ABSTRACT

Numerous high-profile miscarriages of justice attest to the dangers attending attempts by eyewitnesses to identify other persons (see for example Connors et al., 1996). Those dangers have long been acknowledged by legal systems, and various measures intended to diminish the risk of mistaken identification evidence have been adopted in most criminal justice systems. In many instances, as in england, these safeguards have been informed by law reform agencies’ reviews (Devlin Committee, 1976; Law Commission of New Zealand, 1999; Australian Law Reform Commission, 1985; 1987; Scottish Home and Health Department, 1978; Brooks, 1983). While the focus of this chapter is on english criminal procedure, many issues discussed will be common to other jurisdictions.