Topic 14- Visual Identification Flashcards

1
Q

What are the biggest risks involved with visual identification?

A

Getting it wrong can result in possible wrong convictions

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2
Q

What are the three safeguards in place for visual identification?

A

PACE Code D- what the police must do

Turnbull, 1977 rules

Rule against dock identification

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3
Q

Will a breach of Code D PACE lead to the exclusion of the ID evidence?

A

No, not automatically

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4
Q

If there has been a breach of Code D of PACE, what does there need to be to not automatically exclude it?

A

There must be no prejudice that results from the breach

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5
Q

If there has been prejudice caused by a breach of Code D PACE, what needs to be considered?

A

Whether the adverse effect would require the evidence to be excluded

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6
Q

What are some examples of Code D PACE breaches which will lead to an exclusion of ID evidence?

A

Staged encounters outside police station

Failure to hold a formal ID procedure

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7
Q

What must the judge do if there has been a breach of Code D PACE?

A

Consider whether it causes prejudice

Give a direction to the jury if needed

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8
Q

What is dock identification?

A

This is where an accused is identified for the first time during the course of the trial itself (usually from the dock)

This is usually prohibited due to unreliability

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9
Q

Is dock identification reliable?

A

No

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10
Q

Can the use of dock identification in a trial be grounds for appeal?

A

Yes, it can be used to successfully appeal a conviction

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11
Q

If a witness makes a dock identification where none has been solicited by the prosecution, what should the judge do?

A

They should warn the jury against giving it any weight or credence

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12
Q

What are the two parts of the Turnbull direction?

A

1- Judge must warn the jury of the special need for caution before convicting the accused in reliance of the identification

2- Judge must direct the jury to examine closely the circumstances in which the ID came to be made- eg, distance, lighting, impediments, etc

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13
Q

What questions should the jury ask themselves when considering the second Turnbull direction?

A

How long did the witness have the accused under observation?

At what distance?

In what light?

Was there under obstructions?

Had they seen the accused before?

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14
Q

Does a Turnbull direction need to be given if the ID evidence supports the defence?

A

No, it is not appropriate here, but the judge should remind the jury that mistakes can be made

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15
Q

Does a Turnbull direction need to be provided in a prosecution

A

Only if the prosecution case depends wholly or substantially on the visual ID

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16
Q

If there has not been a Turnbull direction when one was required, what can happen?

A

The conviction could be quashed as unsafe

17
Q

What evidence can be used to support a disputed identification?

A

Bad character
Previous convictions
Phone data
Self-incrimination

This may provide support for ID

18
Q

If there are two or more disputed identifications, can this be treated as mutually supportive?

A

Yes

I.e, ID from two or more witnesses carries more weight than one

19
Q

Can self-incrimination and lying be used to support a disputed ID?

A

Not necessarily, they must be shown to be deliberate and material

20
Q

Can the accused’s silence or failure to testify be used to support disputed ID?

A

Yes, the court or jury may draw such inferences as appear proper

21
Q

Is a police officer’s identification deemed to be more reliable than an ordinary witness?

A

Yes, there is greater reliability as they are trained

22
Q

Can a trial be stopped where ID is deficient and unsupported by alternative evidence?

A

Yes, the court must acquit

23
Q

Can a defendant be convicted on ID evidence alone?

A

No, there must be alternative supportive evidence