CLP 5 - Identification evidence Flashcards
What is dock identification?
Identification of the defendant by a witness for the first time in court
Why is dock identification undesirable?
Leaves the witness with no alternative to the defendant, and the fact that the defendant is already standing in the dock is highly prejudicial
Which case provided guidelines about how disputed evidence of eye-witness identification should be treated with caution?
R v Turnbull
Prosecution counsel concedes that individual identifications of the defendant are of poor quality. However, prosecution counsel draws the judge’s attention to the fact that there are multiple identifications of the defendant by different witnesses and relies on this in arguing that the defence’s submission of no case to answer must fail.
Is prosecution counsel correct?
No- the prosecution counsel has conceded that the individual identifications are of poor quality
It is permissible for two or more disputed identifications to be treated as mutually supportive of each other. Identification by two witnesses carries more weight than one. However, each separate identification must be of a quality that can safely be left to the jury to assess. If prosecution counsel is conceding that all of the identifications are of poor quality, they cannot be viewed as being mutually supportive.
what 4 key steps to making an application to exclude confessions?
1) Advance notification;
2) Timing;
3) Voir dire; and
4) submissions
When is a voir dire required?
A factual matter relating to the substance of the legal argument requires resolution for the argument to proceed
What is the standard time for any defence skeleton argument in support of an application to exclude evidence of a confession in the magistrates’ court?
10 business days before trial (as in PET form)
At what point in the trial process will an application under s.76 PACE 1984 be dealt with in the magistrates’ court?
In a magistrates’ court, any application under s.76 should be dealt with as a preliminary issue.
If the evidence founding the application is in dispute, when do judges have a discretion to hear all the evidence then decide on the admissibility of evidence?
An application under s.78 is made in a magistrates’ court
What is a voir dire?
A procedure for the judge to resolve a factual dispute which is relevant to a legal argument
Who takes the decision about whether the defendant will give evidence or not at trial?
The defendant taking into consideration the advice of any legal representative the defendant has
