During a criminal investigation, the police will look for potential witnesses. Some of these witnesses may be eye-witnesses that is, persons who claim to have seen the crime or the person who committed it and can possibly identify the perpetrator. These types of witnesses are very valuable to an investigation as eye-witness evidence can be very convincing. However, eye witnesses can also be mistaken. All of us, at least once, had the uncomfortable experience of approaching someone believing them to be some family member or friend, only to realize that you were wrong. In acceptance of this reality, the law and policing practice have established a framework and procedures to allow for the testing of a potential eye-witness’s ability to identify suspects.
What are the procedures?
There are different procedures available to the police that allow them to test the ability of the potential eye-witness to positively identify the suspect. These include identification parades, identification at a public or private place, confrontation and/or verification. Let’s examine the process for conducting an identification parade.
Identification Parade
An identification parade is placing the suspect in a “line-up” with at least eight other persons who resemble him or her, as far as is possible, in terms of race, colour, age, height and general appearance. The persons who form the parade should be wearing similar type clothing as well. These requirements are necessary to ensure fairness in the procedure and to avoid the suspect from standing out.
An example of this can be where the suspect is dressed in short pants and slippers but the rest of the persons on the parade are in long pants and shoes. A more glaring example may be where the suspect is of one ethnicity or race while the others are of another. There may be situations where the suspect has a unique characteristic such as a scar or a bald spot. In these situations, the officer conducting the parade should make arrangements to have such characteristics concealed or covered so they do not stand out to the witness.
Before the Identification Parade
The officer conducting the parade must be the rank of an inspector or above. Before a suspect is placed on the parade, he or she should be informed of the crime being investigated, the right to a representative and that witnesses will be called to attempt to identify the perpetrator in connection with the offence.
If the suspect elects to have a representative, this can be a family member, friend or attorney at law. If they are unable to retain a representative or refuse to have one, a Justice of the Peace is required to be present. The representative is there to seek the suspect’s interests and observe the identification, not to interfere or obstruct the process. The identification parade should never be conducted in the absence of a representative or a Justice of the Peace.
Do I have to agree to being placed on an Identification Parade?
No. If you are arrested and the police desire to place you on an identification parade, they are required to tell you such. Additionally, you should be warned that refusal to participate in the parade can result in the witness(es) being brought to confront you in a cell or another place.
Conducting of the Identification Parade
At the parade, certain persons are not allowed to be present such as, officers involved in the investigation of the crime and witnesses who are awaiting their turn to participate in the parade. A witness should never see a member of the parade, including the suspect, before the parade is conducted.
Upon entering the identification parade room, the identification parade officer should explain the procedure to the suspect and caution him/her ‘you do not need to say anything unless you wish to do so but what you say may be put in writing and given in evidence’. The suspect should also be allowed to object to any of the arrangements of the parade or any of the other participants in it. They may also select a position in the parade line. They can also change that position as well as their clothing after each witness has taken part in the parade. Noteworthy, the suspect is allowed to get advice from their representative.
The parade officer will cause the witness(es) to enter the parade room one after the other but never at the same time. Each witness will be required to state briefly what he/she saw in connection with the crime but they must be told that the suspect may or may not be on the parade line and if they cannot make a positive identification they should say so. The witness can take as much time as needed. If the witness identifies the suspect, the witness should explain what role the suspect played in the commission of the crime. The identification parade officer should then notify the suspect and the representative that a positive identification was made and caution the suspect before handing them over to the investigator.
Conclusion
An identification parade has been held to be the most desirable of the identification procedures and really should only be departed from in certain circumstances such as the suspect’s refusal to be placed on one or where it is impracticable to conduct one. Whether you are arrested and is subject to an identification parade or you were elected to be a representative for someone, it is important to know what should and should not happen in such a situation.
Submitted by:
Darryl Douglas
Public Defender II Junior
Public Defenders’ Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email:
Website: www.laaa.org.tt
