Source: All England Reporter
Publisher Citation: [2002] All ER (D) 429 (Mar)
Court: Administrative Court

Silber J

Representation Philip Head (instructed by Nelsons, Nottingham) for the appellant.
  Mark Hurd (instructed by the Crown Prosecution Service, Leicester) for the respondent.
Judgment Dates: 27 March 2002


Criminal evidence - Identity - Visual identification - Police officer - Defendant disputing identification and requesting identity parade - Police failing to hold identity parade - Police officer making identification acquainted with defendant - Prosecution failing to take statement from visiting police officer present at time of visual identification - Whether provision of code of practice requiring identity parade applying where suspect had previously been positively identified - Whether evidence of police officer making identification to be excluded - Code of Practice for the Identification of Persons by Police Officers, para 2.3 - s 78.

The Case

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