Turnbull guidance

Question 1

What is the purpose of a Turnbull Direction in a criminal trial?

Answer 1

To warn the jury of the special need for caution when convicting based solely on eyewitness identification.

Question 2

When must a Turnbull Direction be given by the judge?

Answer 2

When identification is the main or sole issue in the case, especially where the defendant disputes being present at the crime.

Question 3

Name two key factors the jury must consider when evaluating eyewitness identification under Turnbull Guidance.

Answer 3

1. How long the witness observed the accused
2. At what distance and under what lighting conditions the observation occurred

Question 4

Why is it important for the jury to know if the witness’s view was obstructed during the identification?

Answer 4

Because obstacles like people or traffic could affect the reliability of the identification.

Question 5

How does the witness’s familiarity with the accused affect the Turnbull assessment?

Answer 5

If the witness had seen the accused before, the jury must consider how often and whether there was a special reason for remembering them.

Question 6

Why does the time gap between the initial observation and later identification matter?

Answer 6

A longer time gap can reduce the reliability of the witness’s memory.

Question 7

What type of discrepancies are important under Turnbull Guidance?

Answer 7

Material differences between the witness’s initial description and the actual appearance of the accused.

Question 8

In a Turnbull Direction, would the fact that a witness was not wearing their glasses at the time of the observation be relevant?

Answer 8

Yes, because it affects the accuracy and reliability of the identification.

Question 9

What key principles must a judge explain to the jury when giving a Turnbull Direction about eyewitness identification evidence?

Answer 9

The judge must instruct the jury to exercise special caution and consider:
1. How long the witness observed the accused.

2. At what distance the witness was from the accused.
3. The lighting conditions during the observation.
4. Whether there were any obstructions blocking the witness’s view (e.g., traffic, crowds).
5. Whether the witness had seen the accused before, how often, and under what circumstances.
6. The amount of time that elapsed between the observation and the identification.
7. Any material discrepancies between the initial description given by the witness and the actual appearance of the accused.

The judge must also emphasise that even honest witnesses can be mistaken, and that mistaken identification can happen even if a witness appears confident.