Challenging visual identification evidence


Produced in partnership with Ella Lucas of 2 Hare Court
Practice notes

Challenging visual identification evidence


Produced in partnership with Ella Lucas of 2 Hare Court

Practice notes
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Breach of PACE Codes of Practice

The arrangement and conduct of Identification procedures are governed by the Police and Criminal Evidence Act 1984 (PACE 1984) Codes of Practice, Code D, known as PACE Code D.

A breach of PACE Code D will occur if:

  1. •

    the police fail to hold an identification procedure in circumstances where they are required to do so (ie when identification is in dispute and an identification procedure would serve a useful purpose), or

  2. •

    when conducting an identification procedure, the police fail to observe the procedural Requirements

The procedural requirements for each identification procedure are set out in the Annexes to PACE Code D.

See Practice Notes: Eyewitness identification evidence and Advising a suspect on identification procedures.

Identification evidence obtained in breach of PACE Code D may form the basis of an application to exclude under PACE 1984, s 78. See Practice Note: Exclusion of unfair evidence in criminal proceedings and also Preparing a PACE 1984 s 78 application for breach of Code D—checklist.

A breach of PACE Code

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Identification definition
What does Identification mean?

A concept in defamation cases which obliges the claimant to prove that a defamatory statement refers to him, either explicitly or implicitly.

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