03-02 Identification_9886cba31c89765a4e5b75c8232dedb4.pdf

OFFICIAL Unit 3 Lesson 2...

OFFICIAL Unit 3 Lesson 2 Identification Learning Aim: The learner will be able to explain the different methods of identifying a person suspected of committing a crime or offence Learning Outcomes: On successful completion of the lesson, Introduction students will be able to:- Identification is the central strand of any criminal investigation. 1. Explain the guidance for obtaining You will attend calls each day regarding descriptions of suspects from witnesses crimes when you may be given a description of a suspect. However, in some cases it may be that no suspect was seen. In these 2. Explain the areas you should pay circumstances you will have to consider how particular attention to when noting you will be able to identify who has committed details of a suspect the crime or offence. This lesson will cover:- 3. State the principles regarding Identification procedures used to identification of suspect(s) by a witness establish the identity of a person seen at the location of a crime or offence (locus) who may or may not be known 4. Explain the provisions which might be personally to the witness(es), this may made for identification by child include descriptions from eye witnesses witness(es) as well as use of photographs and electronic facial identification How you verify the identity of the suspect as the offender Other methods used to establish and verify the identity of a suspect who may or may not have been observed by eye witnesses i.e. fingerprints and body samples. 1 th Amended 16 April 2024 v.7 OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification Guidance for Obtaining Detailed Descriptions Eye Witnesses Witnesses are of paramount importance to police investigations and the descriptions that they can supply will often result in identifying suspects. Careful and detailed interviewing of witnesses provides the basis from which further enquiries and possible identification can follow. It is important to remember that the first description given by a witness must be recorded accurately and in detail. You should:- Ensure the witness is willing to provide a statement (gender of officer noting statement should be considered for certain offences under the Victims and Witnesses (Scotland) Act 2014. This will be covered later in Unit 3) Be patient Do not prompt Allow the witness to describe in their own way or words but check that you understand fully what is being described Obtain as much detail as possible When asking for a description of a suspect, start at the head and work down the body to the feet taking a detailed description, if known. Or utilise the following:- A. Age (exact or approximate) B. Build (slim, medium, stocky, large etc.) C. Clothing and Possessions (glasses, hat, clothes, shoes, car, weapons/tools) D. Distinguishing Features (scars or tattoos, missing appendages) E. Elevation (height) F. Facial Features (facial hair, shape of face) G. Gait (how the suspect walks) H. Hair (colour and style) I. Identify ethnicity J. Jewellery (watches, rings, piercings) + P. Perceived Sex or Gender. 2 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification Notebook Example 1 NE RESTRICTED T12345 Monday 20th January 2020 Details of suspect for assault from witness 0900hrs A-23-25 years B-Medium Build C-Black ribbed beanie hat, black Nike top With small white tick on right chest Black Nike jogging bottoms with Small white tick on right pocket. Black Nike Trainers with white Nike tick on side D- Small scar right side above top lip. E- 5’6”-5’8 F-Clean shaven, pointed nose G-Slight limp with left leg H-Brown short hair at back, rest not seen as under hat. I- White European J-White watch on left wrist P- Male RESTRICTED 41 3 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification Notebook Example 2 NE RESTRICTED T12345 Monday 20th January 2020 Details of suspect for assault form witness 0900hrs White European Male, 23-25years old 5’6”-5’8” medium build. Clean shaven pointed nose. Small scar right side above lip. Brown hair short at back rest not seen as wearing black ribbed beanie hat Nike top small white tick on right pocket Black Nike jogging bottoms with small White tick on right pocket. Black Nike trainers with white tick. White watch on left wrist. Slight limp with left leg. RESTRICTED 42 4 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification Details of Suspects You must pay particular attention to the following areas when involved in noting descriptions for identification processes:- Time For how long was the suspect observed? Distance From what distance was the suspect observed? In what conditions was the suspect observed? Light How good was the visibility when the suspect was observed? Has the accused been seen before? How long elapsed between observation and identification? Previously Seen If seen only occasionally, was the accused remembered for any particular reason? Was the observation clear or impeded? Is there any material discrepancy between the Observation description given to the police by the witness when first seen by them and the actual appearance of the accused when traced? 