What Is the VIPER Identification Procedure?

What does VIPER mean?

VIPER originally refers to the Video Identification Parade Electronic Recording system. The governing legal rules are found in PACE Code D 2023 ↗, which uses the wider term “video identification”. Different police forces may use different technical systems, but the Code D safeguards apply to the procedure.

How does a police video identification work?

The witness is shown a set of images containing the suspect and at least eight other people who, so far as possible, resemble the suspect in age, general appearance and position in life. Moving images are normally used. Only one witness should view the set at a time.

Before viewing, the witness should be told that the person previously seen may or may not appear in the images and that they should say if they cannot make an identification. The witness should not be told which image is the suspect or whether another witness has made an identification.

Who arranges the procedure?

An identification officer who is not directly involved in the investigation is responsible for arranging the procedure and ensuring compliance with Code D. The process itself should be recorded, including what the witness says and who is present.

The suspect or solicitor should normally receive the witness’s first description before the images are shown. This is important because the defence can compare that original description with the suspect and with the other images selected for the video set.

Can the suspect object to the images?

Yes. The suspect or solicitor can inspect the proposed set and raise objections—for example, if the other people do not provide a fair resemblance or the suspect has a distinctive feature that makes the image stand out. Where practicable, reasonable steps should be taken to address an objection. If that cannot be done, the objection and the reason should be recorded.

Distinctive features such as a scar, tattoo or unusual hairstyle may sometimes be concealed on the suspect’s image or replicated on the other images to create a fairer test.

Do I have to agree to a VIPER procedure?

A suspect should be told that they do not have to consent or co-operate. However, refusal may be given in evidence at a later trial, and the police may use covert images or make other arrangements to test identification. Refusing without first obtaining legal advice can therefore have serious consequences.

The suspect should also be reminded of the right to free legal advice. A solicitor can review the first description, inspect the images, make representations about fairness and ensure objections are properly recorded.

Does an identification prove guilt?

No. A witness selecting an image is evidence, but it does not by itself establish guilt. The circumstances in which the witness originally saw the person, the quality and duration of the observation, delay, discrepancies in description, contamination and compliance with Code D may all require close examination. A failure to identify can also be important.