Evidence

Question 1

How is a video identification procedure conducted?

Answer 1

A witness will be shown moving images of a known suspect together with similar images of others who resemble the suspect.

Question 2

How many other people must be involved with the an identification parade if there is one suspect?

Answer 2

Eight people who resemble the suspect in age, general appearance and position in life

Question 3

How many other people must be involved with the identification procedure if there are two suspects?

Answer 3

Twelve people who resemble the suspect in age, general appearance and position in life

Question 4

Can there be an objection to the identification procedure?

Answer 4

Yes, if there is a reasonable objection (e.g. one of the images does not resemble the suspect) the police must take steps to remove the grounds for objection.

Question 5

What happens if a suspect has unusual facial features?

Answer 5

The police may take steps to conceal those features on the video or to replicate those features on the images of other people.

Question 6

How many times can a witness view the video?

Answer 6

As many times as they wish, provided they do not communicate with other witnesses.

Question 7

What are the two requirements that all evidence to be relied upon should meet?

Answer 7

The evidence must be relevant to the facts in issue in the case

The evidence must be admissible

Question 8

What is the legal burden and standard of proof?

Answer 8

The prosecution must prove D’s guilt beyond a reasonable doubt.

Question 9

Who bears the legal burden and standard of proof when a defence of insanity or duress is raised?

Answer 9

The defendant will bear the burden of proof but will only need to prove this on the balance of probabilities.

Question 10

What is the evidential burden on the prosecution?

Answer 10

The prosecution needs to have presented sufficient evidence to justify a finding of guilt and that the defendant has a case to answer.

If they fail to do this, the defendant’s solicitor is entitled to make a submission of no case to answer.

Question 11

What is the evidential burden on the defence?

Answer 11

They must place evidence of a defence before the court. The onus will then fall on the CPS to prove beyond a reasonable doubt that the defence is not true.

Question 12

What discretion does the court have with disputed identification evidence?

Answer 12

To exclude evidence that the prosecution seeks to rely on if the admission of such evidence would have an adverse effect on the fairness of the proceedings.

e.g. where methods of obtaining evidence constituted a significant or substantial breach of PACE or Codes of Practice.

Question 13

What are the Turnbull guidelines?

Answer 13

Where there is a dispute between the prosecution and defence as to visual identification evidence, a Turnbull direction may be given.

The judge needs to assess the quality of the evidence.

Question 14

How does a judge assess the quality of the identification evidence? (6)

Answer 14

The length of the observation

The distance of the witness to the suspect

The lighting during the identification

How much of the suspect’s face did the witness actually see

Whether the person identified was someone who knew the witness or had never seen them before

How closely the original description given by the witness to the police might match the actual physical appearance of the defendant.

Question 15

What is a Turnbull warning?

Answer 15

Where a witness picks out D informally, identifies at a police station procedure or claims to know them

D claims they are mistaken and disputes the evidence.

Question 16

What will a judge direct a jury to do when the identification evidence is good quality?

Answer 16

The judge will make a Turnbull warning.

Question 17

What will a judge direct a jury to do if the identification is poor but it is supported by other evidence?

Answer 17

Give a Turnbull warning

Draw specific attention to the weaknesses of the identification evidence

Tell the jury to look for other supporting evidence e.g. confession, DNA, stolen property discovery, adverse inferences.

Question 18

What will a judge direct a jury to do if the identification evidence is poor and it is not supported by other evidence?

Answer 18

The judge will stop the trial at the end of the prosecution case and direct the jury to acquit the defendant.

Question 19

What are some examples where the court will exclude prosecution evidence?

Answer 19

Where evidence has been improperly or unfairly obtained.

Examples - during an illegal search, identification evidence, confession evidence, evidence obtained via listening devices, during ‘undercover’ police operations

Question 20

Can adverse inferences be drawn at trial if a defendant chooses to stay silent?

Answer 20

Yes, under section 35 where a defendant fails to give evidence which calls for an explanation from the defendant.

Question 21

What is the exception to the rule that adverse inferences may be drawn if evidence is not given by D at trial?

Answer 21

Where the physical or mental condition of the accused makes it undesirable for them to give evidence.

Question 22

Can circumstantial evidence be sufficient for a defendant to answer for a case?

Answer 22

Where it is clearly capable of supporting a conviction.

Question 23

Can an adverse inference be drawn if a person is arrested many hours after the offence, despite being seen at the scene?

Answer 23

No, they must be arrested ‘at or about the time’ of the offence.

Question 24

Can the Turnbull guidelines apply if a person was arrested at the scene?

Answer 24

Yes, but only where there are other people/a person present that is similar in description.