The Police and Criminal Evidence Act 1984 (Codes of Practice) (Temporary Modifications to Code D) Order 2002

Explanatory Note

(This note is not part of the Order)

Under article 2 of this Order, the code of practice about identification of persons by police officers (Code D) for the time being in force is to be treated as having effect subject to the modifications in the Schedule to this Order. The effect of the modifications, which apply throughout England and Wales, is limited to two years from the date of this Order.

The modifications alter the hierarchy of visual identification procedures in cases of disputed identification. Under the previous provisions the preferred method of identification was the identification parade. Only in cases where an identification parade had been refused by the suspect, or was considered impracticable, could a group identification be considered. Likewise, if that form of identification was refused or impracticable, a video identification could be considered, and, as a last resort, a confrontation could be held.

This order changes the hierarchy by giving the officer in charge of the case a free choice between a video identification or an identification parade in the first instance. A group identification may be offered initially if the officer in the case considers that it would be more satisfactory than a video identification or identification parade and the identification officer considers it practicable to arrange. Otherwise it should only be offered if a video identification or identification parade are refused or considered impracticable. If none of these methods are practicable then the identification officer has discretion to make arrangements for a covert video identification or covert group identification to take place. A confrontation remains the last resort.

The modifications further allow the identification officer to delegate arrangements for or conduct of identification procedures to approved persons, and also reflect the recent amendments to the Police and Criminal Evidence Act 1984 made by section 93 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) expressly providing for the retention and use of photographs or other images taken of detained suspects.