taken as soon as practicable and in as much detail, as possible. The record should include:

(i) the date, time and place of the relevant occasion when the eye-witness claims to have previously seen the person committing the offence in question or in any other circumstances which tend to prove or disprove the involvement of the person they saw in a crime (see paragraph 3.0); and

(ii) where any identification was made:

how it was made and the conditions at the time (e.g., the distance the eye- witness was from the suspect, the weather and light);

if the eye-witness’s attention was drawn to the suspect; the reason for this; and

anything said by the eye-witness or the suspect about the identification or the conduct of the procedure.

See Note 3F

3.3 An eye-witness must not be shown photographs, computerised or artist’s composite likenesses or similar likenesses or pictures (including ‘E-fit’ images) if in accordance with paragraph 3.1A, the identity of the suspect is known and they are available to take part in one of the procedures under paragraphs 3.5 to 3.10. If the suspect’s identity is not known, the showing of any such images to an eye-witness to see if they can identify a person whose image they are shown as the person they saw on a previous occasion must be done in accordance with Annex E.

3.4 If the suspect’s identity is known to the police (see paragraph 3.1A(a)) and they are available (see paragraph 3.1A(b)), the identification procedures that may be used are set out in paragraphs 3.5 to 3.10 below as follows:

(i) video identification;

(ii) identification parade; or

(iii) group identification.

3.5 A ‘video identification’ is when the eye-witness is shown images of a known suspect, together with similar images of others who resemble the suspect. Moving images must be used unless the conditions in sub-paragraph (a) or (b) below apply:

(a) this sub-paragraph applies if:

(i) the identification officer, in consultation with the officer in charge of the investigation, is satisfied that because of aging, or other physical changes or differences, the appearance of the suspect has significantly changed since the previous occasion when the eye-witness claims to have seen the suspect (see paragraph 3.0 and Note 3ZA);

(ii) an image (moving or still) is available which the identification officer and the officer in charge of the investigation reasonably believe shows the appearance of the suspect as it was at the time the suspect was seen by the eye-witness; and

(iii) having regard to the extent of change and the purpose of eye-witness identification procedures (see paragraph 3.0), the identification officer believes that that such an image should be shown to the eye-witness.

In such a case, the identification officer may arrange a video identification procedure using the image described in (ii). In accordance with the ‘Notice to suspect’ (see paragraph 3.17(vi)), the suspect must first be given an opportunity to provide their own image(s) for use in the procedure but it is for the identification officer and officer in charge of the investigation to decide whether, following (ii) and (iii), any image(s) provided by the suspect should be used.

A video identification using an image described above may, at the discretion of the identification officer be arranged in addition to, or as an alternative to, a video identification using moving images taken after the suspect has been given the information and notice described in paragraphs 3.17 and 3.18.

See paragraph 3.21 and Note 3D in any case where the suspect deliberately takes steps to frustrate the eye-witness identification arrangements and procedures.

(b) this sub-paragraph applies if, in accordance with paragraph 2A of Annex A of this Code, the identification officer does not consider that replication of a physical feature or concealment of the location of the feature can be achieved using a moving image. In these cases, still images may be used.

3.6 Video identifications must be carried out in accordance with Annex A.

3.7 An ‘identification parade’ is when the eye-witness sees the suspect in a line of others who resemble the suspect.

3.8 Identification parades must be carried out in accordance with Annex B.

3.9 A ‘group identification’ is when the eye-witness sees the suspect in an informal group of people.

3.10 Group identifications must be carried out in accordance with Annex C.

3.11 Except as provided for in paragraph 3.19, the arrangements for, and conduct of, the eye- witness identification procedures in paragraphs 3.5 to 3.10 and circumstances in which any such identification procedure must be held shall be the responsibility of an officer not below inspector rank who is not involved with the investigation (‘the identification officer’). The identification officer may direct another officer or police staff, see paragraph 2.21, to make arrangements for, and to conduct, any of these identification procedures and except as provided for in paragraph 7 of Annex A, any reference in this section to the identification officer includes the officer or police staff to whom the arrangements for, and/or conduct of, any of these procedure has been delegated. In delegating these arrangements and procedures, the identification officer must be able to supervise effectively and either intervene or be contacted for advice. Where any action referred to in this paragraph is taken by another officer or police staff at the direction of the identification officer, the outcome shall, as soon as practicable, be reported to the identification officer. For the purpose of these procedures, the identification officer retains overall responsibility for ensuring that the procedure complies with this Code and in addition, in the case of detained suspect, their care and treatment until returned to the custody officer. Except as permitted by this Code, no officer or any other person involved with the investigation of the case against the suspect may take any part in these procedures or act as the identification officer.

