Visual ID and Turnball

Question 1

When should the judge give the jury a Turnball warning?

Answer 1

When the case depends wholly or substantially on:

i. correctness of visual ID; and
ii. defence disputes

Question 2

Name 3 things that the Turnball warning should consist of

Answer 2

1. the reason a warning is needed
2. examine the circumstances in which the ID by each witness came to be (ADVOKATE)
3. any specific weaknesses in the ID evidence

Question 3

How can the jury assess the quality of the visual evidence?

Answer 3

ADVOKATE

Amount of time
Distance
Visibility
Obstruction
Known or seen before
Any reason to remember
Time between original observation and ID procedure
Error between description and appearance of accused

Question 4

What happens if quality of the evidence is poor and there is no supporting evidence?

Answer 4

The judge should withdraw the case and direct an acquittal