THE EYE SEES WHAT IT IS MEANT TO SEE:
LIVE ISSUES OF IDENTIFICATION

Every year the Court of Appeal hears a very large number of cases which rest on the issue of identification. “Bogan on Identification” is a gem of a book for practitioners because it brings together all the difficulties associated with adducing ID evidence on both sides. It is right to say that police practice and the criminal justice process itself are now highly developed areas where disputes over identity are concerned. The book addresses the many scientific advances concerning ID evidence which have been made in the last few years and will become an indispensable aid to criminal lawyers in future cases.

The continuing controversy on ID evidence

The problem, which Paul Bogan tackles in this detailed work, continues to generate both controversy and debate. What Mr Bogan achieves here is an analysis of the powers and duties of police officers in the collection of identification evidence. He offers a comprehensive guide to the various sources of ID evidence within the trial process itself which is of great forensic assistance. Probably this is the single most important reason for practising barristers at the Criminal Bar to buy this book.

Bogan also offers a thorough insight into the methodology and admissibility of scientific and other expert means of personal identification which remains one of the biggest areas of controversy. He is well suited to this task as he is a member of Doughty Street Chambers and a specialist in fraud, drug trafficking and offences of serious violence. He knows what he is talking about.

Structure of the Book

The book is split into three parts: investigation; trial and scientific evidence. There are 17 chapters and a useful introduction. Many practitioners will find the 7 detailed appendices of great help in their day-to-day practice. It is always a great help to have PACE Code of Practice D on the identification of persons by police officers to hand when considering ID evident – Code D is at Appendix A.

The other appendices cover the following areas:

* The History of Code D;
* The Pro forma Notice to Suspect and identification procedure records;
* Various relevant sections of PACE;
* Home Office Circular 57/2003;
* Judicial Studies Board Specimen Directions;
* A commentary on relevant provisions of the Criminal Justice Act 2003.

THE CRIMINAL JUSTICE ACT 2003

I found the CJA appendix of particular importance because it introduces a very substantial number of changes to police powers, criminal procedure and evidence as they begin to come into force. I come away with the memory of the late Professor Sir John Smith who always maintained that England and Wales should have full codification of the rules of evidence. “Bogan on Identification” shows the path towards full codification of evidence as one that a future government could take. It remains a pity that the public have to face an annual CJA because Parliament will not get to grips with the issues that are, by and large, not that controversial.

Demand for knowledge on ID evidence

Many practitioners will probably recall from their student and pupillage days the problems connected with ID evidence and will remember some of the practical training exercises set by the examiners. Bogan’s book is a ‘must’ for any barrister involved in the criminal justice process because it is clearly a one-stop shop. All you ever need to know about ID evidence but were afraid to ask! Yes, this has everything for you.

The Story of Adolf Beck

Bogan starts the book with the cautionary tale of Adolf Beck, an innocent who bore a ‘slight resemblance’ to serial con man William Wyatt. I found, going through the book, that many questions I would think to ask over a particular case I might be instructed on were fully explored with useful observations on how Counsel might proceed. Great advice here when we are looking for forgotten themes of defence. As many will know, it is sometimes the most obvious points that can be put aside amid the wealth of evidence, which the Prosecution may present (including the obnoxious unused material which Judges so loathe).

The Contents

In Part 1, entitled “Investigation”, chapters 2 – 8 cover the following areas:

* Introduction to Code D
* Visual identification procedures and their application
* Identification officer, Notice to Suspect and procedure selection
* Conduct of visual identification procedures
* Body mark, photographs, fingerprints and samples
* Juvenile and other vulnerable suspects
* Voice identification procedure

Part II reviews “Trial”:

* Disclosure
* Evidence, admissibility and exclusion
* Submission of no case
* Jury directions

Part III deals with ‘Scientific Evidence” and is a leading 21st century statement on where we are in 2004/5:

* DNA profiling
* Fingerprint and other skin impression evidence
* Facial mapping
* Handwriting
* Voice
* Dog tracking

So you can see that all the main senses are catered for! This is, truly, a book for the twenty-first century - all the technological advances of recent years are incorporated here in a logical way that is of great assistance to the busy barrister and his even busier pupil.

Advising The Defendant

My strongest point is left for the end: this is a great book for the idle prisoner if he cannot get his hands on Archbold. That is what worries me about it. All the detail is here, but I doubt whether it will diminish the number of frivolous appeals in the Court of Appeal (Criminal Division). This book could well force the end to a disastrous court of appeal system which clearly needs to be replaced with an adequate judicial tribunal that can determine failures in the criminal justice system on historic roots of equity and not pure political expediency which has been the fate of criminal appeal courts for at least two centuries.

End note

The law is stated as at 28th June 2004. So, Bogan has succeeded in his aspiration that this book will assist all those who seek a better understanding of the law and practice relating to identification evidence. Well done, you have achieved your goal and we should thank the LAG for this. ( )