This paragraph does not prevent the identification officer from consulting the officer in charge of the investigation to determine which procedure to use. When an identification procedure is required, in the interest of fairness to suspects and eye-witnesses, it must be held as soon as practicable.

3.12 If, before any identification procedure set out in paragraphs 3.5 to 3.10 has been held

(a) an eye-witness has identified a suspect or purported to have identified them; or

(b) there is an eye-witness available who expresses an ability to identify the suspect; or

(c) there is a reasonable chance of an eye-witness being able to identify the suspect,

and the eye-witness in (a) to (c) has not been given an opportunity to identify the suspect in any of the procedures set out in paragraphs 3.5 to 3.10, then an identification procedure shall be held if the suspect disputes being the person the eye-witness claims to have seen on a previous occasion (see paragraph 3.0), unless:

(i) it is not practicable to hold any such procedure; or

(ii) any such procedure would serve no useful purpose in proving or disproving whether the suspect was involved in committing the offence, for example

where the suspect admits being at the scene of the crime and gives an account of what took place and the eye-witness does not see anything which contradicts that; or

when it is not disputed that the suspect is already known to the eye-witness who claims to have recognised them when seeing them commit the crime.

3.13 An eye-witness identification procedure may also be held if the officer in charge of the investigation, after consultation with the identification officer, considers it would be useful.

3.14 If, because of paragraph 3.12, an identification procedure is to be held, the suspect shall initially be invited to take part in a video identification unless:

(a) a video identification is not practicable; or

(b) an identification parade is both practicable and more suitable than a video identification; or

(c) paragraph 3.16 applies.

The identification officer and the officer in charge of the investigation shall consult each other to determine which option is to be offered. An identification parade may not be practicable because of factors relating to the witnesses, such as their number, state of health, availability and travelling requirements. A video identification would normally be more suitable if it could be arranged and completed sooner than an identification parade. Before an option is offered the suspect must also be reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5.

3.15 A suspect who refuses the identification procedure in which the suspect is first invited to take part shall be asked to state their reason for refusing and may get advice from their solicitor and/or if present, their appropriate adult. The suspect, solicitor and/or appropriate adult shall be allowed to make representations about why another procedure should be used. A record should be made of the reasons for refusal and any representations made. After considering any reasons given, and representations made, the identification officer shall, if appropriate, arrange for the suspect to be invited to take part in an alternative which the officer considers suitable and practicable. If the officer decides it is not suitable and practicable to invite the suspect to take part in an alternative identification procedure, the reasons for that decision shall be recorded.

3.16 A suspect may initially be invited to take part in a group identification if the officer in charge of the investigation considers it is more suitable than a video identification or an identification parade and the identification officer considers it practicable to arrange.

3.17 Unless paragraph 3.20 applies, before any eye-witness identification procedure set out in paragraphs 3.5 to 3.10 is arranged, the following shall be explained to the suspect:

(i) the purpose of the procedure (see paragraph 3.0);

(ii) their entitlement to free legal advice; see Code C, paragraph 6.5;

(iii) the procedures for holding it, including their right, subject to Annex A, paragraph 9, to have a solicitor or friend present;

(iv) that they do not have to consent to or co-operate in the procedure;

(v) that if they do not consent to, and co-operate in, a procedure, their refusal may be given in evidence in any subsequent trial and police may proceed covertly without their consent or make other arrangements to test whether an eye-witness can identify them, see paragraph 3.21;

(vi) whether, for the purposes of a video identification procedure, images of them have previously been obtained either:

in accordance with paragraph 3.20, and if so, that they may co-operate in providing further, suitable images to be used instead; or

in accordance with paragraph 3.5(a), and if so, that they may provide their own images for the identification officer to consider using.

