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What to do if…
you are asked to identify someone in a photo lineup or video and you are not confident

Short answer

Don’t guess. Say clearly: “I can’t make an identification” or “I’m not confident enough to identify anyone,” and make sure that exact wording is recorded.

Do not do these things

  • Don’t “pick the closest” or choose because you feel you should help.
  • Don’t let anyone talk you into being “more certain” than you are.
  • Don’t discuss the lineup with other witnesses or look for opinions (“Was it number 4?”).
  • Don’t look up photos/videos of the incident or suspects online “to check” (it can change what you later remember).
  • Don’t sign a statement that overstates your certainty.

What to do now

  1. Use one clear sentence and stick to it. Say: “I’m not confident enough to identify anyone” (or “I can’t identify anyone”). If someone looks familiar but you’re unsure, say: “Number __ looks similar, but I cannot identify them.”
  2. Ask for your confidence to be recorded in your own words. Say: “Please record my exact words about how confident I am.” If they summarise, correct it immediately.
  3. Ask what identification procedure this is. In England & Wales, Code D covers procedures such as video identification, an identification parade, or group identification. Ask which one this is and who the “identification officer” is for the procedure.
  4. If you feel rushed or pushed, ask for a short pause. Say: “I need a moment. I don’t want to guess.” A brief break is a practical way to prevent a pressured decision.
  5. If you feel pressured, ask for a supervisor and repeat your position. Calmly say: “I’m not willing to guess. Please note that I’m not making an identification.”
  6. Protect your original memory. If you previously gave a description, ask: “Please confirm my first description is recorded as it was first given, before I viewed anything.” Don’t “update” your description to match what you’ve just been shown.
  7. If you are being treated as a suspect, get a solicitor before doing anything further. Say: “I want legal advice before I take part in any identification procedure or answer further questions.” If you’re under 18 or need support because of vulnerability, ask for an appropriate adult as well.
  8. Before you leave, check what was written down. If asked to sign anything, read it carefully and correct wording that turns uncertainty into certainty (for example, “identified” when you actually said “looks similar but not confident”).

What can wait

  • You do not need to decide now whether to complain about how the procedure was run.
  • You do not need to justify your uncertainty or debate memory science. The key thing is: don’t guess, and get your uncertainty recorded accurately.
  • You do not need to chase case updates today.

Important reassurance

Not being able to identify someone is common. The safest thing you can do for everyone involved is to be honest about what you genuinely remember—especially when you’re not confident.

Scope note

This is first-steps-only guidance for the moment you’re asked to identify someone. Later decisions (statements, court, complaints) may need specialist legal advice.

Important note

This is general information, not legal advice. Identification procedure rules differ across the UK: the guidance above is based on the England & Wales framework (PACE Code D). If you are in Scotland or Northern Ireland, ask the police what legal framework applies and consider getting local legal advice. If you think you’re being treated as a suspect or you feel coerced, get independent legal advice before continuing.

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