Visual ID Evidence

Question 1

(1) What is ‘Visual Identification Evidence?
(2) What are the 4 main examples of this?

Answer 1

(1) Evidence of a witness identifying the defendant as the person they saw committing the crime

(2)
(a) VIDEO Identification
(b) ID PARADE
(c) GROUP Identification
(d) Confrontation (RARE)

Question 2

(1) Under what grounds can ‘Visual Identification Evidence’ be removed?

Answer 2

S78 PACE - ‘adverse affect FAIRNESS of proceedings’

Question 3

‘Visual Identification Evidence’ can be removed under S78 PACE (‘Unfairness’.)

(1) What is the common way this occurs?
(2) What must this breach be?

Answer 3

(1) Breach of PACE 1984 Code D
(2) ‘Signifiant and substantial’

Question 4

What must the Judge consult the ‘Turnbull Guidelines’? 2 conditions

Answer 4

(1) Prosecution relies WHOLLY or SUBSTANTIALLY on ID evidence +
(2) D disputes its them

Question 5

What must the Judge consult when:
(1) Prosecution relies WHOLLY or SUBSTANTIALLY on ID evidence +
(2) D disputes its them

Answer 5

Turnbull Guidelines

Question 6

When assessing the QUALITY of ID Evidence, what 8 factors are considered? (hint ADVOKATE)

Answer 6

ADVOKATE

A - Amount of time under observation
D - Distance
V - Visibility
O - Obstructions
K - Known / seen before
A- Any special reason to remember
T - Time lapse
E - Error / material discrepancy

Question 7

What is a ‘Turnbull Warning’?

Answer 7

Judge warns jury that ID Evidence can be UNRELIABLE

Question 8

When the ID Evidence is deemed under the ‘Turnbull Guidelines’ to be the following, what is done next:

(1) High quality ID evidence
(2) Low quality ID evidence + Supported by other evidence (e.g. confession)
(3) Low quality ID evidence

Answer 8

(1) Judge give jury ‘Turnbull Warning’
(2) Judge give jury ‘Turnbull Warning’
(3) Defence submits ‘no case to answer’ + Judge direct jury to ‘acquit’ D

Question 9

When the ID Evidence is deemed under the ‘Turnbull Guidelines’ to be of ‘low quality’, what will:
(1) Defence submit
(2) Judge direct jury

Answer 9

(1) Defence submits - ‘NO CASE TO ANSWER’
(2) Judge directs jury - ‘ACQUIT’ the D

Question 10

How should the Defence challenge ID evidence. There are 2 ways and list in order of priority.

Answer 10

(1) Seek EXCLUDE ID evidence under s78 PACE (‘unfairness’)
(2) Challenge QUALITY of ID evidence (using ADVOKATE factors)