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Annex D: Confrontation by an eye-witness

PACE Code D (2023) (SI 2023/1422) · issued under s.66 PACE 1984

A Code of Practice issued under section 66 of the Police and Criminal Evidence Act 1984; admissible in evidence in criminal and civil proceedings and relevant to any question of admissibility under section 67(11) PACE 1984.

Annex D: Confrontation by an eye-witness

1. Before the confrontation takes place, the eye-witness must be told that the person they saw on a specified earlier occasion may, or may not, be the person they are to confront and that if they are not that person, then the witness should say so.

2. Before the confrontation takes place the suspect or their solicitor shall be provided with details of the first description of the suspect given by any eye-witness who is to attend. When a broadcast or publication is made, as in paragraph 3.38(a), the suspect or their solicitor should also be allowed to view any material released to the media for the purposes of recognising or tracing the suspect, provided it is practicable to do so and would not unreasonably delay the investigation.

3. Force may not be used to make the suspect’s face visible to the eye-witness.

4. Confrontation must take place in the presence of the suspect’s solicitor, interpreter or friend unless this would cause unreasonable delay.

5. The suspect shall be confronted independently by each eye-witness, who shall be asked “Is this the person?”. If the eye-witness identifies the person but is unable to confirm the identification, they shall be asked how sure they are that the person is the one they saw on the earlier occasion.

6. The confrontation should normally take place in the police station, either in a normal room or one equipped with a screen permitting the eye-witness to see the suspect without being seen. In both cases, the procedures are the same except that a room equipped with a screen may be used only when the suspect’s solicitor, friend or appropriate adult is present or the confrontation is recorded on video.

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

Reproduced verbatim from PACE Code D (2023) as captured. Codes of Practice are periodically reissued — always verify against the current published Code on GOV.UK before you rely on it. This is a reference, not legal advice.
View this chapter on GOV.UK
Annex C: Group identificationAnnex E: Showing photographs to eye-witnesses

Official sources

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  • PACE Code D (2023) on GOV.UK

    The current, authoritative published version of this Code of Practice.

    Last checked: 2023-12-20
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Source: PACE Codes of Practice (GOV.UK, Home Office), Crown copyright, Open Government Licence v3.0.