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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...

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Eyewitness Identification under PACE Code D: Video, Parade, Group, Street and Photo Procedures; Triggers, Practicality and Case Law (England and Wales)

Practice notes
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Identification procedures

In every criminal case the prosecution must establish the identity of the individual who committed or participated in the Commission of an offence. Visual identification is the most frequent means of identification, yet it is also the most troublesome because such evidence can be unreliable, even when an eyewitness sincerely believes they have identified the correct person. The procedures governing eyewitness identification are set out in Code of practice D to the Police and Criminal Evidence Act 1984, known as PACE Code D. Those procedures generally do not extend to matters of recognition. See Practice Note: Challenging visual identification evidence. They are intended to assess how reliably a witness can identify a suspect and to provide Safeguards against mistaken identification. The process adopted will differ according to whether the suspect is:

  • known and available
  • known but not available
  • not known

References to a suspect being 'known' mean there is sufficient information available to the police to justify arresting a particular person, and known to them already...

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