CLP Excluding ID Evidence

Question 1

Structure of submissions to exclude evidence due to poor quality

Answer 1

1. Identify the court’s discretion under s78 PACE
2. Identify what other evidence there is to support the prosecution (i.e., none / some)
   - e.g., finger prints; bad character; silence in interview
3. Argue for/against the strength of the ID evidence going through the following factors (bad quality - ADVOCATE)
   - amount of time
   - distance
   - visibility
   - obstruction
   - known before
   - any reason to remember
   - time lapse
   - error
4. Turnbull direction OR exclude

Question 2

Application to exclude ID evidence due to improperly obtained

Answer 2

1. Identify court relevant breaches of PACE Code D:
   - failure to take account of reasonable objections to appearance of others
   - failure to keep witnesses away from suspect before or during
   - failure to separate witnesses
   - failure to warn witnesses that suspect may not be shown at all
2. Link back to s78 PACE discretion to exclude evidence where it would have such an adverse effect on fairness of proceedings, that the court ought not to admit it