Visual identification evidence Flashcards
(13 cards)
what is visual identification evidence?
eye witness testimony
where D is trying to get identification evidence struck out, what approach should they take?
- try to strike out under s78
- if unsuccessful, make Turnbull representation
- undermine W’s credibility in cross-examination
what are common Code D identification breaches D might try to rely on to get the evidence excluded under s78? If making this argument, what is important to remember?
o Other images used didn’t resemble D
o Ws were not segregated
o Police failed to hold an IP when they should have
breach must be significant & substantial so as to effect the reliability of the evidence
when are the turnbull guidelines applicable?
only applicable where P’s W identifies D and D disputes the identification.
under the turnbull guidelines, when will W have ‘identified’ D?
W will have ‘identified’ D where they:
o Picked D out informally;
o Identified D in an IP; or
o Claim to know D
when do the turnbull guidelines not apply?
o W gives a description but fails to identify them
o D is identified but there was no one else around that resembled D
o D does not dispute the ID
what is a summary of when the turnbull guidelines will apply?
identification + denial = guidelines apply (unless no one else around who resembles D)
what must the court do following a turnbull representation? What must they consider (6)?
the Magistrates or trial judge in the CC must assess the strength of the evidence considering:
o Distance between W & D
o Duration W saw D
o Conditions i.e. lighting, weather
o What W saw i.e. how much of their face
o Whether D was known to W
o If D matches W’s description
in the CC, the judge will then give a turnbull warning based on the assessment
what is a turnbull warnings and what are the different types?
a turnbull warning is an instruction from the judge as to how to approach the identification evidence
o good quality
o poor but supported by other evidence
o poor and unsupported
explain the ‘good quality’ turnbull warning (4)
judge explains the evidence is good quality but warns of:
o the dangers of identification evidence
o the need for caution
o people can make honest mistakes
o jury should consider the factors the judge has
explain the ‘poor but supported by other evidence’ turnbull warning
the judge makes the same points as a ‘good quality warning’:
o the dangers of identification evidence
o the need for caution
o people can make honest mistakes
o jury should consider the factors the judge has
plus:
o explain the weaknesses of the identification
o explain the supporting evidence
what happens if a ‘poor and unsupported’ turnbull warning is made?
D makes submission of no case + judge acquits
how is the turnbull warning different in the MC to the CC?
there is not a jury in the MC so the judge won’t make turnbull representation, so D will give a Turnbull-esque closing speech to persuade the judge or make submission of no case if evidence is poor
