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R v Ryan

The Times Law Reports Cited authorities 4 Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date13 October 1999
Date13 October 1999
CourtCourt of Appeal (Criminal Division)

COURT OF APPEAL Criminal Division

Regina
and
Ryan

Criminal evidence - identity parade - doubts resolved

Identity parade confusion

For the avoidance of doubt over recently reported identity parade cases, it was reiterated that the decision in R v PopatTLRUNK (The Times April 10, 1998; (1998) 2 Cr App R 208) was correct and was to be preferred to the decision in R v ForbesTLR (The Times May 5, 1999).

In Popat it was held that the police were not required to hold an identity parade where a suspect had been properly identified by a witness. In Forbes the decision in Popat was criticised and not followed.

The Court of Appeal, Criminal Division (Lord Justice Rose, Mr Justice Brian Smedley and Mr Justice Penry-Davey) so stated on October 11 when dismissing the appeal of Malcolm Joseph Ryan against his conviction on October 30, 1998 at Liverpool Crown Court (Judge Adrian Smith) of, inter alia, conspiracy to commit arson with intent to endanger life, on which he was sentenced to five years imprisonment.

LORD JUSTICE ROSE said that no identification parade had been held, and one submission was there had been a breach of Code D:2.3 of the Police and Criminal Evidence Act 1984 (s.66) Codes of Practice.

Following the criticism of Popat in Forbes substantial criticism of Forbes was advanced in R v Popat (No 2)TLR (The Times September 7, 1999).

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