Advising a suspect on identification procedures


Published by a ½Û×ÓÊÓƵ Corporate Crime expert
Practice notes

Advising a suspect on identification procedures


Published by a ½Û×ÓÊÓƵ Corporate Crime expert

Practice notes

Should a suspect ask for an identification procedure?

A suspect may need legal advice on whether to request an identification procedure where the police have not offered one.

A code of practice for the exercise by police of statutory powers to identify persons has been issued under the Police and Criminal Evidence Act 1984, known as PACE Code D. PACE Code D provides that an identification procedure may be held if the officer in charge of the investigation considers it would be 'useful'. This applies even if the conditions for a mandatory identification are not satisfied.

See also Practice Note: Eyewitness identification evidence which sets out when an identification procedure must be held.

In advising a suspect about whether to request a formal identification procedure, the legal representative will need to take into account several factors. These include the state of the evidence, the original description given to the police by a potential eyewitness and the possibility of other identification evidence, eg CCTV footage.

See Advising suspects on identification procedures—checklist.

PACE Code D provides that the

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