(vii) if appropriate, the special arrangements for juveniles;

(viii) if appropriate, the special arrangements for mentally disordered or otherwise mentally vulnerable people;

(ix) that if they significantly alter their appearance between being offered an identification procedure and any attempt to hold an identification procedure, this may be given in evidence if the case comes to trial, and the identification officer may then consider other forms of identification, see paragraph 3.21 and Note 3C;

(x) that a moving image or photograph may be taken of them when they attend for any identification procedure;

(xi) whether, before their identity became known, the eye-witness was shown photographs, a computerised or artist’s composite likeness or similar likeness or image by the police, see Note 3B;

(xii) that if they change their appearance before an identification parade, it may not be practicable to arrange one on the day or subsequently and, because of the appearance change, the identification officer may consider alternative methods of identification, see Note 3C;

(xiii) that they or their solicitor will be provided with details of the description of the suspect as first given by any eye-witnesses who are to attend the procedure or confrontation, see paragraph 3.1.

3.18 This information must also be recorded in a written notice handed to the suspect. The suspect must be given a reasonable opportunity to read the notice, after which, they should be asked to sign a copy of the notice to indicate if they are willing to co-operate with the making of a video or take part in the identification parade or group identification. The signed copy shall be retained by the identification officer.

3.19 In the case of a detained suspect, the duties under paragraphs 3.17 and 3.18 may be performed by the custody officer or by another officer or police staff not involved in the investigation as directed by the custody officer, if:

(a) it is proposed to release the suspect in order that an identification procedure can be arranged and carried out and an inspector is not available to act as the identification officer, see paragraph 3.11, before the suspect leaves the station; or

(b) it is proposed to keep the suspect in police detention whilst the procedure is arranged and carried out and waiting for an inspector to act as the identification officer, see paragraph 3.11, would cause unreasonable delay to the investigation.

The officer concerned shall inform the identification officer of the action taken and give them the signed copy of the notice. See Note 3C.

3.20 If the identification officer and officer in charge of the investigation suspect, on reasonable grounds that if the suspect was given the information and notice as in paragraphs 3.17 and 3.18, they would then take steps to avoid being seen by a witness in any identification procedure, the identification officer may arrange for images of the suspect suitable for use in a video identification procedure to be obtained before giving the information and notice. If suspect’s images are obtained in these circumstances, the suspect may, for the purposes of a video identification procedure, co-operate in providing new images which if suitable, would be used instead, see paragraph 3.17(vi).

3.21 When a known suspect is not available or has ceased to be available, see paragraph 3.1A, the identification officer may make arrangements for a video identification (see paragraph 3.5 and Annex A). If necessary, the identification officer may follow the video identification procedures using any suitable moving or still images and these may be obtained covertly if necessary. Alternatively, the identification officer may make arrangements for a group identification without the suspect’s consent (see Annex C paragraph 34). See Note 3D. These provisions may also be applied to juveniles where the consent of their parent or guardian is either refused or reasonable efforts to obtain that consent have failed (see paragraph 2.12).

3.22 Any covert activity should be strictly limited to that necessary to test the ability of the eye- witness to identify the suspect as the person they saw on the relevant previous occasion.

3.23 The identification officer may arrange for the suspect to be confronted by the eye-witness if none of the options referred to in paragraphs 3.5 to 3.10 or 3.21 are practicable. A “confrontation” is when the suspect is directly confronted by the eye-witness. A confrontation does not require the suspect’s consent. Confrontations must be carried out in accordance with Annex D.

3.24 Requirements for information to be given to, or sought from, a suspect or for the suspect to be given an opportunity to view images before they are shown to an eye-witness, do not apply if the suspect’s lack of co-operation prevents the necessary action.

3.25 A record shall be made of the video identification, identification parade, group identification or confrontation on forms provided for the purpose.

3.26 If the identification officer considers it is not practicable to hold a video identification or identification parade requested by the suspect, the reasons shall be recorded and explained to the suspect.

3.27 A record shall be made of a person’s failure or refusal to co-operate in a video identification, identification parade or group identification and, if applicable, of the grounds for obtaining images in accordance with paragraph 3.20.

3.28 Not used.

3.29 Not used.

3.30 PACE, section 64A, see paragraph 5.12, provides powers to take photographs of suspects and allows these photographs to be used or disclosed only for purposes related to the prevention or detection of crime, the investigation of offences or the conduct of prosecutions by, or on behalf of, police or other law enforcement and prosecuting authorities inside and outside the United Kingdom or the enforcement of a sentence. After being so used or disclosed, they may be retained but can only be used or disclosed for the same purposes.

