Code D recap

This is a question set, not an explainer. For the basics read /blog/pace-code-d-identification-basics and /guides/pace-code-d-identification first. Code D 2023 is the current version on gov.uk; the powers to take fingerprints and samples are in PACE ss.61 to 63.

Questions: when an identification procedure must be held

Q1. An eyewitness says she could identify the man she saw. The suspect is known and available and disputes being that man. She has not yet taken part in an identification procedure. What does Code D 3.12 require? (A) Nothing; it is optional (B) An identification procedure shall be held unless it is not practicable or would serve no useful purpose (C) A street identification (D) A confrontation
Q2. Which is an example Code D gives of a procedure serving 'no useful purpose'? (A) The witness is nervous (B) The suspect admits being at the scene and gives an account, and the witness saw nothing that contradicts it; or it is not disputed that the suspect is already known to the witness who says they recognised them (Code D 3.12(ii)) (C) The suspect has a solicitor (D) The offence is summary
Q3. Who is responsible for arranging and conducting identification procedures? (A) The officer in the case (B) An officer not below inspector rank who is not involved with the investigation, the identification officer (Code D 3.11) (C) The custody officer (D) The CPS
Q4. The suspect's identity is not known. Can police take a witness round the area to see if they spot the person? (A) No (B) Yes, and the principles of the formal procedures should be followed as far as practicable, for example recording the witness's description first and not directing attention to any individual unless unavoidable (Code D 3.2) (C) Only with a superintendent's authority (D) Only if the suspect agrees

Questions: video identification and the rep's role

Q5. Is the suspect's solicitor entitled to be told about a video identification? (A) No (B) If practicable, the solicitor shall be given reasonable notification of the time and place (Code D Annex A) (C) Only after it has happened (D) Only if the suspect is a juvenile
Q6. Can the solicitor attend the viewing by the witness? (A) Always (B) Only on request and with the identification officer's prior agreement, if satisfied the solicitor's presence will not deter or distract the witness (Code D Annex A) (C) Never (D) Only by video
Q7. The identification officer refuses the solicitor's request to be present. What follows? (A) Nothing (B) The reason is recorded and given to the solicitor, who may make representations, orally or in writing, in person or remotely; these are considered by an officer of at least inspector rank not involved in the investigation (Code D Annex A) (C) The procedure is void (D) The suspect must be released
Q8. The suspect is a juvenile. Information about the identification procedure is given to him before the AA arrives. What must happen? (A) Nothing (B) The procedure of giving or seeking the information must be repeated in the AA's presence when they arrive (Code D 2.14) (C) The procedure is cancelled (D) The solicitor confirms it

Questions: fingerprints, footwear and samples

Q9. Can police take the fingerprints of someone detained at a police station after arrest for a recordable offence without consent? (A) No (B) Yes, under PACE s.61(3), if they have not already had fingerprints taken in the investigation (or the earlier set is incomplete or of insufficient quality) (Code D 4.3(a)) (C) Only with a court order (D) Only after charge
Q10. The detainee refuses. Can reasonable force be used? (A) No (B) Yes, if necessary, to take fingerprints without consent under the powers in Code D 4.3 and 4.4 (Code D 4.6) (C) Only for juveniles (D) Only with the solicitor present
Q11. Footwear impressions: which is correct? (A) Never without consent (B) PACE s.61A allows them without consent from a person over ten detained after arrest for a recordable offence (or charged or reported for one) who has not had an impression taken in the investigation (unless incomplete or of insufficient quality); reasonable force may be used (Code D 4.17 to 4.18) (C) Only from adults (D) Only with written consent at court
Q12. An intimate sample is requested from a detainee and they refuse without good cause. Which is correct? (A) It can be taken by force (B) An intimate sample needs written consent and inspector authority (s.62(1)); a court or jury may draw such inferences from a refusal without good cause as appear proper (s.62(10)) (C) Refusal has no consequence (D) The custody officer can authorise it without consent

Worked answers

Q1 (B). Code D 3.12.
Q2 (B). Code D 3.12(ii).
Q3 (B). Code D 3.11. The identification officer may direct others to make arrangements, within limits.
Q4 (B). Code D 3.2.
Q5 (B). Code D Annex A.
Q6 (B). Code D Annex A.
Q7 (B). Code D Annex A. The decision and any response by the solicitor must be recorded.
Q8 (B). Code D 2.14.
Q9 (B). PACE s.61(3); Code D 4.3(a). Before they are taken without consent, the person must be told the reason and the power used (Code D 4.7).
Q10 (B). Code D 4.6.
Q11 (B). PACE s.61A; Code D 4.17 to 4.18. At a police station, consent to footwear impressions must be in writing (4.16).
Q12 (B). PACE s.62(1) and (10). Non-intimate samples can be taken without consent in the circumstances in s.63 and Code D 6.6.

Can a suspect refuse fingerprints?

They can say no, but where a power to take them without consent applies (for example s.61(3) after arrest for a recordable offence) the police can take them anyway and use reasonable force if necessary. Explain this to the client calmly so the refusal does not become a confrontation. Contrast intimate samples, which need written consent, where a refusal without good cause can lead to inferences.

Carry on with /blog/free-psras-practice-questions. When a set like this feels easy, try the wider PSR Train question bank. Create a free account at https://psrtrain.com/signup and work through timed practice by topic.

Sources: PACE Code D 2023 (gov.uk); Police and Criminal Evidence Act 1984 ss.61, 61A, 62 and 63 (legislation.gov.uk).

Disclaimer. PSR Train is independent exam-prep for PSRAS candidates in England and Wales. It is not the SRA, the LAA or an assessment organisation (Cardiff or Datalaw). These are original training items, not past papers. Check every point against the current PACE Codes, the legislation and your assessment organisation's materials. This is general training information, not legal advice, and it does not replace your firm's supervision.