Identification Evidence

Question 1

What is an identification procedure?

Answer 1

PACE, Code D, Para 3.12 - An identification procedure will be held if the suspect disputes being the person the eyewitness claims to have seen on a previous occasion, unless it is not practicable or it would serve no useful purpose (R v Forbes)
The decision to exclude will depend on the fairness of the proceedings (R v Allam)

Question 2

Forms of Identification

Answer 2

PACE, Code D, Para 3.4
3 forms of identification: video identification, identification parade, group identification

PACE, CODE D, PARA 3.14
Video identification will be used unless an identification parade is practicable and more suitable, video identification is not practicable, or the investigating officer thinks a group identification would be more suitable or practicable
Video is usually less stressful and can be shown at several angles, reducing the rate of mistaken ID

Question 3

Disputed ID

Answer 3

Disputed ID evidence forms a key part of the prosecution case, so the court will usually apply the Turnbull guidelines, as per R v Turnbull, in order to direct the jury appropriately

Question 4

Turnbull Guidelines

Answer 4

Judge must ensure jury are aware of special need for caution: to avoid injustice, an honest and convincing witness may be wrong, more than one witness may be wrong, and a witness able to recognise the defendant may be wrong.
Jury must also be warned about the risk of lying, but the statement must be proved and shown to be a lie by other evidence

Question 5

Quality of ID evidence

Answer 5

Identification evidence should only be left with the jury if it is thought to be of high quality
If the evidence is low quality, it will be withdrawn from the jury, unless it can be proved there is supporting evidence