There had to be what amounted to a purported visual identification by a witness before the terms of Code D:2.3 Police and Criminal Evidence Act 1984 came into operation and an identification parade was mandatory. The fact that forensic evidence was weak did not amount to a reason per se for its exclusion.

CA (Crim Div) (Potter LJ, Sir Patrick Russell, Judge Myerson QC)

27/07/1999

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