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Royal Mail
Royal Mail Internal Information
Criminal Investigation Team
7.9 Suspect Identification Evidence
Version 1.0 Final
March 2011
Review Date: March 2013
Ray Pratt
Head of Investigations Policy & Standards
Royal Mail curity
Mobex
Mobile
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Contents
Key Accountabilities
1. Introduction
2. Identification of Suspects by Witness’ Description
3. Cases when the Suspect’s Identity is “Not Known”
4. Cases when the Suspect’s Identity is “Known”
Change Control
Glossary
or
Key Accountabilities
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Who is
accountable? I do?
What do I have to I When do I have
to do this?
How do I do
this?
All members
of Royal
Security
Mail I with these
procedures
Ensure you comply I Ongoing
As detailed
within these
procedures
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Suspect Identification Evidence
1
1.
1
Introduction
These Procedures and Standards deal with the identification of
suspects and include the following matters;
1.1.1 The records which need to be retained when potential
witnesses give their initial description of suspects.
(See Section 2.)
1.1.2 The processes to be followed by Investigators if the
identity of the suspect is “Not Known” to them. (See
Section 3.)
1.1.3 The Identification procedures available to the Police
when the identity of the suspect is “Known”. (See Section
4.)
In England and Wales the identification of suspects is dealt
with in the Police and Criminal Evidence (PACE) Act 1984 Codes
of Practice (CoP) Code D. In Northern Ireland it is the Police
and Criminal Evidence (Northern Ireland) (PACE (NI)) Order
1989, CoP Code D. In Scotland there are no such codes but
these Procedures and Standards should be seen as best practice
to ensure that the identification of suspects is not
compromised by mistaken identity.
Identification of Suspects by Witness’ Description
Whenever a potential witness first describes a suspect not
known to them, a record must be made of the suspect’s
description. Investigators are reminded of the “10 Point
Person Description” which can be found in Appendix 2 to P&S
5.4 Managing the Witness and Structure and Content of Witness
Statements.
Paragraph 3.1 of Code D of the CoP require that the record of
a witnesses’ first description must;
2.2.1 Be made and kept in a form which enables details of
that description to be accurately produced from it, ina
visible and legible form, which can be given to the
suspect or the suspect’s solicitor in accordance with the
CoP.
2.2.2 In addition, unless otherwise specified, must be made
before the witness takes part in any identification
procedures.
Fundamentally unless the witness knows who the suspect is,
then before they assist in the identification of that suspect
they must have given a description and that description must
have been recorded.
Cases when the Suspect’s Identity is “Not Known”
In cases where the suspect’s identity is not known a witness
may be taken to a particular neighbourhood or place (which
could include RM premises), to see if the suspect can be
identified. This is sometimes referred to as a “Street
Identification” and can only be used when the identity of a
suspect is not known. In addition in Scotland before embarking
on such a procedure the Police always obtain the advice of the
Procurator Fiscal’s office.
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3.2 It is foreseeable that this procedure could be used to
identify an unknown member of staff by taking a witness to a
RM premises if other methods, such as examining duty sheets or
vehicle logs, have failed. It could also be used to identify a
team of street robbers. However to prevent mistaken identity
strict rules are applied to this procedure and these are
detailed below;
3.2.1 A full description of the suspect(s) must be made by
the witness before commencing this procedure in
accordance with Section 2 above.
3.2.2 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. This would be if it 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.
3.2.3 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.
3.2.4 Once there is sufficient information to justify a
suspect approach or the arrest of a particular individual
for their suspected involvement in the offence, e.g.,
after a witness makes a positive identification, the
suspect then becomes “Known” and the procedures set out
in Section 4 below apply. That is to say any other
witnesses in relation to that suspect must follow the
identification procedures for a known suspect and if
their identification is required, police assistance
should be requested.
3.2.5 The Investigator accompanying the witness must record,
in their official notebook, the action taken as soon as,
and in as much detail, as possible. The record should
include;
a. The date, time and place of the relevant occasion the
witness claims to have previously seen the suspect;
b. Where any identification was made;
c. How it was made and the conditions at the time (e.g.
ADVOKATE) ;
d. If the witness’ attention was drawn to the suspect and
the reason for this;
e. Anything said by the witness or the suspect about the
identification or the conduct of the procedure.