5 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification Activity 1 A1 You have just returned to the police station after attending a call at the Brookbank Village Store, Brookbank regarding a robbery. A man went into the store, assaulted the checkout operator, Sandra Petrie, and stole cash from the till. You obtained a description of the suspect as:- A man aged 30 - 35 years. 5ft 10ins - 6ft, slim, short blonde hair wearing blue jeans, red sweatshirt and "CAT" boots. He had a star tattoo on his right hand. From the description you suspect this may be Davie Johns who lives in Burnside Way, Brookbank. Using your learning so far, think of ways you may be able to identify Davie Johns as the suspect for this theft and consider what actions you would take. 6 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification Identification of a Suspect Identification by Photograph Where a suspect has not been charged, you may use photographs for the purpose of identification. Check local instructions, but the following principles should be adhered to:- 1. The witness should be shown a sheet of photographs containing 12 photographs, including the suspect’s photograph (example shown in Appendix A). 2. The other photographs should be of people of a similar age and appearance 3. The witness should be shown the sheet of photographs out with the presence of any other witness 4. The witness should be left to make a selection without help or consultation with any other person 5. The photographs should bear no marks which would enable the witness to select the suspect’s photograph 6. If identification is made, there must be no confirmation, negative or positive, to the witness that this was the person the officer believed was involved in the crime. Note the following within your police issue notebook as per Appendix B:- Date and time shown to witness along with the number of the picture selected A statement from the witness whether positive or negative Lodge as a production Key Information KI Prior to showing the witness a sheet photographs the following statement should be used: “The individual that you witnessed may or may not be within the album." 7 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification If a witness makes a positive identification from photographs, other witnesses should not be shown photographs but should be asked to attend some form of an identification parade. In exceptional circumstances where it is not possible to place the suspect in an identification parade, the Procurator Fiscal may direct that a book of photographs is shown to a second witness. This may provide additional evidence to justify the issue of a warrant for the arrest of the suspect. A record of any photos used in the identification of suspects should be kept and the photographs should be available for production in court if called for. You will be required to include these details in your statement as well as having a statement provided by the witness. Feedback 1 F1 Here are examples of things you may have considered:- Eye witnesses - can any of the witnesses at the locus identify the suspect by name or can you trace any witnesses who know Johns and can speak to what he was wearing on that day? Album of photographs Electronic facial identification (e-fit, pro-fit or cd-fit) Identification parade Fingerprints and palm prints. Did he touch anything in the shop, e.g. till or checkout area? CCTV from shop CCTV from street DNA CHS/PNC - check the Criminal History System and the Police National Computer for a match on description. 8 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification Electronic Facial Identification You will likely have seen e-fits, pro-fits and cd-fits on news bulletins or Crimewatch type programmes. A witness will be interviewed by a trained operator who will obtain a very detailed description of the suspect. The information obtained is fed into the e-fit, pro-fit or cd-fit system and an image of the suspect is produced. The witness will be given an opportunity to alter any characteristics of the image to produce a 'type likeness' of the suspect. This image is normally widely circulated to police stations and sometimes to the media in an attempt to establish the identity of the suspect. Video Identification Parades VIPER - Video Identification Parade Electronic Recording. A video identification parade is where a video image of the suspect or accused person is recorded under controlled conditions. Images of persons who, as far as possible, resemble the suspect or accused person in terms of age, build, dress and general appearance are selected from a central library of volunteers to form the rest of the parade. A video identification parade should always be the preferred means of identification when child witnesses or other vulnerable witnesses are involved as it removes the confrontational aspect of physically viewing the suspect or accused person in a line of other people. However, if there is a strong likelihood that the child or vulnerable witness will require the suspect to speak, or adopt a specific posture or movement, a video identification parade may then not be appropriate. In those circumstances, careful consideration must be given to holding a full identification parade. 