ID evidence

Question 1

problems with visual ID evidence

Answer 1

problems where id evidence constitutes the sole/substantial proof that accused committed offence in prosecutions case

Question 2

how has the law of id evidence been developed by judges

Answer 2

1. adequate procedures for pretrial identification
2. principles governing in-court identification
3. cautionary warnings to juries delivered by trial judges

Question 3

what does a trial judge have to decide when a pros. case relies on id evidence and def. says it is unreliable

Answer 3

either evidence is sufficiently reliable to be left to jury with cautionary instruction OR should be withdrawn from jury

Question 4

when should a judge direct acquittal

Answer 4

when they feel id evidence is poor and there is no other evidence to support it

Question 5

4 consideration for id evidence

Answer 5

1. conditions of initial observation (distance, time)
2. characteristics of witness (vision, experience)
3. demeanour of witness (certainty, correctness of id)
4. pre-trial id procedures (adequacy of these)

Question 6

what is an optimum method of pre-trial identification

Answer 6

identification parades

Question 7

in-court identification

Answer 7

if witness makes in-court id, the pros. have to show that witness identified the same person in pre-trial procedure- can help credibility of witness (consistency with account)

Question 8

informal id parades

Answer 8

courts will only accept these if they conform to basic guarantee of fair procedures, acceptability depends on circumstances of case

Question 9

DPP v MeKonnen[2011]

Answer 9

court held that informal id was acceptable IF there was justification for no formal id parade being done