Even Better Than the Real Thing? The Case for Reform of Identification Procedures
| Author | Yvette Tinsley |
| DOI | 10.1177/136571270100500202 |
| Published date | 01 March 2001 |
| Date | 01 March 2001 |
| Subject Matter | Article |
Even better than the
real
thing? The case for reform
of identification
procedures
By
Yvette
Tinsley
Victoria University
of
Wellington, New Zealand
dentification evidence is widely thought to be a major cause of
miscarriages of justice. In England and Wales it is estimated that
eyewitness identification evidence plays an important role in one quarter
of contested cases and is a less important part of the evidence in a further
20
to
25%
of cases, and it seems probable that a similar pattern is found in other
jurisdictions. It is vital, therefore, that the most appropriate and reliable
procedures for collecting eyewitness evidence are used. Identification procedures
are governed by the Police and Criminal Evidence Act
1984
Code of Practice
D,
which could be said to be a model of the protective principle in its detailed
procedural guidelines. Under Code of Practice
D
2.1.
the police may choose from
four methods of identification in cases where a suspect is
known
to the police:
the identification parade, a group identification, a video film,
or
a confrontation.
The parade is the preferred method of identification, because it is thought to
produce the most reliable evidence by allowing witnesses to see the suspect in a
live setting with others who are similar in appearance.
Between
1993
and
1996
the author conducted interviews with
100
suspects and
witnesses involved in procedures in the West Midlands. Over
150
parades were
observed in Birmingham and Manchester during the same period. When
combining the data from both the study on witnesses and that on suspects, the
overwhelming majority of procedures were identification parades. Out of the
100
procedures that went ahead,
96
involved identification parades, one was a
group identification, and three were confrontations. It was found that, in general.
Code
D
is working well within its
own
terms: it gives a high level of protection to
the suspect by way of routine procedures, and these are largely adhered to by the
THE INTERNATIONAL JOURNAL OF EVIDENCE
&
PROOF
99
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