Identification Evidence

Question 1

What is the evidential burden

Answer 1

The burden to raise some evidence to satisfy the judge that the matter should be argued before the jury

Question 2

When are the Turnbull guidelines used

Answer 2

where the case against the accused depended wholly or substantially on evidence of identification which the suspect alleged to be mistaken

Question 3

What are the three key elements of a turnbull direction

Answer 3

The judge should:
instruct the jury as to the reason for the need for such a warning; mistaken witnesses can be convincing ones.
direct the jury to examine the circumstances in which the identification by each witness came to be made.
remind the jury of any specific weaknesses in the identification evidence.

Question 4

What should the judge do if the quality of identification evidence is poor and there is no other evidence to support the correctness of the identification

Answer 4

judge should withdraw the case from the jury and direct an acquittal

Question 5

The jury should be directed to assess the quality of the visual identification - how is this done?

Answer 5

A- amount of time under observation
D - distance
V - visibility
O - obstruction
K - known or seen before
A - any reason to remember
T - time lapse (between string accused and ID procedure)
E - error or material discrepancy (between first description given by witness and actual)

Question 6

Are dock identifications still permitted

Answer 6

A trial judge retains a discretion to permit a dock identification. In considering this, the judge will need to consider whether such a course of conduct will jeopardise the fairness of the accused’s trial.

Question 7

When is the Turnbull warning given

Answer 7

During the judges summing up

Question 8

When can an application be made to exclude a confession in the crown court

Answer 8

Pre - trial hearing
Just prior to opening the case to the jury
During the trail

Question 9

When should an application to exclude a confession be dealt with in the magistrates court

Answer 9

As a preliminary issue

Question 10

Where should an points as to the admissibility of evidence be included, and where will this be reviewed

Answer 10

In the defence statement
At the Plea and Trial Preparation Hearing or Further Case Management Hearing at the Crown Court, the judge will review the Defence Statement and is likely to order, with time limits, the defence to serve a skeleton argument in support of any s.76/78 arguments and the prosecution to serve a response to the same. The judge will also direct when the arguments will be heard.

Question 11

When are the defences skeleton arguments required in the maguistarets court

Answer 11

At least 10 business days before trial and the prosecution response 5 business days after that. It should be noted that these time limits are contained on the magistrates’ court ‘Preparation for Effective Trial’ form

Question 12

Where a challenge is raised under s.76 and/or s.78 what is needed where the facts on both sides are disputed

Answer 12

Voir dire for judge to make findings on fact

Question 13

If an application to exclude evidence is made under s,78 in the magistrates court does it have to be dealt with as a preliminary issue

Answer 13

No - the magistrates have a discretion to hear all the evidence in the usual way and decide upon its admissibility at a later stage.
Needs to be preliminary for s.76 though

Question 14

If the judge ruled that a confession was admissible would it deprive the defence of raising the same issue before a jury

Answer 14

No

Question 15

How is the crown court clerk

Answer 15

not legally qualified and never gives legal advice
responsible for many of the duties relating to:
selecting and taking verdicts from the jury; and
for arraigning defendants

Question 16

Who are the judges that sit in the crown court

Answer 16

Circuit Judges- referred to as ‘Your Honour’. They wear a violet and black robe and a red tippet (sash) over their left shoulder;
Recorders- referred to as ‘Your Honour’. Recorders are barristers or solicitors who sit as part-time judges. They wear black robes; and
High Court Judges- referred to as ‘My Lord, My Lady’. Occasionally, the most serious Crown Court cases are heard by High Court Judges who are distinguished by their red robes, hence often being referred to as ‘red’ judges.

Question 17

When can the defence raise submissions of no case to answer

Answer 17

At the end of the prosecution evidence

Question 18

If the defendant chooses not to give evedicen what are the consequences

Answer 18

The jury can draw such inferences as appear proper frim the defendants failure to do so

Question 19

When can the prosecution make a closing speech

Answer 19

where the defendant is legally represented, or has called at least one defence witness (other than the defendant in person) to give factual evidence, or
where the court otherwise so permits

Question 20

What will the judge deal with in the summing up

Answer 20

Burden and standard of prior
Ingredients of the offence and any defences
A written route to verdict
Other legal directions relevant to the case
Electing a foreman
Unanimity
Separate considerations of counts and defendants if needed

Question 21

What should the judge provide to help juries focus on the issues during retirement

Answer 21

A reminder of the issue
A summary of the nature of the evidence
A balanced account of the points raised by the parties
Any outstanding directions

Question 22

Who are jury bailiffs

Answer 22

court ushers who become jury bailiffs once they take the jury
bailiff’s oath/affirmation.

Question 23

When is a majority verdict permitted

Answer 23

The Juries Act (JA) 1974 permits a majority verdict to be given by a jury after they have deliberated for at least 2 hours although in practice the minimum period is 2 hours and 10 minutes as required

A majority verdict should not be accepted unless it appears to the court that the jury have had such period of time for deliberation as the court thinks reasonable having regard to the nature and complexity of the case