9 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification Identification Parades In relation to serious incidents, an Identification Parade involving stand-ins can still be utilised. However, this is upon the request of the Procurator Fiscal or the Defence Agent. Professional Standards PS It is important that you are fully aware of the correct methods of identifying a suspect, as a wrong method may invalidate the evidence. You should familiarise yourself with the correct procedures and seek advice before using them. Key Information KI Don’t make assumptions as to who a perpetrator may be. It may not be the person you think. ALWAYS gather all the available evidence. Example:- In the robbery scenario in the Activity 1, you believed the suspect to be Davie Johns. The perpetrator may not be him; it may be someone similar in description to Davie Johns. Using fingerprints lifted from the till it may be possible to eliminate Johns quickly and direct your enquiries elsewhere. 10 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification Identification by Child Witnesses The Vulnerable Witnesses (Scotland) Act 2004 contains a provision to the effect that, following a formal identification, a witness may no longer have to make a ‘dock identification’ of an accused in court. Note:- A dock identification is where a witness identifies the defendant in the courtroom or in the dock as the accused. In these circumstances, the Crown can submit a report to the court naming the person identified by the witness from an identification parade, or other identification procedure. This evidence of identification will be accepted by the court unless it is challenged by the accused or their solicitor. Whilst this provision can apply to any witness, it will be of particular benefit to children and other vulnerable witnesses, as it makes a ‘dock identification’ unnecessary. A requirement that vulnerable witnesses may find distressing. Activity 2 A2 Your class instructor will now lead you through an identification activity. Feedback 2 F2 There is no formal feedback for this activity. Please refer to your notes. 11 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification Appendix A 12 4 8 11 3 7 10 2 6 1 9 5 Note:- This photobook has been prepared for training purposes. The format of this will look different in the operational environment but the principles of 12 photographs remain. 12 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification Appendix B Notebook Entry NE RESTRICTED T12345 Thursday 23rd January 2020_______________ 0700-1700hrs duty EC13 with PC Small 46 0750hrs Stephanie Jones (F)___________________________ (33) 16/05/1986_____________________________ @ Dunblane___________________________________ 15 Brookbank Avenue_______________________ Brookbank___________________________________ FK 55 3FZ___________________________________ 07791234567______________________________ No Email_____________________________________ Bartender- Red Lion, Brookbank____________ 0758hrs Attended at the above address to speak_______ to witness regarding assault and show image sheet with PC Small 46____________________ Production No: Album 01/20_________________ Jones shown witness album. Identified_______ No4 as the male responsible.__________________ 0800hrs I am the above named person and I reside _____ RESTRICTED 44 13 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification Appendix B Continued Notebook Entry NE RESTRICTED T12345 At the address provided. ___________________ About 0750 hrs, Thursday 23rd January__ 2020, Police attended my home address___ And asked me to view a sheet of images In relation to an assault I saw take place_____ I was given a sheet with photos on and left to Make my selection __________________________ Production No: Album 01/20 _________________ In regards to an assault that I witnessed__ on Wednesday 22nd January 2020._______ Upon viewing the witness album I can_____ confirm that the male within image No4__ was the male responsible for the assault___ within the Red Lion, Brookbank. _________ I thereafter signed the witness album to____ confirm this. I can confirm that this______ statement is a true and accurate record.__ S.Jones_____________________________________ RESTRICTED 45 14 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification For further information, use the resources shown below:- Legal Database:- Evidence Review: You can explain the guidance for obtaining descriptions of suspects from witnesses You can explain the areas you should pay particular attention to when noting details of a suspect You can state the principles regarding identification of suspect(s) by a witness You can explain the provisions which might be made for identification by child witnesses Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 15 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 2 Identification 16 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL