CLP 2 - ID

Question 1

When MUST an ID procedure be held?

Answer 1

Unless known to the eye witness;

• An offence has been witnessed and an eye-witness:
  • has identified a suspect or purported to have identified them; or
  • is available who expresses an ability to identify the suspect; or
  • has a reasonable chance of being able to identify the suspect.
• The suspect disputes being the person the eye-witness claims to have seen.

Question 2

Is a Turnbull direction required in every case involving visual ID?

Answer 2

No ONLY required where case depends wholly or substantially on visual ID evidence

Question 3

What are the Turnbull considerations when considering whether visual identification evidence is of good quality?

Answer 3

• Length of time witness observed
• whether the view was clear
• distance, lighting and weather conditions
• whether the suspect was already known to the witness
• time between observation and identification to police
• discrepancies between witness description and suspect appearance
• whether there are significant discrepancies in the defence

Question 4

What Turnbull direction should a judge to the jury give if visual identification is of good quality, or poor quality but supported by other evidence

Answer 4

• convincing witnesses can be mistaken
• need to examine circumstances in which identification was made

ONLY required where case depends wholly or substantially on visual ID evidence

Question 5

What Turnbull direction should a judge give if visual identification is of poor quality and not supported by other evidence

Answer 5

• invite submissions from both sides
• if appropriate withdraw the case from the jury at prosecution conclusion
• direct the jury to acquit the defendant

ONLY required where case depends wholly or substantially on visual ID evidence