ID

Question 1

What is the case law of Mundar Smith state in regards to ID?

Answer 1

The court did NOT allow the evidence. The officer could not give id evidence (his opinion) in this matter
Police officer in Smith is giving an opinion and excluded under section 76 (opinion rule)
He is in no better position than the jury to make a comparison.

An exception to this rule is where offenders appearance has changed substantially post offence (which Smith did not)

Question 2

What is the definition of ID evidence?

Answer 2

1. assertion
2. defendant was or resembles
3. person present at or near place where
4. offence being prosecuted committed
5. or act connected to offence
6. At or about time of offence
7. assertion based wholly or partly on what was seen, heard, perceived at that place
   8.or report (oral or in writing)

Identification evidence can include things like:
Confrontation evidence (crowd scene)
Picture identification
Line-up identification
Voice identification

Question 3

What does part 3.9 of the Evidence Act State in regards to ID?
What proceedings does Part 3.9 of the Evidence Act apply to?

Answer 3

Only applies to criminal proceedings as per S113 of the Evidence Act

Question 4

What does S114(2) of the Evidence Act State about ID evidence?

Answer 4

(2) Visual identification evidence adduced by the prosecutor is not admissible unless—
(a) an identification parade that included the defendant was held before the identification was made, or
(b) it would not have been reasonable to have held such a parade, or
(c) the defendant refused to take part in such a parade,
and the identification was made without the person who made it having been intentionally influenced to identify the defendant.

Question 5

What are the warnings in relation to ID evidence?

Answer 5

116Directions to jury
(1) If identification evidence has been admitted, the judge is to inform the jury—
(a)that there is a special need for caution before accepting identification evidence, and
(b)of the reasons for that need for caution, both generally and in the circumstances of the case.

AND

165 Unreliable evidence
(1) This section applies to evidence of a kind that may be unreliable, including the following kinds of evidence—
…(b) identification evidence,
(2) If there is a jury and a party so requests, the judge is to—
(a) warn the jury that the evidence may be unreliable, and
(b) inform the jury of matters that may cause it to be unreliable, and
(c) warn the jury of the need for caution in determining whether to accept the evidence and the weight to be given to it

Question 6

What is not ID evidence?

Answer 6

Dog identifies suspect
Description of the offender (be careful)
Identifies a person other than the Defendant
CCTV, Picture analysis by someone not a witness to the offence
Forensic analysis