Evidence - Visual Identification Flashcards
(18 cards)
What is VIPER and when is it used?
VIPER (Video Identification Parade Electronic Recording) is used when:
- A suspect has been arrested, and
- Identity is in dispute
It shows the suspect among lookalikes for controlled identification by the witness.
What is the purpose of PACE Code D?
To provide procedures for police identification of suspects to:
- Protect the innocent from misidentification, and
- Make ID evidence watertight and challenge-proof
What is the remedy for a breach of PACE Code D?
An application to exclude the evidence under s.78 PACE.
The judge must assess if the breach causes significant prejudice to D and affects trial fairness.
Does a breach of Code D automatically exclude the identification evidence?
No. The court must assess whether the breach makes the trial unfair. Defence may still comment on the breach, and the judge should draw it to the jury’s attention.
What case introduced the Turnbull guidelines and why?
R v Turnbull [1977] QB 224 – to guide judges and juries when the prosecution case depends wholly or substantially on disputed identification evidence.
When must a Turnbull direction be given?
When the case against D depends wholly or substantially on the correctness of visual identification, and the defence claims mistaken identity.
What are the three key elements of a Turnbull direction?
- Warn the jury of the special need for caution
- Explain why such a warning is needed (mistaken witnesses can be convincing)
- Direct jury to examine the circumstances of identification and remind them of weaknesses
What must the jury consider when assessing the quality of ID evidence? (ADVOKATE)
- Amount of time under observation
- Distance
- Visibility
- Obstruction
- Known to the witness
- Any reason to remember
- Time lapse
- Error or discrepancy in description
What should a judge do if the identification evidence is poor and unsupported?
Withdraw the case from the jury and direct an acquittal, per Turnbull and R v Galbraith principles.
What supporting evidence may bolster weak ID evidence?
- Scientific evidence (e.g. DNA, facial mapping)
- Multiple consistent IDs
- Admissible bad character evidence
- Silence under caution (if adverse inference applies)
- Admissions at scene/interview
- Lies, with a proper Lucas direction
When is identification a live issue at trial?
Only if:
- D disputes the identification, and
- It is wholly or substantially the only evidence against D
When is a Turnbull direction not required?
If D admits presence but disputes their role in the incident. Turnbull applies only where identification is in issue, not participation.
What is a dock identification and why is it problematic?
An ID made for the first time in court. It is undesirable because:
- D is only option
- Creates prejudice
- Witness may assume D is guilty due to D being in the dock
Can a judge allow a dock ID?
Yes – at their discretion, if it would not jeopardise fairness, e.g. in cases of alleged recognition.
What direction must a judge give the jury when ID is a live issue?
A specific Turnbull warning, instructing caution and guiding the jury to:
- Evaluate the circumstances of the identification
- Consider any weaknesses
- Remember that confident witnesses can be mistaken
ow must the judge guide the jury where a breach of Code D occurred but ID evidence is still admitted?
- Remind the jury that the breach occurred
- Explain why the code exists
- Warn that they may doubt the reliability of the ID
- Invite them to assess the breach’s impact on fairness
What is the difference between recognition and stranger ID in Turnbull cases?
Recognition may be more reliable, but even familiar witnesses can be mistaken. The jury must be specifically warned of this.
Does hearsay ID evidence trigger a Turnbull direction?
Yes — if disputed ID evidence is adduced as hearsay, a robust Turnbull direction is essential due to lack of cross-examination.
