Visual identification

Question 1

What are the three safeguards in place for visual ID

Answer 1

PACE codes

Turnbull

The rule against dock ID

Question 2

What are the turnbull guidelines?

Answer 2

Must warn the jury of the risks of convicting based on disputed ID evidence.

Should direct the jury to closely examine the circumstances in which the ID came to be made (light, distance etc)

Jury should be reminded that recognising someone known does not cure the danger

Question 3

What is identification evidence?

Answer 3

Recognition of someone

It does not count to describe someone or their clothes or where they were. They have to be recognised

Question 4

Does turnbull apply to defence evidence?

Answer 4

No

But some aspects around the ease with which a mistake can be made can be added to a direction

Question 5

When is a turnbull direction needed?

Answer 5

When P’s case relies wholly or substantially on visual ID

Question 6

What else should the judge draw the juries attention to when making a turnbull direction?

Answer 6

Evidence which is capable of supporting ID evidence, while warning against reliance on evidence which is incapable of doing so

Question 7

What must the trial judge do if the ID evidence is deficient and unsupported by alternative evidence?

Answer 7

Direct the jury to acquit

Question 8

What happens if the witness qualifies their ID evidence (“i’m 90% sure”)?

Answer 8

A conviction on this alone is not safe