McKenna v DPP [2005] EWHC 677 Admin - S 78 PACE - Code D.
- identification.
1) identification parade may not be required where D well-known to eye-witness.
2) distinction between "identification" and "recognition".
- breach of Code does not necessarily render evidence so unfair as to be inadmissible.
- in considering unfairness under s 78 PACE, court must look at all the evidence.
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Related case digests
- R v Tiplady (1995) 159 JP 548 - S 1(1)(b) TDA - s 78 and Code D of PACE.
- fairness. - proof of identity. - court foyer not inappropriate venue for group identification.