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

What to do now

1. Use one clear sentence. Say, “I’m not confident enough to identify anyone,” or, “I can’t identify anyone.” If someone looks similar but you are unsure, say, “Number __ looks similar, but I cannot identify them.”
2. Ask for your uncertainty to be recorded. Say, “Please record that I am not confident enough to identify anyone.” If your words are summarised as an identification, correct it straight away.
3. Ask what procedure this is. Say, “Is this video identification, an identification parade, group identification, confrontation, or photographs? Which local code or procedure applies?” You do not need to know the legal label before saying you are unsure.
4. Take the time you need to avoid guessing. Say, “I need a moment. I don’t want to guess.” Look carefully only at what you are officially shown as part of the procedure.
5. If you feel pushed, repeat your position. Say, “I’m not willing to guess. Please note that I am not making an identification.” Ask to speak to the person running the procedure or a senior officer.
6. Keep your first memory separate. If you gave a description earlier, ask whether that first description has already been recorded. Do not update it just to match a person in the lineup, photo set, or video.
7. If police say you are a suspect, ask for legal advice. Say, “I want legal advice before I agree, refuse, sign anything, or answer further questions about this identification procedure.” If you are under 18 or need support because of vulnerability, ask for the support person or appropriate adult required locally.
8. Check anything you are asked to sign. Read it slowly. Ask for wording to be changed if it turns uncertainty into certainty, such as “identified” when you actually said “looks similar but I am not confident.”