Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Identification definition

What does Identification mean? In defamation (libel and slander), identification is the requirement to show that the publication would be understood to refer to the claimant. The claimant must prove that at least one recipient who knows them would reasonably take the words or images as “of and concerning” them—whether named explicitly or identifiable implicitly. Identification is a case law concept rather than a statutory definition, and is applied broadly consistently across England & Wales, Scotland, Northern Ireland and Ireland. It does not require naming: a description, photograph, online handle, job title, role, location, or other particulars may suffice, including “jigsaw” identification or an innuendo...

Challenging visual identification evidence: PACE Code D breaches, CCTV recognition, dock identifications, Turnbull directions, PACE s 78 exclusion, and submissions of no case to answer (England and Wales)

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Practice notes

This Practice Note outlines the tests a court applies when deciding if visual Identification evidence should be ruled inadmissible at trial. It highlights typical infringements of the Police and Criminal Evidence Act 1984 (PACE 1984) Code of Practice D (PACE Code D) and sets out the principles governing the admissibility of dock identifications and recognition evidence.

Breach of PACE Codes of Practice

The setting up and conduct of identification procedures are regulated by the Police and Criminal Evidence Act 1984 (PACE 1984) Codes of Practice, Code D, commonly referred to as PACE Code D. A breach of PACE Code D arises where:

the police do not arrange an identification procedure in circumstances requiring one (that is, where identity is disputed and such a procedure would be of practical value), or
having initiated an identification procedure, the police fail to comply with the prescribed procedural Requirements

The detailed procedural rules for each form of identification procedure appear in the annexes to PACE Code D. See Practice Notes: Eyewitness identification evidence and Advising a suspect on identification procedures. Identification evidence obtained in contravention of PACE Code D may found an application to exclude under PACE 1984, s 78...

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Web page updated on 21/05/2026

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