Annex A: Video identification

1. The arrangements for obtaining and ensuring the availability of a suitable set of images to be used in a video identification must be the responsibility of an identification officer (see paragraph 3.11 of this Code) who has no direct involvement with the case.

2. The set of images must include the suspect and at least eight other people who, so far as possible, and subject to paragraph 7, resemble the suspect in age, general appearance and position in life. Only one suspect shall appear in any set unless there are two suspects of roughly similar appearance, in which case they may be shown together with at least twelve other people.

2A If the suspect has an unusual physical feature, e.g., a facial scar, tattoo or distinctive hairstyle or hair colour which does not appear on the images of the other people that are available to be used, steps may be taken to:

(a) conceal the location of the feature on the images of the suspect and the other people; or

(b) replicate that feature on the images of the other people.

For these purposes, the feature may be concealed or replicated electronically or by any other method which it is practicable to use to ensure that the images of the suspect and other people resemble each other. The identification officer has discretion to choose whether to conceal or replicate the feature and the method to be used.

2B If the identification officer decides that a feature should be concealed or replicated, the reason for the decision and whether the feature was concealed or replicated in the images shown to any eye-witness shall be recorded.

2C If the eye-witness requests to view any image where an unusual physical feature has been concealed or replicated without the feature being concealed or replicated, the identification officer has discretion to allow the eye-witness to view such image(s) if they are available.

3. The images used to conduct a video identification shall, as far as possible, show the suspect and other people in the same positions or carrying out the same sequence of movements. They shall also show the suspect and other people under identical conditions unless the identification officer reasonably believes:

(a) because of the suspect’s failure or refusal to co-operate or other reasons, it is not practicable for the conditions to be identical; and

(b) any difference in the conditions would not direct an eye-witness’ attention to any individual image.

4. The reasons identical conditions are not practicable shall be recorded on forms provided for the purpose.

5. Provision must be made for each person shown to be identified by number.

6. If police officers are shown, any numerals or other identifying badges must be concealed. If a prison inmate is shown, either as a suspect or not, then either all, or none of, the people shown should be in prison clothing.

7. The suspect or their solicitor, friend, or appropriate adult must be given a reasonable opportunity to see the complete set of images before it is shown to any eye-witness. If the suspect has a reasonable objection to the set of images or any of the participants, the suspect shall be asked to state the reasons for the objection. Steps shall, if practicable, be taken to remove the grounds for objection. If this is not practicable, the suspect and/or their representative shall be told why their objections cannot be met and the objection, the reason given for it and why it cannot be met shall be recorded on forms provided for the purpose. The requirement in paragraph 2 that the images of the other people ‘resemble’ the suspect does not require the images to be identical or extremely similar (see Note A1).

8. Before the images are shown in accordance with paragraph 7, the suspect or their solicitor shall be provided with details of the first description of the suspect by any eye-witnesses who are to attend the video identification. When a broadcast or publication is made, as in paragraph 3.38(a), the suspect or their solicitor must also be allowed to view any material released to the media by the police for the purpose of recognising or tracing the suspect, provided it is practicable and would not unreasonably delay the investigation.

9. No unauthorised people may be present when the video identification is conducted. The suspect’s solicitor, if practicable, shall be given reasonable notification of the time and place the video identification is to be conducted. The suspect’s solicitor may only be present at the video identification on request and with the prior agreement of the identification officer, if the officer is satisfied that the solicitor’s presence will not deter or distract any eye-witness from viewing the images and making an identification. If the identification officer is not satisfied and does not agree to the request, the reason must be recorded. The solicitor must be informed of the decision and the reason for it. and that they may then make representations about why they should be allowed to be present. The representations may be made orally or in writing, in person or remotely by electronic communication and must be recorded. These representations must be considered by an officer of at least the rank of inspector who is not involved with the investigation and responsibility for this may not be delegated under paragraph 3.11. If, after considering the representations, the officer is satisfied that the solicitor’s presence will deter or distract the eye-witness, the officer shall inform the solicitor of the decision and reason for it and ensure that any response by the solicitor is also recorded. If allowed to be present, the solicitor is not entitled to communicate in any way with an eye-witness during the procedure but this does not prevent the solicitor from communicating with the identification officer. The suspect may not be present when the images are shown to any eye-witness and is not entitled to be informed of the time and place the video identification procedure is to be conducted. The video identification procedure itself shall be recorded on video with sound. The recording must show all persons present within the sight or hearing of the eye-witness whilst the images are being viewed and must include what the eye-witness says and what is said to them by the identification officer and by any other person present at the video identification procedure. A supervised viewing of the recording of the video identification procedure by the suspect and/or their solicitor may be arranged on request, at the discretion of the investigating officer. Where the recording of the video identification procedure is to be shown to the suspect and/or their solicitor, the investigating officer may arrange for anything in the recording that might allow the eye-witness to be identified to be concealed if the investigating officer considers that this is justified (see Note A2). In accordance with paragraph 2.18, the investigating officer may also arrange for anything in that recording that might allow any police officers or police staff to be identified to be concealed.

