Visual Identification - Trial Stage Flashcards
When are Turnbull guidelines used?
CoA guidelines where case against accused depends substantially on evidence of identification which suspect alleged to be mistaken
What are the different safeguards at different stages on identification evidence?
Investigation stage: PACE 1984 Code Practice D
Trial stage: Turnbull guidelines
If D is at the scene is admitted but disputes their role in incident, will Turnbull directions be given?
Typically, not required. But depends on the facts
What is the purpose of a Turnbull direction?
Assesses the quality of identification evidence when case against accused relies substantially on it and defence alleges mistaken identity
When must a judge give a Turnbull warning?
When prosecution’s case relies wholly or substantially on the correctness of an identification, and the defence claims it is mistaken
What is key caution in a Turnbull direction?
Jury must be warned of special need for caution before convicting based on identification evidence
What are the three key elements of Turnbull warning?
1) Explain why warning is necessary – mistaken witnesses can still be convincing
2) Direct jury to examine circumstances of identification
3) Remind jury of any weaknesses in the identification evidence
What happens if there is any other evidence to support correctness of identification?
Trial judge should identify this to the jury
What type of evidence is capable of supporting identification?
- Scientific evidence
- Multiple identifications by different witnesses
- Accused’s bad character or previous convictions (if admissible)
- Accused’s silence on interview
- Accused admissions
In assessing the quality of identification evidence, what questions must trial judge ask?
1) What is quality of the ID evidence?
2) Is there any other evidence to support the correctness?
What factors must be considered when judge is assessing quality of visual identification evidence?
- Time under observation
- Distance
- Visibility
- Obstruction
- Known or seen before
- Any reason to remember
- Time lapse
- Error or material discrepancy
What happens if judge considers evidence to be poor with no other supporting evidence?
Judge should withdraw from the case and direct acquittal
What if the evidence is poor with some supporting evidence?
Judge can leave weak identification for jury to be assessed alongside supporting evidence
If there are multiple identifications, but all are of poor quality, can they be admitted?
Not without other supporting evidence, as multiple poor qualities cannot be viewed as being mutually supportive
What is a dock identification?
Identification of D by witness for the first time is in court
Why is dock identification bad?
Leads to prejudice of D who is assumed to be responsible for the crime as they are standing in the dock
