DISCLOSURE AND IDENTIFICATION ISSUES DISCLOSURE ISSUES REASONABLE LINES OF ENQUIRY In conducting an investigation the investigator should pursue all reasonable lines of inquiry whether these point towards or away from the suspect Code of Practice CPIA paragraph 35 ID: 287297
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POLICE BODY WORN CAMERA:DISCLOSURE AND IDENTIFICATION ISSUESSlide2
DISCLOSURE ISSUESSlide3
REASONABLE LINES OF ENQUIRY
In conducting an investigation, the investigator should pursue all reasonable lines of inquiry, whether these point towards or away from the suspect- Code of Practice CPIA paragraph 3.5
Reasonable enquiries might involve a trawl for bodyworn camera evidence (akin to CCTV trawl or ANPR trawl etc) Slide4
RETENTIONIt is important that bodyworn camera evidence is preserved for a reasonable period of time on the basis that it might become relevant material in
any
criminal investigation
Criminal investigation in respect of which the officer with bodyworn camera is in attendance or another investigation Slide5
ABUSE OF PROCESSThe criminal proceedings might be stayed for abuse of process if relevant bodyworn camera evidence is destroyed
The burden of proof is on the defence to prove that a fair trial is not possible
In any event, opportunities to bolster the prosecution case will be lostSlide6
RELEVANT MATERIAL Once bodyworn camera footage is identified as relevant to an investigation, it must be retained by the investigator (Code of Practice CPIA paragraph 5.1)
Retention for the time periods in paragraphs 5.7- 5.10: NFA decision/ acquittal or 6 months after conviction or on the defendant’s release from custody (if later than 6 months after conviction )
All relevant footage must be scheduled on MG6C
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EVIDENTIAL FOOTAGEPage 16 National File Standard (part of Director’s Guidance on Charging)
Copies of the footage must accompany the prosecution file and be served as Initial Details of the Prosecution Case (IDPC) i.e. first appearance
Nothing is more likely to trigger an admission and a guilty plea than the inclusion of this
Any footage that establishes the offence should be shown to the suspect in an interviewSlide8
IDENTIFICATION ISSUESSlide9
PITFALLSWhere identification is in issue (or might be in issue) in the criminal prosecution, extreme care must be taken where it is intended to show the footage to witnesses Slide10
NO KNOWN SUSPECT (1)The bodyworn camera footage is akin to CCTV. There will be occasions where it is appropriate to show the footage to persons (usually police officers) for the purposes of recognition
This must be done in accordance with PACE Code D 3.34- 3.37Slide11
NO KNOWN SUSPECT (2)D3.34- 3.37: persons must view the footage individually; no collusion; no names should be suggested; a contemporaneous record should be made of the viewing on which the court can gauge the reliability of the recognition
Wherever possible, avoid showing the footage to eye witnesses: the weight to be attached to any subsequent positive identification at parade will be reducedSlide12
KNOWN SUSPECTThe footage can be shown to persons who are not non-eye witnesses for the purposes of recognition even where there is a known suspect (i.e. at stage where there is sufficient evidence to arrest a suspect). Viewing procedure must comply with D3.34- 3.37
At known suspect stage, the footage must not be shown to eye witnesses Slide13
ANY QUESTIONS