Topic 14- Visual Identification Flashcards
What are the biggest risks involved with visual identification?
Getting it wrong can result in possible wrong convictions
What are the three safeguards in place for visual identification?
PACE Code D- what the police must do
Turnbull, 1977 rules
Rule against dock identification
Will a breach of Code D PACE lead to the exclusion of the ID evidence?
No, not automatically
If there has been a breach of Code D of PACE, what does there need to be to not automatically exclude it?
There must be no prejudice that results from the breach
If there has been prejudice caused by a breach of Code D PACE, what needs to be considered?
Whether the adverse effect would require the evidence to be excluded
What are some examples of Code D PACE breaches which will lead to an exclusion of ID evidence?
Staged encounters outside police station
Failure to hold a formal ID procedure
What must the judge do if there has been a breach of Code D PACE?
Consider whether it causes prejudice
Give a direction to the jury if needed
What is dock identification?
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
Is dock identification reliable?
No
Can the use of dock identification in a trial be grounds for appeal?
Yes, it can be used to successfully appeal a conviction
If a witness makes a dock identification where none has been solicited by the prosecution, what should the judge do?
They should warn the jury against giving it any weight or credence
What are the two parts of the Turnbull direction?
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
What questions should the jury ask themselves when considering the second Turnbull direction?
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?
Does a Turnbull direction need to be given if the ID evidence supports the defence?
No, it is not appropriate here, but the judge should remind the jury that mistakes can be made
Does a Turnbull direction need to be provided where it benefits the prosecution’s case?
Only if the prosecution case depends wholly or substantially on the visual ID
If there has not been a Turnbull direction when one was required, what can happen?
The conviction could be quashed as unsafe
What evidence can be used to support a disputed identification?
Bad character
Previous convictions
Phone data
Self-incrimination
This may provide support for ID
If there are two or more disputed identifications, can this be treated as mutually supportive?
Yes
I.e, ID from two or more witnesses carries more weight than one
Can self-incrimination and lying be used to support a disputed ID?
Not necessarily, they must be shown to be deliberate and material
Can the accused’s silence or failure to testify be used to support disputed ID?
Yes, the court or jury may draw such inferences as appear proper
Is a police officer’s identification deemed to be more reliable than an ordinary witness?
Yes, there is greater reliability as they are trained
Can a trial be stopped where ID is deficient and unsupported by alternative evidence?
Yes, the court must acquit
Can a defendant be convicted on ID evidence alone?
No, there must be alternative supportive evidence
If a witness is not 100% sure of their ID, but there is other reliable evidence involved, can this be left to the jury?
It can, as the ID is supported by reliable evidence
Therefore, they can be left to draw their own inferences
