18. Visual Identification Evidence Flashcards
what safeguards are in place for visual ID evidence?
- PACE code D
- prohibition of dock identification
- Turnbull rules
what is NOT identification evidence
- mere description
- description where ID not in. dispute
is turnbull required in cases of recognition?
yes as a general rule
when is turnbull and code D not needed?
if the accuracy of a purported identification is not in issue
effect of breach of PACE code D?
not automatic exclusion of ev however ev may be tainted.
if significant prejudice to D - consider exclusion under s.78 (whether adverse effect would be such that justice requires the evidence to be excluded).
when must judge give reasons for admitting ID evidence?
must give reasons for admitting ev where pace code D was breached
How will a failure to observe code D be dealt with by jury direction?
The jury must ordinarily be told ‘that an identification procedure enables suspects to put the reliability of an eye-witness’s identification to the test, that the suspect has lost the benefit of that safeguard, and that they should take account of that fact in their assessment of the whole case, giving it such weight as they think fit’
what is dock Identification?
where witness who has not previously named or ID’d D identifies accused for first time during trial.
when can dock ID be used?
witness’s attendance at a parade was unnecessary or impracticable, or there are exceptional circumstances.
what happens if witness makes a dock ID without pros eliciting it?
judge should warn jury against giving it any credit / weight
when is a turnbull guideline required?
When case depends wholly or substantially on correctness or one or more Id’s of accused which defence allege to be mistaken
what will judge warn jury of where turnbull required?
need for caution in reliance on correctness of ID
make reference to possibility that number of witnesses can be mistaken and
mistaken witness can be convincing
what circs will judge tell the jury to look at when considering ID made?
- how long they had accused
- distance
- lighting
- whether observation impeded
- have they seen them before?
- how often
- special reason for remembering them?
- time between original sight and ID to police
- material discrepancy between description of accused and actual appearance
- any specific weaknesses appeared in ID
- mistakes in recognition can be made
are turnbull directions given for defence ID witnesses?
no
absence of turnbull direction will…
lead to quash unless other evidence overwhelming
