Admissibility of ID evidence

Question 1

What are the Turnbull Guidelines for assessing ID evidence?

Answer 1

TheTurnbull Guidelinesmust be followed when a case substantially relies on disputed ID evidence. These guidelines help ascertain the strength of the evidence. The judge will evaluate factors set out inADVOKATEto determine the quality of the ID evidence.

Question 2

What is ADVOKATE in relation to ID evidence?

Answer 2

ADVOKATE is an acronym used to assess the strength of ID evidence:
Amount of time witness observed the suspect
Distance from suspect
Visibility at time of observation
Obstructions
Known to the witness
Any special reason to remember the suspect
Time between incident and ID procedure
Errors in the witness’s first description of the suspect.

Question 3

What happens if the judge concludes that ID evidence is weak and unsupported?

Answer 3

If the ID evidence is weak and unsupported by other evidence, the judge should withdraw the case and direct an acquittal.

Question 4

What happens if the judge finds ID evidence strong enough?

Answer 4

If the judge concludes that the ID evidence is strong enough, the case will be left to the jury to decide.

Question 5

What is a Turnbull Warning?

Answer 5

ATurnbull Warningis a special caution given by the judge to the jury in cases relying on ID evidence. The judge warns that mistaken witnesses can still be convincing and asks the jury to consider weaknesses in the ID evidence using the ADVOKATE factors.

Question 6

When can adverse inferences be drawn from the defendant’s behavior?

Answer 6

Adverse inferences can be drawn when the defendant:
(i) Fails to account when questioned or charged.
(ii) Remains silent at trial.
(iii) Fails to explain marks on their person, possession of an item, or presence at the scene.