Evidence: ID and Turnbull Guidance Flashcards
How is identification proven?
Defendant identification requires proof along with AR and MR. Can be proven in many ways (DNA, fingerprints supported by expert opinion testimony, circumstantial evidence showing motive and opportunity)
What is the identification procedure rule?
Procedures leading to a successful identification of the defendant should be followed by the police BEFORE an eyewitness can give in-court evidence that it was the defendant who committed the offence.
What are the two types of identification evidence?
(1) Police evidence of successful identification procedures conducted
(2) Eyewitness’ own in-court testimony
ID procedure rules only apply if the defendant’s identity is actually and realistically disputed.
What is a dock identification and what are the rules surrounding this?
A prosecution witness is usually not allowed to make a statement of identification for the first time in court (called a “dock identification”).
If the witness has not made a positive identification through an identification procedure, they cannot make an in-court statement of identification during their testimony UNLESS:
Exceptions…
1) In either a summary or a Crown Court trial, an identification procedure was not necessary or appropriate under Police and Criminal Evidence Act 1984 (PACE) Code D, or
2) In a summary trial, the court is satisfied that, in the circumstances of the case, holding such a procedure was not practicable.
What is the Turnbull Guidance on the use of eyewitness identifications?
R v Turnbull [1977] Guidance - on the use of eye-witness identifications
A case that is “wholly or substantially” based on poor identification evidence must be withdrawn from the jury unless there is other evidence supporting the correctness of the identification
What are examples of supportive identification evidence?
Examples of supportive evidence:
Evidence capable of supporting a disputed identification, such as the defendant’s bad character, previous convictions, fingerprint evidence
What is the Turnbull guidance if eyewitness identification is left to the jury?
Turnbull guidelines - if eye-witness identification is left to the jury
The judge should issue a set of warnings, known as the “Turnbull guidelines”, to prevent the jury from attaching too much weight to the witness’s testimony without careful consideration. The key points that the jury must be directed on are:
- The special need for caution before convicting a defendant on the basis of identification evidence and the risks of identification evidence.
- To look closely at the circumstances of the identification by the witness
- Any particular weaknesses in the particular identification evidence.
- Even recognition of an already known person can be mistaken
What is the effect of the Turnbull guidance?
Effect of Turnbull guidance
Scenario 1: If there is weak identification evidence without any supporting evidence, the judge should withdraw the case from the jury and direct an acquittal.
Scenario 2: If there is weak identification evidence and potential supporting evidence, use Turnbull guidelines - the jury should be directed to consider whether there is such supporting evidence and only convict if they are satisfied that it does offer support for identification.
The judge should warn the jury away from relying on any evidence that they might think is supporting but is not sufficiently independent.
What happens if the judge does not direct the jury in accordance with the Turnbull guidelines?
Although the exact words of the Turnbull guideline do not have to be followed, a failure to direct the jury on the key points mentioned above is likely to be a successful ground of appeal.
What is the guidance under R v Weeder?
R v Weeder (1980) guidance - mutual support from two eyewitnesses
Two eyewitnesses can mutually support each other’s identification if each are “of a quality that a jury can be safely left to assess.”
In a case involving poor identification evidence, in the absence of supporting evidence, the judge must direct an acquittal. An application may be made to withdraw the case as part of a submission of no case to answer or at the close of the case before summing up to the jury.
How can a judge determine the reliability of a witness’ ID evidence?
Use ADVOKATE - each factor is one that a judge might take into account when assessing the strength of ID evidence:
Amount of time under observation
Distance from subject
Visibility
Obstructions
Known to witness
Any special reason
Time lapse
Error / discrepancies
