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1. Replace paragraph 2 with the following:
2.1 A record shall be made of the suspect’s description as first given by a potential 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 witness takes part in any identification procedures under paragraphs 2.5 to 2.10, 2.22 or 2.24.
A copy of the record shall where practicable, be given to the suspect or their solicitor before any procedures under paragraphs 2.5 to 2.10, 2.22 or 2.24 are carried out.
See Note 2E
2.2 In cases when the suspect’s identity is not known, a witness may be taken to a particular neighbourhood or place to see whether they can identify the person they saw. 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 2.5 to 2.10 shall be followed as far as practicable. For example:
(a)where it is practicable to do so, a record should be made of the witness' description of the suspect, as in paragraph 2.1(a), before asking the witness to make an identification;
(b)care must be taken not to direct the witness' attention to any individual unless, taking into account all the circumstances, this cannot be avoided. However, this does not prevent a 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 witness is looking in the opposite direction and also to enable the witness to make comparisons between any suspect and others who are in the area; See Note 2F
(c)where there is more than one witness, every effort should be made to keep them separate and witnesses should be taken to see whether they can identify a person independently;
(d)once there is sufficient information to justify the arrest of a particular individual for suspected involvement in the offence, e.g., after a witness makes a positive identification, the provisions set out from paragraph 2.4 onwards shall apply for any other witnesses in relation to that individual. Subject to paragraphs 2.12 and 2.13, it is not necessary for the witness who makes such a positive identification to take part in a further procedure;
(e)the officer or police staff accompanying the witness must record, in their note book, the action taken as soon as, and in as much detail, as possible. The record should include: the date, time and place of the relevant occasion the witness claims to have previously seen the suspect; where any identification was made; how it was made and the conditions at the time (e.g., the distance the witness was from the suspect, the weather and light); if the witness’s attention was drawn to the suspect; the reason for this; and anything said by the witness or the suspect about the identification or the conduct of the procedure.
2.3 A witness must not be shown photographs, computerised or artist’s composite likenesses or similar likenesses or pictures (including “E-fit” images) if the identity of the suspect is known to the police and the suspect is available to take part in a video identification, an identification parade or a group identification. If the suspect’s identity is not known, the showing of such images to a witness to obtain identification evidence must be done in accordance with Annex E.
2.4 If the suspect’s identity is known to the police and they are available, the identification procedures set out in paragraphs 2.5 to 2.10 may be used. References in this section to a suspect being “known” mean there is sufficient information known to the police to justify the arrest of a particular person for suspected involvement in the offence. A suspect being “available” means they are immediately available or will be within a reasonably short time and willing to take an effective part in at least one of the following which it is practicable to arrange:
video identification;
identification parade; or
group identification.
2.5 A “video identification” is when the witness is shown moving images of a known suspect, together with similar images of others who resemble the suspect. See paragraph 2.22 for circumstances in which still images may be used.
2.6 Video identifications must be carried out in accordance with Annex A.
2.7 An “identification parade” is when the witness sees the suspect in a line of others who resemble the suspect.
2.8 Identification parades must be carried out in accordance with Annex B.
2.9 A “group identification” is when the witness sees the suspect in an informal group of people.
2.10 Group identifications must be carried out in accordance with Annex C.
2.11 Except for the provisions in paragraph 2.20, the arrangements for, and conduct of, the identification procedures in paragraphs 2.5 to 2.10 and circumstances in which an 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”. Unless otherwise specified, the identification officer may allow another officer or police staff to make arrangements for, and conduct, any of these identification procedures. In delegating these procedures, the identification officer must be able to supervise effectively and either intervene or be contacted for advice. No officer or any other person involved with the investigation of the case against the suspect, beyond the extent required by these procedures, may take any part in these procedures or act as the identification officer. This 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 witnesses, it must be held as soon as practicable.
2.12 Whenever:
(i)a witness has identified a suspect or purported to have identified them prior to any identification procedure set out in paragraphs 2.5 to 2.10 having been held; or
(ii)there is a witness available, who expresses an ability to identify the suspect, or where there is a reasonable chance of the witness being able to do so, and they have not been given an opportunity to identify the suspect in any of the procedures set out in paragraphs 2.5 to 2.10,
and the suspect disputes being the person the witness claims to have seen, an identification procedure shall be held unless it is not practicable or it would serve no useful purpose in proving or disproving whether the suspect was involved in committing the offence. For example, when it is not disputed that the suspect is already well known to the witness who claims to have seen them commit the crime.
2.13 Such a procedure may also be held if the officer in charge of the investigation considers it would be useful.
2.14 If, because of paragraph 2.12, an identification procedure is to be held, the suspect shall initially be offered a video identification unless:
(a)video identification is not practicable; or
(b)an identification parade is both practicable and more suitable than a video identification; or
(c)paragraph 2.16 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.
2.15 A suspect who refuses the identification procedure first offered 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 offered an alternative which the officer considers suitable and practicable. If the officer decides it is not suitable and practicable to offer an alternative identification procedure, the reasons for that decision shall be recorded.
