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A man has been charged with robbery. He was not represented at the police station because he declined legal advice. The man agreed to take part in a video identification procedure and was positively identified by one of the witnesses to the crime.
The man has a visible scar under his right eye which was mentioned by an eyewitness in their initial witness statement. No attempt was made by the video identification officer to conceal the scar on the man’s face when his image was placed in the compilation of images for the video identification procedure.
A solicitor has now been instructed to represent the man at his forthcoming trial in the Crown Court, where the man will plead not guilty. As part of the solicitor’s trial preparation, she has reviewed the images used in the video identification procedure and has noted that only two of the other eight images shown in the video identification procedure show similar looking males with a visible scar under their right eye.
The solicitor establishes that as a consequence there has been a provable breach of PACE 1984, Code D ('Code D').
Which of the following statements best states whether evidence of the video identification procedure will be admitted in evidence at the man’s trial?
A. The breach of Code D may lead the court to conclude that the evidence should be excluded if its admission would be an abuse of process.
B. The breach of Code D will compel the court to exclude the evidence because of its prejudicial effect.
C. The breach of Code D may lead the court to conclude that the evidence should be excluded if its admission would have an adverse effect on the fairness of the proceedings.
D. The breach of Code D will not compel the court to exclude the evidence because its admission would not have an adverse effect on the fairness of the proceedings.
E. The breach of Code D will compel the court to conclude that the evidence should be excluded and order that the breach must be cured by the police conducting a further video identification procedure in compliance with Code D.
C - The breach of Code D may lead the court to conclude that the evidence should be excluded if its admission would have an adverse effect on the fairness of the proceedings.
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