Operational partnerships - Identification procedures SOP (Q01d)

1. Summary of changes

1.1. This standard operating procedure was reviewed in January 2023 – a minor amend was made to the opening times of the ID suite in paragraph 3.31.

2. What this procedure is about

2.1. This guidance concerns the methods by which Kent Police will deal with the visual identification of a suspect by witnesses in accordance with the legal rules governing the subject (PACE, Code D). Code D of PACE is available on the Police National Legal database.

Compliance with this SOP and any governing policy is mandatory.

3. Detail the procedure

3.1. Appointments are booked via the procedure booking system on inSite, under 'Tools' and 'ID Suite Booking System'. It is advisable to print the user guide to help navigate the system. However, staff at the suite are available to advise if necessary.

3.2 All documents required will be generated during the booking progress. 

3.3 Once a suspect has consented to the identification procedure, arrangements are made to capture the suspect's moving image. 

3.4 A letter is available, which should be given to the suspect, once ID papers have been served, before that person leaves custody. Either a travel warrant or travel arrangements using police transport is to be offered to the suspect to enable him or her to attend the Identification (ID) Suite. If these offers are refused, then the suspect will be expected to attend at their own expense.

3.5 ID Suite staff will arrange booking for the witnesses to view the procedure.

3.6 Before booking the appointment it will be the responsibility of the officer in the case (OIC) to consider whether the witness or suspect has any religious or cultural requirements. They should also consult the festival calendar available on each division to ensure that where possible an appointment is not booked on a day that is inappropriate to the individual(s) it is being made for.

3.7 If the OIC is made aware of any religious, cultural or other specific requirements they must notify the Force Identification Officer (FIO) of these when the booking is made.

3.8 To preserve the integrity of the procedure and avoid the possibility of collusion between witnesses, all witnesses should attend the same appointment. A letter for the witnesses is available.

3.9 The ID Suite has full access for suspects who are disabled or suffer from restricted mobility.

3.10 There is also full access for witnesses who are disabled or suffer from restricted mobility. It is the responsibility of the OIC to notify the ID Suite if a witness may need reasonable adjustments to be made. Refer to paragraph 3.15 for guidance regarding viewings at locations other than the ID Suite. The ID Suite staff can then advise when it will be possible to resource a witness showing.

3.11 It is the responsibility of the OIC to arrange and ensure the attendance of any appropriate adults and/or interpreters required by suspects or witnesses.

3.12 Appropriate adults must not also be witnesses.

3.13 The division requiring the identification procedure will pay interpreters’ fees.

3.14 The ID Suite staff will be able to advise if an OIC has a case with unusual circumstances.

Procedures conducted at locations other than the identification suite 

3.15 In certain circumstances, both suspects and witnesses may be dealt with at locations away from the ID Suite.

(i) in exceptional cases, for reasons such as security, ID Suite staff may attend locations such as Crown Courts to create the video identification for a suspect who has consented to the procedure. Such attendance will be subject to the availability of staff and access being given to the rooms required for the procedure to be completed

(ii) similarly in exceptional cases witnesses can view the identification procedure at places other than the ID Suite, for example, their home address. Again this will be subject to the availability of staff. If the location is to be a police station then access must be granted to any rooms required

3.16 As a legal representative is entitled to be present when a witness views a procedure, if the location is to be a witness's home, then the witness must be prepared to have their address disclosed and to admit the legal representative.

3.17 In any case, if either (i) or (ii) above is being considered the ID Suite must be contacted as early as possible in the investigation.

Emergency procedures 

3.18 Such procedures are defined as procedures conducted for:

• serious indictable only offences (for example murder, manslaughter, rape and kidnap)
• identification evidence is essential to obtain sufficient evidence to charge and will take the evidence through the charging threshold test
• due to the circumstances of the case the person will not be bailed

3.19 An emergency procedure will be conducted at the discretion of the ID Suite, which must be consulted at the earliest reasonable opportunity by the OIC.

3.20 The ID Suite will consider the circumstances of the case, the amount of work being undertaken by the ID Suite and the availability of ID Suite staff when making a decision about the possibility of conducting the procedure.

3.21 If the emergency procedure is to be conducted, every effort will be made to complete it within the 24-hour period of detention. If this is not possible the case must be such that additional periods of detention can be granted. The OIC will be expected to meet the timescale given by the ID Suite.

3.22 The custody suite at Medway Police Station must be informed when a detainee from another division is being conveyed to Medway for the purposes of an identification procedure.

3.23 All overtime and travel costs for ID Suite staff will be charged to the division requesting the emergency procedure.

E-Fit and suspect identification systems (SIS) packages

3.24 Trained staff at the ID Suite will compile all E-fits and SIS packages, which are photograph albums compliant with PACE Code D (Annex E), and associated documentation.

3.25 Any officers requiring E-fits or SIS packages are to send an e-mail to 'ID Suite - mailbox', which will include the following details:

• officer in case
• division
• contact number
• crime report reference
• witness details, including contact telephone number

3.26 Officers should note that an E-fit, if required, should be made before a witness views any SIS package. Best practice would also dictate that a first description is obtained from the witness, as required by Code ‘D’ of the codes of practice, prior to the E-fit being compiled.

3.27 E-fits will be compiled as soon as practicable after the application is received and subject to staff availability.

3.28 If, due to the circumstances surrounding the investigation, overtime is incurred by ID Suite staff, this will be charged to the division requesting the procedure.

3.29 E-Fit compilations will usually be made at the witnesses local police station or home address.  

3.30 The ID Suite staff will be able to advise if an OIC has a case with unusual circumstances; such as historic investigations where the identification may relate to how a suspect looked several years ago, rather than their current appearance. Please contact the ID Suite staff for advice if there is any query regarding a potential procedure.

3.31 The ID Suite operating hours are: 

• Monday and Tuesday: 8am to 9pm
• Wednesday to Friday: 8am to 4pm

The Identification team are available on call-out on Saturday and Sunday and other times outside of the planned hours. The contact numbers for the ID Suite are available on the telephone directory.

4. Equality Impact Assessment (EIA)

4.1. An EIA has been carried out and as a result of this assessment this SOP has been assessed as having a medium potential impact.

5. Risk assessment

5.1. This SOP has been assessed as low risk.

6. Consultation

• ID Suite Staff
• Northfleet Response
• West Kent Divisional Support Unit
• Medway Public Protection Unit
• Sevenoaks / Swanley
• Neighbourhood Policing, Margate
• Human Resources
• Estates
• IT Security
• Health and Safety
• Equality and Diversity
• Legal
• Freedom of Information
• Police Federation
• Unison

7. Monitoring and review

7.1. This procedure will be monitored by the policy owner who also has oversight of the practical delivery of custody. The next scheduled review is for January 2025.

7.2. Management information is collated each month by the Identification Suite manager. This is submitted to the Head of Custody for review and consideration of emerging trends and issues. This evaluation includes, but is not limited to the ratio of successful to unsuccessful procedures.

8. Other source documents

• APP - Detention and Custody
• Police and Criminal Evidence Act 1984
  

9. Security

9.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy.

10. Retention and disposal of records

10.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.