2 Visual identification, opinion evidence and experts, and privilege Flashcards
What 2 things need to differentiate?
Visual identification VS recognition
How does the law tries to avoid miscarriage of justice caused by visual ID?
- Code D of police codes of practice
- Turnbull directions
- Prohibition of dock IDs
What is a visual identification evidence?
ID parade evidence.
Or naming the person. Recognition.
In both case, witness says that person IS the culprit.
What is not a visual identification evidence?
- Did not attend ID parade
- Only description evidence
In cases of recognition, how does it relates to Code D ID parade?
It useless because witness is bound to select the person he recognises.
The judge will have to give dangers of visual IDs under turnbull!
What if defence stays witness is deliberately lying and he’s not mistaken?
Judge still gives a Turnbull direction if there is a possibility of genuine mistake.
How does defence use Pace Code D?
- Police have breached Pace Code D
- Evidence should be excluded under Pace 78
What is the judge decides not to exclude the PACE Code D breach after vior dire?
He should generally tell the jury the provisions have been breached and warn them of any potential prejudice caused by the breach.
What if a witness gives dock ID while giving evidence?
- If there was a ID parade, then no problem.
- If there was no ID parade, judge should warn jury giving ID any weight or credibility.
In recognition cases, can there be dock identification?
If there was a ID parade, can!
When Turnbull directions must be given?
When case wholly or substantially rests on correctness visual identification
Does turnbull direction applies to Magistrates too?
Yes
What directions must judge give for Turnbull directions?
- Warn the jury the special need for caution
- If it’s recognition, tell them mistakes can be made with close family members
- For all cases (identification + recognition) tell them to examine the circumstances.
- Remind the jury weakness in evidence
What the judge have to do before letting the identification evidence go before jury?
Assess the quality of the ID evidence must be good. This can be done even without any supporting evidence!
In deciding the quality of ID evidence before it goes to jury, can judge say police officers are more observant than regular people?
Yes
What if the quality of ID evidence is poor?
The judge should withdraw the case from jury and direct acquittal unless there are other supporting evidences for the ID.
What are examples of poor ID evidence?
- I am not quite certain
- I am 90% sure
What must judge do in relation to supporting evidence for ID evidence?
Must identify it for jury.
What are some supporting ID evidences that judge must identify for jury?
- previous convictions
- cell site or phone data at scene
- D’s lies
- Inference of silence at interview or at trial
- Another ID by different witness
What is the impact of adequate turnbull direction?
Conviction being quashed
What evidence can witness give? And what cannot?
Evidence of things he perceived. Witness cannot give evidence of opinion.
What opinions can non experts give? Examples?
Matter that’s not calling for expertise, the witness is doing it to convey facts perceived by her.
Ie: Can say D has be drinking but cannot say whether he was fit to drive!
How the competence of experts is examined?
Specialised experience, knowledge or study. Self certification not enough.
If the competence of expert is issue what the court will do?
Vior dire
