T18 -Visual Identification Procedure Flashcards
Code D of Pace regulate how the police should obtain evidence during the investigation
The code allows for informal and formal identification procedures
When is informal identification procedure is used?
It is used when the police do not have a known suspect, that is where the identity of the person alleged to commit the offence is not yet ascertained.
THIS IS A SITUATION WHERE POLICE IS NOT CLEARLY IN POSITION TO ARREST ANYONE
What are some examples of informal procedures include:
a) Showing photographs of potential suspects to the witness
b) Street identifications- take wintess to locatin, where the suspect may be to see can identlify anyone, used ( when suspect run certain directions)
In what occasion shld the police not use informal identification procedure?
This is where the police have sufficient evidence to arrest.
WHEN HAVE ENOUGH EVIDENCE TO ARREST DONT USE THIS PROCEDURE
When must the police use a formal identification procedure?
When the suspect is known (sufficient evidence to arrest), available (consents to take part), and identification is disputed by the defendant.
SUFF EVIDENCE, CONSENTS TO TAKE PART IN IDENTIFICATION,
AND DISPUTES THE IDENTIFCATION
What are the four formal procedures
- A video identification procedure (VIPER).
- An identification parade.
- A group identification.
- A confrontation.
What usually happens if a suspect is positively identified during a formal identification procedure?
The suspect will normally be charged.
According to Code D, when MUST the police hold a formal identification procedure?
When the suspect is known, available, and disputes the identification—unless it is not practicable or would serve no useful purpose.
KNOWN
AVAILBLE
DISPUTES IDENTIFICATION
Why MUST the police carefully consider whether a formal identification procedure is required?
Because failing to hold one when required may lead to informal ID evidence being excluded under section 78 of PACE.
( so if dont do when needed can lead to informal evidence to be exlcuded under s.78 of PACE
What may happen if the prosecution uses informal identification evidence without a prior formal ID procedure?
The judge MUST DIRECT the jury that this failure may have negatively impacted the defendant’s case.
The use of identification evidence in court
What case sets out the approach courts MUST take with identification evidence?
R V Turnbull ( TURNBULL DIRECTION)
When must a Turnbull Direction be given by the judge?
In all cases where the evidence depends wholly or substantially on identification, and the defence alleges it is mistaken.
Main point of TurnBull Direction 1
What is the main purpose of a Turnbull Direction?
To direct the jury on the special need for caution before convicting based on identification evidence.
Main point of TurnBull Direction 2
Why must the judge warn the jury about ID evidence?
Because a mistaken witness can be convincing, and multiple witnesses may all be mistaken even if they make the same identification.
Main point of TurnBull Direction 3
What should the judge instruct the jury to do when considering identification evidence?
To closely examine the circumstances of the identification.
What specific factors should the jury consider in assessing the reliability of ID evidence?
What specific factors should the jury consider in assessing the reliability of ID evidence? ( When there is a Turnbull Direction)
Time of observation, distance, lighting, obstructions, prior knowledge of the defendant, and discrepancies between the witness’s description and the defendant.
Turnbull Main point 4
What must the judge highlight to the jury regarding identification evidence?
Any specific weaknesses in the identification evidence.
Turnbull Main point 5
Is recognition always reliable in identification cases?
No, even recognition of someone well known to the witness can still be mistaken.
RECOGNITION IS NOT ALWAYS RELIABLE
Turnbull Point 6
What else should the judge explain to the jury about supporting evidence?
The judge must point out evidence that supports the ID, and clarify if some evidence only appears to support it but actually does not.
Taking into account all of the turnbull points, the judge in what instance leaves the evidecnce to jury?
when the identification is of good quality
however, if its poor quality and there is no other evidnece, then the JUDGE SHOULD STOP THE CASE AT THE END OF THE P EVIDENCE.
If the judge dont stop the case, where the evidence is poor
Then the guideline is likely to result in any conviction being quashed on appeal
When is a Turnbull Direction not necessary?
1) A Turnbull direction is not necessary if the issue is that the witness is lying rather than mistaken about his evidence
OR
2) if there is no risk of a mistaken ID, but care should be made, if there doubt GO AHEAD WITH TURNBULL
Does identification of clothing or a car require a Turnbull direction?
No, identification of clothing or a car does not give rise to a Turnbull direction.
What can the defence do if they believe there has been a breach of Code D regarding identification evidence?
The defence can make an application under s78 to exclude the identification evidence.
The application is made in the absence of the jury.
The judge must determine if there has been a breach of Code D, which may involve hearing evidence on a VOIRE DIRE