2.16 A group identification may initially be offered 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.
2.17 Unless paragraph 2.21 applies, before a video identification, an identification parade or group identification is arranged, the following shall be explained to the suspect:
(i)the purposes of the video identification, identification parade or group identification;
(ii)their entitlement to free legal advice; see Code C, paragraph 6.4;
(iii)the procedures for holding it, including their right to have a solicitor or friend present;
(iv)that they do not have to consent to or co-operate in a video identification, identification parade or group identification;
(v)that if they do not consent to, and co-operate in, a video identification, identification parade or group identification, 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 a witness can identify them, see paragraph 2.22;
(vi)whether, for the purposes of the video identification procedure, images of them have previously been obtained, see paragraph 2.21, and if so, that they may co-operate in providing further, suitable images to be used instead;
(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 2.22 and Note 2C;
(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 witness was shown photographs, a computerised or artist’s composite likeness or similar likeness or image by the police; see Note 2B;
(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 2C;
(xiii)that they or their solicitor will be provided with details of the description of the suspect as first given by any witnesses who are to attend the video identification, identification parade, group identification or confrontation, see paragraph 2.1.
2.18 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 second copy 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.
2.19 Where a suspect’s solicitor, interpreter or friend is not present at an identification procedure and the identification officer believes that awaiting their arrival would cause unreasonable delay, then the procedure may take place in their absence, provided it is authorised by an officer of the rank of superintendent or above who is not involved with the investigation of the offence for which the identification procedure has been convened.
2.20 The duties of the identification officer under paragraphs 2.17 and 2.18 may be performed by the custody officer or other officer not involved in the investigation if:
(a)it is proposed to hold an identification procedure at a later date, e.g., if the suspect is to be bailed to attend an identification parade; and
(b)an inspector is not available to act as the identification officer, see paragraph 2.11, before the suspect leaves the station.
The officer concerned shall inform the identification officer of the action taken and give them the signed copy of the notice. See Note 2C
2.21 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 2.17 and 2.18, 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 suitable new images to be used instead, see paragraph 2.17(vi).
2.22 When a known suspect is not available or has ceased to be available, see paragraph 2.4, the identification officer may make arrangements for a video identification (see Annex A). If necessary, the identification officer may follow the video identification procedures but using still images. Any suitable moving or still images may be used and these may be obtained covertly if necessary. Alternatively, the identification officer may make arrangements for a group identification. See Note 2DThese 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 1.13)
2.23 Any covert activity should be strictly limited to that necessary to test the ability of the witness to identify the suspect.
2.24 The identification officer may arrange for the suspect to be confronted by the witness if none of the options referred to in paragraphs 2.5 to 2.10 or 2.22 are practicable. A “confrontation” is when the suspect is directly confronted by the witness. A confrontation does not require the suspect’s consent. Confrontations must be carried out in accordance with Annex D.
2.25 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 a witness, do not apply if the suspect’s lack of co-operation prevents the necessary action.
2.26 A record shall be made of the video identification, identification parade, group identification or confrontation on forms provided for the purpose.
2.27 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.
2.28 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 2.21.
2.29 Nothing in this Code inhibits showing films or photographs to the public through the national or local media, or to police officers for the purposes of recognition and tracing suspects. However, when such material is shown to potential witnesses, including police officers, see Note 2A, to obtain identification evidence, it shall be shown on an individual basis to avoid any possibility of collusion, and, as far as possible, the showing shall follow the principles for video identification if the suspect is known, see Annex A, or identification by photographs if the suspect is not known, see Annex E.
2.30 When a broadcast or publication is made, see paragraph 2.29, a copy of the relevant material released to the media for the purposes of recognising or tracing the suspect, shall be kept. The suspect or their solicitor shall be allowed to view such material before any procedures under paragraphs 2.5 to 2.10, 2.22 or 2.24 are carried out, provided it is practicable and would not unreasonably delay the investigation. Each witness involved in the procedure shall be asked, after they have taken part, whether they have seen any broadcast or published films or photographs relating to the offence or any description of the suspect and their replies shall be recorded. This paragraph does not affect any separate requirement under the Criminal Procedure and Investigations Act 1996 to retain material in connection with criminal investigations.
2.31 PACE, article 64A, provides powers to take photographs of suspects detained at police stations 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. After being so used or disclosed, they may be retained but can only be used or disclosed for the same purposes.
2.32 Subject to paragraph 2.34, the photographs (and all negatives and copies), of suspects not detained and any moving images, (and copies), of suspects whether or not they have been detained which are taken for the purposes of, or in connection with, the identification procedures in paragraphs 2.5 to 2.10, 2.22 or 2.24 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
(d)gives informed consent, in writing, for the photograph or images to be retained for purposes described in paragraph 2.31.
2.33 When paragraph 2.32 requires the destruction of any photograph or images, 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.
2.34 Nothing in paragraph 2.32 affects any separate requirement under the Criminal Procedure and Investigations Act 1996 to retain material in connection with criminal investigations.
2A 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.
2B When a 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.
2C The purpose of paragraph 2.20 is to avoid or reduce delay in arranging identification procedures by enabling the required information and warnings, see sub-paragraphs 2.17(ix) and 2.17(xii), to be given at the earliest opportunity.
2D Paragraph 2.22 would apply when a known suspect deliberately makes themselves “unavailable” in order to delay or frustrate 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.
2E 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 witness has been recorded. If this description has not been recorded, the procedure under Annex E must be postponed. See Annex E paragraph 2
2F The admissibility and value of identification evidence obtained when carrying out the procedure under paragraph 2.2 may be compromised if:
(a)before a person is identified, the witness' attention is specifically drawn to that person; or
(b)the suspect’s identity becomes known before the procedure.”
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