10. The identification officer is responsible for making the appropriate arrangements to make sure, before they see the set of images, eye-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 an eye-witness who has already seen the material. There must be no discussion with the eye-witness about the composition of the set of images and they must not be told whether a previous eye-witness has made any identification.

11. Only one eye-witness may see the set of images at a time. Immediately before the images are shown, the eye-witness shall be told that the person they saw on a specified earlier occasion may, or may not, appear in the images they are shown and that if they cannot make an identification, they should say so. The eye-witness shall be advised that at any point, they may ask to see a particular part of the set of images or to have a particular image frozen for them to study. Furthermore, it should be pointed out to the eye-witness that there is no limit on how many times they can view the whole set of images or any part of them. However, they should be asked not to make any decision as to whether the person they saw is on the set of images until they have seen the whole set at least twice.

12. Once the eye-witness has seen the whole set of images at least twice and has indicated that they do not want to view the images, or any part of them, again, the eye-witness shall be asked to say whether the individual they saw in person on a specified earlier occasion has been shown and, if so, to identify them by number of the image. The eye-witness will then be shown that image to confirm the identification, see paragraph 17.

13. Care must be taken not to direct the eye-witness’ attention to any one individual image or give any indication of the suspect’s identity. Where an eye-witness has previously made an identification by photographs, or a computerised or artist’s composite or similar likeness, they must not be reminded of such a photograph or composite likeness once a suspect is available for identification by other means in accordance with this Code. Nor must the eye- witness be reminded of any description of the suspect.

13A. If after the video identification procedure has ended, the eye-witness informs any police officer or police staff involved in the post-viewing arrangements that they wish to change their decision about their identification, or they have not made an identification when in fact they could have made one, an accurate record of the words used by the eye-witness and of the circumstances immediately after the procedure ended, shall be made. If the eye- witness has not had an opportunity to communicate with other people about the procedure, the identification officer has the discretion to allow the eye-witness a second opportunity to make an identification by repeating the video identification procedure using the same images but in different positions.

14. After the procedure, action required in accordance with paragraph 3.40 applies.

15. Arrangements shall be made for all relevant material containing sets of images used for specific identification procedures to be kept securely and their movements accounted for. In particular, no-one involved in the investigation shall be permitted to view the material prior to it being shown to any witness.

16. As appropriate, paragraph 3.30 or 3.31 applies to the destruction or retention of relevant sets of images.

17. A record must be made of all those participating in, or seeing, the set of images whose names are known to the police.

18. A record of the conduct of the video identification must be made on forms provided for the purpose. This shall include anything said by the witness about any identifications or the conduct of the procedure and any reasons it was not practicable to comply with any of the provisions of this Code governing the conduct of video identifications. This record is in addition to any statement that is taken from any eye-witness after the procedure.

A1 The purpose of the video identification is to test the eye-witness’ ability to distinguish the suspect from others and it would not be a fair test if all the images shown were identical or extremely similar to each other. The identification officer is responsible for ensuring that the images shown are suitable for the purpose of this test.

A2 The purpose of allowing the identity of the eye-witness to be concealed is to protect them in cases when there is information that suspects or their associates, may threaten the witness or cause them harm or when the investigating officer considers that special measures may be required to protect their identity during the criminal process.