3.3 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 Investigator or 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
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a witness to obtain identification evidence must be done in
accordance with Annex E of Code D of the CoP.
Cases when the Suspect’s Identity is “Known”
If the suspect’s identity is “known” to the Investigator or
Police but they dispute the identification given by witnesses,
then the identification procedures set out in this section may
be used. Due to the strict conditions imposed on identity
parades it is not possible for RM Security Investigators to
undertake them and Police assistance must be requested. As
such these procedures give an overview of the “known” suspect
identification procedures, the full requirements are detailed
in Code D of the PACE and PACE(NI) CoP.
References in this section to a suspect being “known” mean
there is sufficient information known to the Investigator or
Police to justify a suspect approach or the arrest of a
particular person for suspected involvement in the offence. Of
course to undertake these procedures the suspect must be
“available”. 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;
4.2.1 Video identification, including, “Video Identification
Parade Electronic Recording” (VIPER);
2 Identification parade; or
2.3 Group identification.
4.3 Video Identification. A video identification is when the
witness is shown moving images of the suspect, together with
similar images of others who resemble the suspect. A system
called VIPER is now in widespread use by Police Forces in the
UK. VIPER has a massive database of images of people, allowing
images of the persons similar to the suspect to be selected for
use in the identification. Having access to VIPER realises
considerable savings in Police resources, as they no longer
need to source volunteers to attend identification parades. In
fact in Scotland VIPER has been adopted as the only means of
conducting identification. Video identifications must be
carried out in accordance with Annex A to Code D of the CoP.
Identification Parade An identification parade is when the
witness sees the suspect in a line of others who resemble the
suspect. Identification parades must be carried out in
accordance with Annex B to Code D of the CoP.
Group Identification. A group identification is when the
witness sees the suspect in an informal group of people. Group
identifications must be carried out in accordance with Annex C
to Code D of the CoP.
Identification Officer. The responsibility for conducting an
identification detailed in the three paragraphs above is that
of the Identification Officer who must be a Police Inspector or
above who is not involved in the investigation. These
responsibilities can be delegated as long as the Identification
Officer supervises the procedure effectively. The Investigators
in the case should not take part in the identification.
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4.7 Notice to Suspect. The suspect will be informed of their legal
rights and be given a notice explaining them by the Police. A
suspect’s legal rights are explained in detail at paragraph
3.17 of Code D.
4.8 Suspects who will not make themselves “Available”. If suspects
will not agree to cooperate with a identification procedure, or
otherwise make themselves unavailable, then arrangements can be
made;
4.8.1 For the suspect to be made the subject of a Video
Identification. (Paragraph 4.3 above.) The police are able
to obtain video footage covertly or use still photography
available to them, or:
4.8.2 Arrangements can be made for a Group Identification.
(Para 4.4 above) or;
4.8.3 The Identification Officer may arrange for the suspect
to be confronted by the witness if no other identification
procedure is available. A confrontation is when the
suspect is confronted directly by the witness.
Confrontations must be carried out in accordance with
Annex D to Code D of the CoP.
4.9 Scotland. Investigators should note that in Scotland under
Section 267B of the Criminal Procedure (Scotland) (CP(S)) Act
1995 (as amended) the prosecutor can apply to the court for an
Order requiring the accused to participate in identification
procedure. Also Section 290 of the CP(S) gives the accused the
right to request an identification procedure.
Change Control
Final
1.0
Ray Pratt
Michael F Matthews
March 2011
Internal
Authorisation
bs
Security Ray Pratt March 2011
Distribution List
All Royal Mail Security via vi March 2011
Security Sharepoint
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Documentation History
POL00104865
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vel
Final
Mar 2011
Mar 2011
Document Change History
vi Document Produced
Glossary
PACE
Police and Criminal Evidence Act 1984
PACE (NI) Police and Criminal Evidence (Northern
Ireland) Order 1989
CoP Codes of Practice
cP(S) Criminal Procedure (Scotland) Act 1995
Document Summary
If you have any queries please contact:
Mick F Matthews
Royal Mail Security
6A Eccleston st
LONDON
SW1W SLT
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