Examination Timing: 00H01M24S
A man has been charged with robbery. He was not represented at the police station because he declined legal advice. The man agreed to take part in a video identification procedure and was positively identified by one of the witnesses to the crime. The man has a visible scar under his right eye which was mentioned by an eyewitness in their initial witness statement. No attempt was made by the video identification officer to conceal the scar on the man’s face when his image was placed in the compilation of images for the video identification procedure. A solicitor has now been instructed to represent the man at his forthcoming trial in the Crown Court, where the man will plead not guilty. As part of the solicitor’s trial preparation, she has reviewed the images used in the video identification procedure and has noted that only two of the other eight images shown in the video identification procedure show similar-looking males with a visible scar under their right eye. The solicitor establishes that as a consequence there has been a provable breach of PACE 1984, Code D ('Code D'). Which of the following statements best states whether evidence of the video identification procedure will be admitted in evidence at the man’s trial?
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Under the Police and Criminal Evidence Act 1984 (PACE) and its associated Code D, the court has discretion to exclude evidence if its admission would adversely affect the fairness of the proceedings. In this case, the failure to conceal the man's distinctive scar during the video identification procedure and the lack of similar-looking individuals with visible scars in the lineup could lead the court to conclude that the identification was unfairly biased. Therefore, the breach of Code D may result in the exclusion of the evidence if the court determines that its admission would compromise the fairness of the trial.
Key Point: This question highlights the importance of compliance with PACE and Code D in ensuring fair identification procedures. Understanding the grounds for excluding evidence due to procedural breaches is crucial for safeguarding the fairness of criminal proceedings.
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