3.31 Subject to paragraph 3.33, the photographs (and all negatives and copies), of suspects not taken in accordance with the provisions in paragraph 5.12 which are taken for the purposes of, or in connection with, the identification procedures in paragraphs 3.5 to 3.10, 3.21 or

3.23 must be destroyed unless the suspect:

(a) is charged with, or informed they may be prosecuted for, a recordable offence;

(b) is prosecuted for a recordable offence;

(c) is cautioned for a recordable offence or given a warning or reprimand in accordance with the Crime and Disorder Act 1998 for a recordable offence; or

(d) gives informed consent, in writing, for the photograph or images to be retained for purposes described in paragraph 3.30.

3.32 When paragraph 3.31 requires the destruction of any photograph, the person must be given an opportunity to witness the destruction or to have a certificate confirming the destruction if they request one within five days of being informed that the destruction is required.

3.33 Nothing in paragraph 3.31 affects any separate requirement under the Criminal Procedure and Investigations Act 1996 to retain material in connection with criminal investigations.

3.34 This Part of this section applies when, for the purposes of obtaining evidence of recognition, arrangements are made for a person, including a police officer, who is not an eye-witness (see Note 3AA):

(a) to view a film, photograph or any other visual medium; and

(b) on the occasion of the viewing, to be asked whether they recognise anyone whose image is shown in the material as someone who is known to them.

The arrangements for such viewings may be made by the officer in charge of the relevant investigation. Although there is no requirement for the identification officer to make the arrangements or to be consulted about the arrangements, nothing prevents this. See Notes 3AA and 3G.

3.35 To provide safeguards against mistaken recognition and to avoid any possibility of collusion, on the occasion of the viewing, the arrangements should ensure:

(a) that the films, photographs and other images are shown on an individual basis;

(b) that any person who views the material;

(i) is unable to communicate with any other individual to whom the material has been, or is to be, shown;

(ii) is not reminded of any photograph or description of any individual whose image is shown or given any other indication as to the identity of any such individual;

(iii) is not be told whether a previous witness has recognised any one;

(c) that immediately before a person views the material, they are told that:

(i) an individual who is known to them may, or may not, appear in the material they are shown and that if they do not recognise anyone, they should say so;

(ii) at any point, they may ask to see a particular part of the material frozen for them to study and there is no limit on how many times they can view the whole or any part or parts of the material; and

(d) that the person who views the material is not asked to make any decision as to whether they recognise anyone whose image they have seen as someone known to them until they have seen the whole of the material at least twice, unless the officer in charge of the viewing decides that because of the number of images the person has been invited to view, it would not be reasonable to ask them to view the whole of the material for a second time. A record of this decision must be included in the record that is made in accordance with paragraph 3.36.

(see Note 3G).

3.36 A record of the circumstances and conditions under which the person is given an opportunity to recognise an individual must be made and the record must include:

(a) whether the person knew or was given information concerning the name or identity of any suspect;

(b) what the person has been told before the viewing about the offence, the person(s) depicted in the images or the offender and by whom;

(c) how and by whom the witness was asked to view the image or look at the individual;

(d) whether the viewing was alone or with others and if with others, the reason for it;

(e) the arrangements under which the person viewed the film or saw the individual and by whom those arrangements were made;

(f) subject to paragraph 2.18, the name and rank of the officer responsible for deciding that the viewing arrangements should be made in accordance with this Part;

(g) the date time and place images were viewed or further viewed or the individual was seen;

(h) the times between which the images were viewed or the individual was seen;

(i) how the viewing of images or sighting of the individual was controlled and by whom;

(j) whether the person was familiar with the location shown in any images or the place where they saw the individual and if so, why;

(k) whether or not, on this occasion, the person claims to recognise any image shown, or any individual seen, as being someone known to them, and if they do:

(i) the reason;

(ii) the words of recognition;

(iii) any expressions of doubt; and

(iv) what features of the image or the individual triggered the recognition.

3.37 The record required under paragraph 3.36 may be made by the person who views the image or sees the individual and makes the recognition; and if applicable, by the officer or police staff in charge of showing the images to that person or in charge of the conditions under which that person sees the individual. The person must be asked to read and check the completed record and as applicable, confirm that it is correctly and accurately reflects the part they played in the viewing (see Note 3H).

3.38 This Part applies when, for the purpose of identifying and tracing suspects, films and photographs of incidents or other images are:

(a) shown to the public (which may include police officers and police staff as well as members of the public) through the national or local media or any social media networking site; or

(b) circulated through local or national police communication systems for viewing by police officers and police staff; and

the viewing is not formally controlled and supervised as set out in Part B.

