Visual evidence at trial

Question 1

What is the purpose of the Turnbull guidance in court?

Answer 1

To provide guidance for judges when the case against an accused depends wholly or substatially on identification evidence which the defence allege is mistaken.

The Turnbull guidance emphasizes the need for caution in identification cases.

Question 2

What are the three key elements of the Turnbull warning?

Answer 2

• Instruct the jury that mistaken witnesses can be convincing
• Direct the jury to examine the circumstances of the identification
• Remind the jury of specific weaknesses in the identification evidence

Judge must also remind jury of the special need for caution.

Question 3

What must judges examine at the close of the prosecution case regarding identification evidence?

Answer 3

The state of identification evidence and stop the case if it is poor and unsupported.

Question 4

What are the two principal questions a judge must answer regarding identification evidence?

Answer 4

• What is the quality of the identification evidence?
• Is there other evidence to support the correctness of the identification? (scientific evidence, multiple identifications of sufficient quality, bad character, silence at interview)

Question 5

List factors that determine the quality of identification evidence.

Answer 5

• Amount of time under observation
• Distance
• Visibility
• Obstruction
• Known or seen before
• Any reason to remember
• Time lapse
• Error or material discrepancy

ADVOKATE

Question 6

When can the jury assess the value of identifying evidence regardless of whether there is other evidence to support it?

Answer 6

When the quality of the identification is good, provided caution is exercised.

Question 7

What should a judge do if the quality of identification evidence is poor?

Answer 7

• Consider whether there is other supporting evidence
• Direct an acquittal if there is none
• Leave the weak identification to the jury if there is some supporting evidence

Question 8

What is dock identification and why is it rare?

Answer 8

Dock identification is rare because it leaves the witness with no alternative but to identify the defendant, which is highly prejudicial.

Question 9

What discretion does a judge have regarding dock identification?

Answer 9

The judge has discretion to permit dock identification, considering the fairness of the trial.

The judge must balance the potential prejudicial effects against the trial’s integrity.