Crim

Question 1

Structure of Identification question?

Answer 1

1. Does Turnbull apply?
2. Apply ADVOKATE
3. Two options for Judge
4. Special Warning

Question 2

When do the Turnbull guidelines apply?

Answer 2

When the prosecution’s case depends wholly or substantially on the correctness of disputed identification evidence.

Question 3

What are the three elements of the Turnbull special warning?

Answer 3

1. Instruct as to the reason for the warning (mistaken witnesses can be convincing)
2. Direct to examine the cirumstances in which the identification was made.
3. Remind of the specific weaknesses which had appeared (see ADVOKATE)

Ultimately, stress caution