B0601 Procedure - Electronic Facial Identification Technique (EFit)

Number: B 0601
Date Published: 8 October 2020
Version 4 – October 2020

1.0 Summary of Changes

This procedure has undergone its 2 yearly review. The only update is the addition of new paragraphs within section 8 regarding data security and retention and disposal of records.

2.0 What this Procedure is about

It is the responsibility of the officer in charge of an investigation to pursue every reasonable line of enquiry, and this procedure will explain when EFit can be used as an aid in the investigation of crime.

Facial Imaging Officers (further known as EFit Operators) within Investigations Command are trained to produce composite images of unknown suspects using computer software.

A composite image is a pictorial likeness produced from a witness’s recall of the suspect, and ‘likeness’ means a close resemblance or similar characteristics to the person portrayed.

It is essential that the witness has seen the suspect’s face and is able to recall it or recognise their facial features.

Compliance with this procedure and any governing policy is mandatory.

3.0 Detail the Procedure

3.1 Investigating Officers

An EFit can be considered in all cases where the identity of a suspect is unknown and a witness has provided a facial description. Investigating officers are required to forward to the EFit ‘inbox’ an email providing details of the Athena file number and all contact details of the witness. This can be also be done via Athena using EFIT inbox or EFIT officer collar number. An EFIT request can be done by Crime Bureau as part of the CARA crime check or by the OIC. An assessment will then be carried out as to the suitability of an EFit.

Requests will need to be prioritised and the following factors will be considered:

• Is the offence one of the force priorities;
• The seriousness of the offence;
• Whether the offence forms part of a series;
• The vulnerability of the victim, for example age or incapacity;
• Other aggravating features of the offence, for example, repeat victim, hate crime;
• The timeliness of the request. It is essential officers make their request without delay and the incident is still fresh in the memory of the witness;
• The quality of the witness’s testimony, in particular the circumstances under which the suspect was observed. Reference should be made to R v Turnbull.

An EFit will not be produced where the identity of a suspect is known.

Investigators will not show a composite image to any witness prior to an identification procedure.

3.2 Process Prior to EFit Procedure

The Facial Imaging Officers will contact the witness and make all arrangements to carry out the initial assessment as to EFit procedure suitability. In particular they should ensure:

• The witness is willing to devote the time necessary to complete the composite picture;
• A suitable environment is agreed whereby the witness is not likely to be distracted or engaged in a busy working environment;
• They are made aware that any composite image created may be published in the media.

Once the initial contact and assessment has been made, it is the Facial Imaging Officer’s decision as to whether EFit is appropriate in each case.

The Facial Imaging officer will not be used to take a witness statement from the victim or witness. A witness statement should be taken by another member of staff and ideally this should be completed prior to the beginning of the EFit procedure.

3.3 EFit Procedure

The Facial Imaging Officer will not view a witness statement or visually recorded interview prior to the procedure. It is important to perceive the witness’s information first hand in a properly focused interview.

The procedure will be conducted as follows:

• A cognitive interview will be carried out, and any original notes made by the Facial Imaging officer will be retained as Unused Material (Criminal Procedure and Investigations Act 1996);
• Images created will be saved within a unique file, and a copy of the image will be forwarded to the investigating officer by email;
• The Facial Identification Officer will burn a closed session writable compact disc, which will be sealed, and produced as the officer’s exhibit. A copy will be sent to the investigating officer;
• One witness image, exhibited by the witness, will be signed by the witness and laminated. It will then be sent to the investigating officer;
• Two witness statements, one made by the witness and the other by the Facial Imaging Officer, will be completed at the time of the procedure, and forwarded to the investigating officer;

Any unused or unfinished images must be retained, and in particular, revealed as Unused Material to the prosecutor in the event of proceedings.

3.4 Witnesses

A witness should not be shown photographs or exposed to any form of formal identification procedure before being asked to produce a composite image.

Where the witness is vulnerable, for example, due to learning difficulties, consideration should be given to a witness supporter being present and, in the case of children and youths, a parent or guardian must be present.

The witness will be informed of the ‘next steps’ by the EFit Operator; which may include various internal and external circulations as well as being updated by the OIC as to the usage of the EFit and what will happen if the circulation of the EFit results in a name being put forward.

3.5 Multiple Images

Where there has been more than one witness to a single incident, each witness must be assessed individually on their ability to provide details from which an image could be produced.

A composite image must never be produced from a number of witnesses working together, as this will amount to cross contamination of the primary memory recall of each witness.

Where more than one witness is able to describe what appears to be the same individual accurately, composite images can be produced by each witness providing:

• The image is produced separately from the other witnesses;
• The witness is not shown the composite image of any other witness before or during the production of their own image;

Where more than one composite image is available and it is certain that they are of the same person, the OIC may consider that it is appropriate to either use the composite images singularly or in combination through circulations and appeals for identification.

3.6 Circulation of Composite Images

The investigating officer will assume the responsibility for the circulation of images for identification. Internal circulation within Essex Police, other forces and relevant enforcement agencies will normally be the first course of action.

External publication is considered to be legitimate, particularly when the public interest outweighs any evidential considerations.

The EFit operator will also forward a copy of the image to the relevant intelligence unit, any other department from whom a possible identification may be obtained and to the supervisor for the OIC to ensure that:

• Witnesses are informed before publication of the EFit by the investigating officer;
• Publication is withdrawn where the suspect is identified prior to it taking place.

The following declaration must be attached to the image warning anyone that:

"To alter, add, tint, colour or change any details within this image would amount to tampering with evidence".

4.0 Equality Impact Assessment

• EIA - pending.

5.0 Risk Assessment

Essex Police will take all reasonable and proportionate measures to safeguard Essex Police officers and staff under the terms of Health and Safety legislation.

6.0 Consultation

The following have been consulted during the formulation of this document:

• Unison
• Police Federation
• Diversity Co-ordinator
• Health & Safety
• Policy Unit
• Information Management
• Current EFIT Operator and author

7.0 Monitoring and Review

This procedure will be reviewed by, or on behalf of, the Head of Criminal Justice & Offender Management Command every 2 years to ensure that it remains compliant with current legislation and provides best practice concerning the obtaining of composite images.

8.0 Governing Force policy. Related Force policies or related procedures

• B 0600 Policy – Investigation of Crime

8.1 Data Security

Essex Police have measures in place to protect the security of your data in accordance with our Information Management Policy – W 1000 Policy – Information Management.

8.2 Retention & Disposal of Records

Essex Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.

We will only hold data for as long as necessary for the purposes for which we collected. Victims/public should be reminded that Essex Police take the protection of personal data seriously as described in the privacy notice https://www.essex.police.uk/hyg/fpnessex/privacy-notice/.

9.0 Other source documents, e.g. legislation, Authorised Professional Practice (APP), Force forms, partnership agreements (if applicable)

• NPIA Facial Identification Guidance 2009
• Criminal Procedure and Investigations Act 1996