b. Dock identification
Dock identification, to put it simply, is a process that a witness is being invited to identify the perpetrator when giving his evidence. The important rationale of having this procedure is to see whether he could recognise who was the perpetrator. Usually within a courtroom (save and except in the magistracy when a defendant was admitted to bail), the defendant would be the only person sitting behind the dock. As such, this method is commonly known as “dock identification”.
The following illustrates scenarios where dock identification is permissible:
- True and Genuine Recognition, and
- Previous Identification
True and Genuine Recognition
In a case where the defendant is known well to the witness and has been described by him at the time or shortly after the offence, it is permissible to use the method of dock identification. In order for the method to take place, the court must have the basis to conclude that the witness could recognise the defendant based on his familiarity of the appearance of the defendant.
Previous Identification
Dock identification would also apply if this is not the first identification by the witness.
Generally speaking, the judge has the discretion to exclude such identification evidence if the identification is the first time, unless there is some very good reason. The obvious reason is that an accused has refused to attend an identification parade and that no other proper means of identification has been possible before trial, such as a group identification or a structured identification by means of photographs or some other recognised and proper procedure.
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