Identification Flashcards
Which PACE Code of Practice deals with identification?
Code D
At trial, if the identification evidence is poor and lacking evidential support - what should the Judge do?
Stop the case at half time
A Turnbull direction is required whenever conviction of a defendant rests ______ __ __________ on identification evidence.
Wholly or substantially
Even if evidence is based on recognition a Turnbull direction must be given. True or false?
True
Where evidence is of description and not identification a Turnbull direction must be given. True or false?
False
Where the accuracy of identification is not in issue but the honesty of a witness is- a Turnbull direction will not be required. True or false?
True
In giving the Turnbull direction the judge must WEEWS. What is WEEWS?
Warn of the special need for caution
Explain the reason for the special need for caution
Examine the circumstances in the identification
Weaknesses of identification- what are they?
Supporting evidence of identification - what are they?
What is the test for when an identification procedure should take place?
Where identification is disputed, an identification procedure should always take place unless it is not practicable or would serve no useful purpose
What are the two conditions for a mandatory minimum sentence for domestic burglary to operate?
The person is 18 or over.
The person has previously been convicted of two separate domestic burglaries
How long is a mandatory minimum sentence for domestic burglary?
3 years
In a case to which mandatory minimums apply, the Court shall impose a custodial sentence of 3 years unless ….
PCC(S)A 2000
“it is of the opinion that there are particular circumstances which relate to any of the offences or to the offender and would make it unjust to do so in all the circumstances.”
