Identification Evidence Flashcards
(23 cards)
What is the evidential burden
The burden to raise some evidence to satisfy the judge that the matter should be argued before the jury
When are the Turnbull guidelines used
where the case against the accused depended wholly or substantially on evidence of identification which the suspect alleged to be mistaken
What are the three key elements of a turnbull direction
The judge should:
instruct the jury as to the reason for the need for such a warning; mistaken witnesses can be convincing ones.
direct the jury to examine the circumstances in which the identification by each witness came to be made.
remind the jury of any specific weaknesses in the identification evidence.
What should the judge do if the quality of identification evidence is poor and there is no other evidence to support the correctness of the identification
judge should withdraw the case from the jury and direct an acquittal
The jury should be directed to assess the quality of the visual identification - how is this done?
A- amount of time under observation
D - distance
V - visibility
O - obstruction
K - known or seen before
A - any reason to remember
T - time lapse (between string accused and ID procedure)
E - error or material discrepancy (between first description given by witness and actual)
Are dock identifications still permitted
A trial judge retains a discretion to permit a dock identification. In considering this, the judge will need to consider whether such a course of conduct will jeopardise the fairness of the accused’s trial.
When is the Turnbull warning given
During the judges summing up
When can an application be made to exclude a confession in the crown court
Pre - trial hearing
Just prior to opening the case to the jury
During the trail
When should an application to exclude a confession be dealt with in the magistrates court
As a preliminary issue
Where should an points as to the admissibility of evidence be included, and where will this be reviewed
In the defence statement
At the Plea and Trial Preparation Hearing or Further Case Management Hearing at the Crown Court, the judge will review the Defence Statement and is likely to order, with time limits, the defence to serve a skeleton argument in support of any s.76/78 arguments and the prosecution to serve a response to the same. The judge will also direct when the arguments will be heard.
When are the defences skeleton arguments required in the maguistarets court
At least 10 business days before trial and the prosecution response 5 business days after that. It should be noted that these time limits are contained on the magistrates’ court ‘Preparation for Effective Trial’ form
Where a challenge is raised under s.76 and/or s.78 what is needed where the facts on both sides are disputed
Voir dire for judge to make findings on fact
If an application to exclude evidence is made under s,78 in the magistrates court does it have to be dealt with as a preliminary issue
No - the magistrates have a discretion to hear all the evidence in the usual way and decide upon its admissibility at a later stage.
Needs to be preliminary for s.76 though
If the judge ruled that a confession was admissible would it deprive the defence of raising the same issue before a jury
No
How is the crown court clerk
not legally qualified and never gives legal advice
responsible for many of the duties relating to:
selecting and taking verdicts from the jury; and
for arraigning defendants
Who are the judges that sit in the crown court
Circuit Judges- referred to as ‘Your Honour’. They wear a violet and black robe and a red tippet (sash) over their left shoulder;
Recorders- referred to as ‘Your Honour’. Recorders are barristers or solicitors who sit as part-time judges. They wear black robes; and
High Court Judges- referred to as ‘My Lord, My Lady’. Occasionally, the most serious Crown Court cases are heard by High Court Judges who are distinguished by their red robes, hence often being referred to as ‘red’ judges.
When can the defence raise submissions of no case to answer
At the end of the prosecution evidence
If the defendant chooses not to give evedicen what are the consequences
The jury can draw such inferences as appear proper frim the defendants failure to do so
When can the prosecution make a closing speech
where the defendant is legally represented, or has called at least one defence witness (other than the defendant in person) to give factual evidence, or
where the court otherwise so permits
What will the judge deal with in the summing up
Burden and standard of prior
Ingredients of the offence and any defences
A written route to verdict
Other legal directions relevant to the case
Electing a foreman
Unanimity
Separate considerations of counts and defendants if needed
What should the judge provide to help juries focus on the issues during retirement
A reminder of the issue
A summary of the nature of the evidence
A balanced account of the points raised by the parties
Any outstanding directions
Who are jury bailiffs
court ushers who become jury bailiffs once they take the jury
bailiff’s oath/affirmation.
When is a majority verdict permitted
The Juries Act (JA) 1974 permits a majority verdict to be given by a jury after they have deliberated for at least 2 hours although in practice the minimum period is 2 hours and 10 minutes as required
A majority verdict should not be accepted unless it appears to the court that the jury have had such period of time for deliberation as the court thinks reasonable having regard to the nature and complexity of the case
