Criminal Evidence

This case concerned the admissibility of a statement made by a witness during an identification procedure held pursuant to PACE Code D. 

HELD - Section 67 of Police and Criminal Evidence Act 1984 (PACE 1984) does not render admissible something which is hearsay evidence, albeit evidence obtained during a process properly conducted under the Codes of Practice. The Codes of Practice do not alter the rules on admissibility of evidence. Moreover, the Criminal Justice Act 2003, s 114(1)(a) is not authority for the proposition that anything said by a witness in an identification parade is admissible merely because it operated in accordance with Code D.  However, some statements might be so bound up so as to form part of the exception to the hearsay rule; a statement accompanying a relevant act might therefore be admissible. Moreover, the judge was also entitled to conclude that the statement was admissible in the interests of justice pursuant to s 114(1)(d).