5. Visual Identification Evidence Flashcards
(12 cards)
What are the three safeguards for visual identification evidence?
- PACE Code D: Designed to test a witness’s ability to identify under controlled conditions and requires a description of offenders for comparison. 2. Turnbull rules: Guide judges on handling visual identification evidence during trials. 3. Prohibition of first-time court identifications: Prevents witnesses from identifying the defendant for the first time in court during indictments.
When do the Turnbull guidelines and Code D come into play?
Turnbull guidelines apply when the accuracy of identification is challenged in court. Code D procedures are required if a known suspect is available and there’s potential for identification by a witness.
What is the result of a breach of Code D during identification procedures?
Breaches can lead to the exclusion of evidence if they cause significant prejudice to the defendant, considering the necessity under PACE s.78 to ensure justice.
What are the rules regarding dock identification?
Dock identification is discouraged and generally not allowed unless witnesses previously identified the accused in an identity parade or under exceptional circumstances.
What are the three Turnbull guidelines provided to judges in cases involving disputed identification evidence?
First, if the case depends wholly or substantially on the correctness of identification, which the defence accuses to be mistaken, the judge should warn the jury of the special need for caution, the possibility that a mistaken witness can be a convincing one, and that multiple witnesses can all be mistaken. Secondly, the judge should direct the jury to examine closely the circumstances in which the identification by each witness came to be made. Thirdly, he should remind the jury of any specific weaknesses which have appeared in the identification evidence.
What does Turnbull say about cases where the quality of the identifying evidence is poor?
In cases of poor identification quality, such as a fleeting glance or under difficult conditions, the trial judge should withdraw the case from the jury and direct an acquittal unless there’s other supportive evidence.
Does Turnbull direction apply to identification evidence supporting the defense?
A Turnbull direction is not typically required for defense-supported identification evidence, although caution may still be advised due to the potential for honest mistakes.
Under what condition is a Turnbull direction not required with respect to prosecution evidence?
A Turnbull direction is not required unless the prosecution’s case relies wholly or substantially on visual identification evidence.
What is the result of the absence of an adequate Turnbull direction?
The absence of an adequate Turnbull direction when needed usually requires a conviction to be quashed as unsafe, unless the other evidence is overwhelming.
what is rule regarding dock identification
The [prosecution] … will not invite a witness to identity, who has not previously identified the accused at an identity parade, to make a dock identification unless the witness’s attendance at a parade was unnecessary or impracticable, or there are exceptional circumstances.
what is code D procedure
designed to test a witness’s ability to identify, under controlled conditions, any suspect the witness may claim to have seen or recognised on a previous occasion
Also requires witnesses to provide the police with descriptions of any offenders etc. they claim to have seen so that subsequent identification can be compared
Failure to comply with Code D procedures must be taken into account by the court and may result in the exclusion of evidence
Result of D’s failure to (a) to mention facts when questioned or charged which are later relied upon in his defence; (b) to account for objects in his possession or substances or marks on his body or clothing; (c) to account for his presence at a particular place; or (d) to testify at his trial,
may each, in appropriate cases, entitle the court or jury to ‘draw such inferences as appear proper’.
Do not in themselves constitute evidence of guilty, however in some cases they may enable a court or jury to infer that the prosecution evidence is correct and D has no answer to it
