ID Evidence

Question 1

How to connect a defendant to the offence?

Answer 1

A defendant may be linked to the offence through the identification of the defendant by an eye-witness of crime.

Question 2

What are the 2 types of eyewitness identification?

Answer 2

1. Dock identification - id of D in court
2. Out of court: identification procedure

Question 3

When is dock identification admissible?

Answer 3

• When the defendant refuses to attend an identification procedure
• When the defendant renders the ID procedure impracticable, for e.g, by changing his appearance
• Summary trial Road Traffic Act - failure to call evidence that D was the driver = acquital)

Question 4

When is ID evidence admissible?

Answer 4

Under s120(4) & s 120(5):
s120 (4): A previous statement by the witness is admissible if:
(a) any of the following three conditions is satisfied
(b) while giving evidence the witness indicates that he made the statement to the best of his belief, and that to the best of his belief it states the truth

s120 (5) - 1st condition is that the statement identifies or describes a person, obeject or place.

Question 5

When should a caution be given?

Answer 5

When a case against the defendant is wholly/ substantially reliant on the correctness of the ID which the defence alleges is mistaken

Question 6

When is a Turnbull warning required?

Answer 6

• An ID witness may be mistaken but convincing
• Where the issue is that of mistaken identity

Question 7

When is a Turnball warning not required?

Answer 7

• When there is no possibility of the witness being mistaken - only D could have committed the crime
• D alleges witness is lying

Question 8

What directions will a jury be given from Turnbull?