Exclusion of Visual Identification evidence due to poor quality

Question 1

Turnbull Direction:

Whenever the case against the accused depends _______ or ______________ on the correctness of an ______________ of the accused that D alleges to be ________, the judge should ______ the jury of the special need for _________ before convicting the accused in reliance on the correctness of the identification. The judge should also direct the jury to examine closely the ____________ in which the identification was made.

Answer 1

wholly, substantially, identification, warn, caution, circumstances

Question 2

What factors should the court ask the jury to consider under a Turnbull warning?

Answer 2

• One or more witnesses may be convincing, but not right
• An honest witness may be wrong / mistaken
• A witness who recognises D may still be wrong

Question 3

What is the legal provision to rely on for the exclusion of visual identification evidence due to poor quality?

Answer 3

s78 PACE - the court has discretion to exclude any prosecution evidence if its admission would have an adverse effect on the fairness of proceedings.

Question 4

What mnenomic is used for the weakness of identification evidence?

Answer 4

ADVOKATE

Question 5

What does ADVOKATE stand for?

Answer 5

Amount of time
Distance
Visibility
Obstruction
Known to the witness
Any other reason to remember
Time lapse
Errors

Question 6

Where P looks to rely on identification evidence alongside other evidence, you should challenge that it is ____ in your submission

Answer 6

weak

Question 7

Where P looks to rely solely on weak identification evidence, you should ask the judge to ________ the case from the jury and direct on ________.

Answer 7

withdraw, acquittal