QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE COLLINS
|DIRECTOR OF PUBLIC PROSECUTIONS||Defendant|
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Mr Martin Roberts (instructed by Crown Prosecution Service) appeared on behalf of the Defendant
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"where it is practicable to do so a record should be made of the witness's description of the suspect, as in paragraph 3 (1) (a), but before asking the witness to make an identification."
It also provides in subsequent paragraphs of paragraph 3 (2) as to what should be done by officers involved following an informal identification of this or other kinds without the usual protections of the formal identification process that can be arranged at a police station. In particular, paragraph 3 (2) (e) provides:
"the officer or police staff accompanying the witness must record, in their pocket book, the action taken as soon as, and in as much detail, as possible. The record should include: the date, time and place of the relevant occasion the witness claims to have previously seen the suspect; where any identification was made; how it was made and conditions at the time, (e.g. the distance the witness was from the suspect, the weather and the light); if witness's attention was drawn to the suspect; the reason for this; and anything said by the witness or a suspect about the identification or the conduct of the procedure."
As I have said, it is common ground that the officer failed to make any such note. It is that failure that the Judge found to be a breach of the Code.