Code D: Code of Practice for the Identification of Persons by Police Officers

Code D governs the procedures used by police to identify suspects, including video identification, identification parades, group identification, and confrontation. It also covers the taking of fingerprints, samples, footwear impressions, and photographs from persons in police custody or elsewhere. The code is designed to ensure that identification procedures are conducted fairly, minimising the risk of mistaken identification, which is a well-recognised cause of miscarriages of justice. Its provisions balance the interests of the investigation with the rights of suspects and the integrity of any subsequent proceedings.

Key Sections

1 Introduction: Explains the purpose of the code: to ensure that identification procedures are conducted in a way that is fair to the suspect and that safeguards against mistaken identification, which is one of the most common causes of wrongful conviction.

2 General: Sets out when identification procedures should be offered or held. Where the suspect's identity is not known, a witness description should be recorded before any attempt at identification. Where a suspect is known but denies involvement, a formal procedure must usually be used.

3 Identification by witnesses: Video identification is now the preferred method and must be offered to the suspect in the first instance. Identification parades, group identification, and confrontation are alternatives. The suspect has the right to have a solicitor or friend present. The investigating officer must not be involved in organising the procedure.

4 Identification by fingerprints and footwear impressions: Sets out the powers to take fingerprints and footwear impressions with or without consent, including the power under section 61 of PACE to take fingerprints without consent from a person detained at a police station. Retention and destruction of fingerprints and DNA is governed by complex rules under the Protection of Freedoms Act 2012, which amended PACE to allow retention in certain circumstances even without conviction.

5 Examinations to establish identity and the taking of photographs: Covers the power to photograph detainees and to examine their skin for marks, scars, or tattoos. Photographs may be taken without consent from a person who has been detained. All such records are subject to retention rules under the Police and Criminal Evidence Act and the Protection of Freedoms Act 2012.

6 Taking of samples: Distinguishes between intimate samples (blood, semen, dental impression) which require written consent and a senior officer's authorisation, and non-intimate samples (hair, saliva, fingernail, skin swab) which can be taken without consent under section 63 of PACE. DNA profiles are retained on the National DNA Database subject to statutory rules.