Identification Evidence: Rule, Principle, Discretion and Reform of Code D following Forbes

Abstract

This article was written prior to the publication of the Police and Criminal Evidence Act 1984 (Codes of Practice) (Temporary Modifications to Code D) Order 2002, which came into force on 1 April 2002. It concerns paragraph D2.3 of the Police and Criminal Evidence Act 1984, Codes of Practice, now replaced by the temporary provisions, which sets out the circumstances in which the police were required to conduct an identification parade. It is suggested that the rule in paragraph D2.3 was not sufficiently flexible to perform the function required of it. The attempts of the Court of Appeal and the House of Lords to provide guidance on the application of this inadequately drafted provision in th..