PACE 1984 Section 78 Applications to Exclude Identification Evidence for Code D Breaches: Practical Checklist (England and Wales)

Published by a LexisNexis Corporate Crime expert

Checklists

Checklist

This Checklist outlines the principal matters and actions practitioners should address when formulating an application under section 78 of the Police and Criminal Evidence Act 1984 (PACE 1984) to bar identification evidence owing to non‑compliance with Code of Practice D (PACE Code D). It also addresses relevant disclosure obligations, the relationship with the Turnbull guidelines and the Crown Court Compendium, and the court’s ongoing authority to exclude or confine identification evidence during the trial. For guidance on applications under PACE 1984, s 78 to exclude evidence, see the Practice Note: Exclusion of unfair evidence in criminal proceedings. For comprehensive advice on contesting identification evidence, see the Practice Note: Challenging visual identification evidence...

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Paul Ozin , KC

23 Essex Street

Paul Ozin KC specialises principally in the fields of financial and business crime, regulatory and disciplinary proceedings and related public law and civil actions. He is an established writer and speaker in those fields.He has particular expertise in defending and prosecuting in financial crime cases (including company, business, revenue, market related, advance fee, factoring, bribery and corruption, money laundering, confiscation and asset recovery). He is well placed to deal with the whole landscape of financial crime cases, with complementary expertise in regulatory and disciplinary proceedings including police and financial regulatory and disciplinary proceedings.He is appointed to the SFO's list of KCs. His past appointments include: Standing Counsel in crime to BEIS (Department of Business, Energy & Industrial Strategy); SFO's Panel of Advocates ' List A; CPS Panel of Advocates ' Level 4 (and appointment at level 4 to specialist panels: (i) Serious Crime Group panel (ii)...

Alex Mills

23 Essex Street

Alex Mills has a diverse criminal law (prosecution and defence) and regulatory law practice. In recent years he has represented or advised SFO, FCA, CPS, the Insolvency Service, the Metropolitan Police and defendants in a relation to criminal investigations, investigatory powers, criminal proceedings, confiscation and restraint. He has experience of the Money Laundering Regulations. His regulatory practice is divided between representing the regulators of financial professionals (ACCA, the Taxation Disciplinary Board) and the major healthcare regulators (GMC, GDC)....

Web page updated on 20/05/2026

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