CLP 20 - Identification Evidence Flashcards
What case established the main guidance for visual identification at trial?
R v Turnbull – It introduced guidelines to warn juries of the risk of mistaken identification and help judges decide whether to leave the case to the jury.
What are the two main safeguards in visual identification cases?
- PACE Code D – Identification procedures (investigation stage)
- Turnbull guidelines – Trial stage (judge’s direction to jury)
When is a Turnbull warning required?
When the case depends wholly or substantially on a witness identifying the defendant, and the defence claims the witness is mistaken.
Is a Turnbull direction needed if the defendant admits being present but denies involvement?
Not usually. The warning is only necessary if identity is a key issue and is disputed.
What does a Turnbull direction involve?
- Warn of the risk of mistaken identification.
- Examine identification conditions (lighting, distance, time, etc.).
- Highlight weaknesses in the ID evidence.
What factors must the judge highlight in a Turnbull direction? (Mnemonic: ADVOKATE)
- A: Amount of time under observation
- D: Distance between witness and suspect
- V: Visibility
- O: Obstructions
- K: Knowledge of the suspect
- A: Any reason to remember
- T: Time between incident and ID
- E: Errors/discrepancies in description
What can support identification evidence?
- Scientific evidence (e.g. DNA, fingerprints)
- Multiple independent identifications
- Admissible bad character evidence
- Defendant’s silence (if adverse inference drawn)
- Defendant’s admissions
What should happen if the identification evidence is poor and unsupported?
The judge must withdraw the case from the jury to avoid unsafe conviction.
What is dock identification and why is it problematic?
When a witness identifies the defendant for the first time in court. It’s generally discouraged because it’s prejudicial and unreliable.
When might a judge allow dock identification?
In rare recognition cases, but only at the judge’s discretion.
