The procedure for Identification
Parade is as follows:
(a)
The
suspect is paraded together with about eight people of similar height, stature,
age, colour, facial look, and other physical features and the victim or witness
is allowed to identify the suspect among the assembled persons. If the suspects
are more than one, the number of persons to be assembled for the parade may be
increased to twelve.
(b)
The
victim or witness must not be allowed to see the suspects or have advance
knowledge of how the suspects look like or know the position of the suspects in
the parade, before the parade is conducted.
(c)
The
victim or witness must not be assisted in identifying the suspects either by
pointing at them or showing the victim or witness the pictures of the suspects
before the parade is conducted.
(d)
The parade should be conducted under supervision of
a Superior Police Officer who himself should not be part of the exercise.
(e)
At the end of the exercise, the Superior Police
Officer writes a report and fills the requisite forms.
(f)
The
report must be signed by 2 police officers i.e. the officer who makes the
entries and the officer who conducts the parade.
Again, the procedure for
identification parade is to arrange persons with
similar characteristics and with same physical build for the victim to pick out
the perpetrator from among several persons. The police are to arrange as many persons
as possible (at least 8. Where there are 2 suspects, the police are required to
increase the minimum number of persons to 12. The accused person(s) must be
given the choice as to where he/they can stand in line without the witness
knowing this.
An identification parade should parade the suspect and other innocent
persons of about the same height, dressed in the same manner with nothing to
distinguish the suspect from the other innocent persons paraded and allow the
witness, unfettered and unaided to pick out the suspect whom he had earlier
described to the police.
An identification parade should be conducted in the police station. The
number forming the parade should not be less than 8 persons where a single
suspect is to be identified and not less than 12 persons where 2 persons are to
be identified.
For a proper identification parade to be done there is a laid down
procedure. The suspect must be assembled together with persons of similar
height, structure, colour, facial expression and other physical features. The
victim or witness is expected to identify the suspect among the assembled. The
police must not in any way help the victim or witness in identifying the
suspect: Ani v State.
Identification parade is usually done at the police station. It is not
in all cases that an identification parade is necessary. It is only essential
where the identity of the suspect is in doubt or in issue or where the victim
encountered the suspect for a brief period during the commission of the crime.
For emphasis, identification parade is not necessary:
a)
Where
the accused is well known to the victim;
b)
Where
the suspect was arrested at the scene of crime;
c)
Where
the suspect claims alibi;
d)
Where
the suspect confesses to the crime;
e)
Where
an eye witness witnessed the crime,
f)
Where
the accused was seen committing the crime
On the other hand, identification parade is necessary:
a)
Where
the victim did not know the accused before the commission of the crime, and the
first acquaintance with him was during the commission of the offence;
b)
Where
the victim was confronted by the accused for a very short time and
c)
Where
the victim due to time and circumstances could not see the features of the
accused clearly or might not have had the opportunity of observing the features
of the accused.
Please note that 8 people are to be paraded where a
single accused is being sought for and 12
where 2 accused persons are being sought for.
Note that failure to
caution or observe laid down procedure for identification parade does not
render the evidence inadmissible but goes to the weight to be attached to such
identification parade.
© Onyekachi Duru Esq and www.legalemperors.com, 2016. (All Rights Reserved) Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Onyekachi Duru Esq and www.legalemperors.com with appropriate and specific direction to the original content.
© Onyekachi Duru Esq and www.legalemperors.com, 2016. (All Rights Reserved) Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Onyekachi Duru Esq and www.legalemperors.com with appropriate and specific direction to the original content.