3.39 A copy of the relevant material released to the national or local media for showing as described in sub-paragraph 3.38(a), shall be kept. The suspect or their solicitor shall be allowed to view such material before any eye-witness identification procedure under paragraphs 3.5 to 3.10, 3.21 or 3.23 of Part A are carried out, provided it is practicable and would not unreasonably delay the investigation. This paragraph does not affect any separate requirement under the Criminal Procedure and Investigations Act 1996 to retain material in connection with criminal investigations that might apply to sub-paragraphs 3.38(a) and (b).

3.40 Each eye-witness involved in any eye-witness identification procedure under paragraphs

3.5 to 3.10, 3.21 or 3.23 shall be asked, after they have taken part, whether they have seen any film, photograph or image relating to the offence or any description of the suspect which has been broadcast or published as described in paragraph 3.38(a) and their reply recorded. If they have, they should be asked to give details of the circumstances and subject to the eye-witness’s recollection, the record described in paragraph 3.41 should be completed.

3.41 As soon as practicable after an individual (member of the public, police officer or police staff) indicates in response to a viewing that they may have information relating to the identity and whereabouts of anyone they have seen in that viewing, arrangements should be made to ensure that they are asked to give details of the circumstances and, subject to the individual’s recollection, a record of the circumstances and conditions under which the viewing took place is made. This record shall be made in accordance with the provisions of paragraph 3.36 insofar as they can be applied to the viewing in question (see Note 3H).

3AA The eye-witness identification procedures in Part A should not be used to test whether a witness can recognise a person as someone they know and would be able to give evidence of recognition along the lines that “On (describe date, time, location and circumstances) I saw an image of an individual who I recognised as AB.” In these cases, the procedures in Part B shall apply if the viewing is controlled and the procedure in Part C shall apply if the viewing is not controlled.

3ZA In paragraph 3.5(a)(i), examples of physical changes or differences that the identification officer may wish to consider include hair style and colour, weight, facial hair, wearing or removal of spectacles and tinted contact lenses, facial injuries, tattoos and makeup.

3A Except for the provisions of Annex E, paragraph 1, a police officer who is a witness for the purposes of this part of the Code is subject to the same principles and procedures as a civilian witness.

3B When an eye-witness attending an identification procedure has previously been shown photographs, or been shown or provided with computerised or artist’s composite likenesses, or similar likenesses or pictures, it is the officer in charge of the investigation’s responsibility to make the identification officer aware of this.

3C The purpose of paragraph 3.19 is to avoid or reduce delay in arranging identification procedures by enabling the required information and warnings, see sub-paragraphs 3.17(ix) and 3.17(xii), to be given at the earliest opportunity.

3D Paragraph 3.21 would apply when a known suspect becomes ‘unavailable’ and thereby delays or frustrates arrangements for obtaining identification evidence. It also applies when a suspect refuses or fails to take part in a video identification, an identification parade or a group identification, or refuses or fails to take part in the only practicable options from that list. It enables any suitable images of the suspect, moving or still, which are available or can be obtained, to be used in an identification procedure. Examples include images from custody and other CCTV systems and from visually recorded interview records, see Code F Note for Guidance 2D.

3E When it is proposed to show photographs to a witness in accordance with Annex E, it is the responsibility of the officer in charge of the investigation to confirm to the officer responsible for supervising and directing the showing, that the first description of the suspect given by that eye-witness has been recorded. If this description has not been recorded, the procedure under Annex E must be postponed, see Annex E paragraph 2.

3F The admissibility and value of identification evidence obtained when carrying out the procedure under paragraph 3.2 may be compromised if:

(a) before a person is identified, the eye-witness’ attention is specifically drawn to that person; or

(b) the suspect’s identity becomes known before the procedure.

3G The admissibility and value of evidence of recognition obtained when carrying out the procedures in Part B may be compromised if, before the person is recognised, the witness who has claimed to know them is given or is made, or becomes aware of, information about the person which was not previously known to them personally but which they have purported to rely on to support their claim that the person is in fact known to them.

3H It is important that the record referred to in paragraphs 3.36 and 3.41 is made as soon as practicable after the viewing and whilst it is fresh in the mind of the individual who makes the recognition.