Identification Evidence

?
Reliable witnesses may make a false ID of suspect, even when they are well known to him. True or false?
True!
1 of 76
If there is no ID ev...
there are no Turnbull guidelines
2 of 76
Is description of culprit & clothing visual ID evidence?
No - even if it provides an accurate description.
3 of 76
What was held in George?
W seen culprit's face - should be invited to ID parade if suspect is available
4 of 76
With ID evidence, there is a risk of...
wrongful conviction.
5 of 76
ID ev of W who may have only caught a mere glance of offender is unreliable. What may this case?
A miscarriage of justice.
6 of 76
What are the facts of Mattan?
CA quashed murder conviction - appellant hung 42 years earlier on flawed ev of ID
7 of 76
If there is no argument that ID is mistaken...
there is no issue - Turnbull need not be considered.
8 of 76
What does PACE Code D provide?
a second means of reducing risk of miscarriage of justice from mistaken ID
9 of 76
What does PACE Code D require?
record to be made of description of suspect first given by W
10 of 76
What is the principle in Forbes?
If eye witness makes it cleae he can't ID culprit it will be futile to invite him to ID procedure
11 of 76
What does Code D do?
Code D provides safeguards for D's & officers
12 of 76
If the Id of the suspect is known, the police may use...
video ID or ID parade
13 of 76
What is Annex A?
It is procedure for testing ability of W to make an ID
14 of 76
What does Annex A NOT mean?
does not mean ID from CCTV recordings
15 of 76
What does (VIPER) stand for?
Video Identification Parade Electronic Recording
16 of 76
What does VIPER do?
Police make vid of suspect & send images to W. Yorkshire where body complies 3 minute vid portfolio with footage of 8 similar looking people from volunteer database
17 of 76
What problems can VIPER cause?
Supects appearing on video parade in ill-fitted clothing
18 of 76
When must an ID procedure be held?
(a) Eye-witness identified & suspected or purported to ID them (b) There is an eye-witness who expresses ability to ID suspect (c) There is reasonable chance of eye-witness being able to ID suspect
19 of 76
What is an Identification parade?
W sees suspect in line of 8 others who resemble suspect
20 of 76
An ID procedure must be held, unless...
(a) It is not practicable to hold procedure (b) Any procedure would serve no useful purpose in proving whether suspect was involved
21 of 76
What are the facts of Harris?
Victim of robbery - claimed to know one of their aggressors - having attended same school - only knew him by his distinctive forename
22 of 76
What was the decision in Harris?
This fell within Code D
23 of 76
What was the decision in R(H) V DPP?
it would have served no useful purpose for police to have organised ID parade
24 of 76
What are the facts of Nicholson?
V who had been attacked from behind - said he would be unable to ID suspect - no ID parade held
25 of 76
What is the principle laid out in Forbes?
If eye-witness fails to ID suspect this will strengthen his position during trial
26 of 76
If there is no identifiable suspect...
Code D allows witnesses to be shown photos or to be taken to neighbourhood in hope they will recognise offender
27 of 76
What are the facts of Popat?
P charged with sexual offences - identified by W from front window in company of officer - procedure allowed under Code D
28 of 76
What was the decision in Popat?
if there has been actual & complete procedure, there is no need to hold further ID procedure
29 of 76
What are the facts of Marcus?
Due to suspect unusual features - lack of images in VIPER - police organised 2 seperate vid parades
30 of 76
What was the decision in Marcus?
disapproved of resourcefulness - quashed M's conviction - Code D violation
31 of 76
What are the facts of Akinyemi?
Victim attempted robbery - kept A in view while police chased & apprehended him
32 of 76
What was the decision in Akinyemi?
Police had no obligation to hold ID parade
33 of 76
Fill the gaps: Witnesses frequently describe ___________ rather than visual features
clothing & appearance
34 of 76
What was the decision in Steadman?
Code D does not require voice ID parade to be held in cases which voice ID arises
35 of 76
What will a breach lead to?
The court will exclude evidence under s78 PACE
36 of 76
What are the facts of Kingdom?
W in hospital - accidentally saw picture of K - exclaimed it was him before taking part in vid parade - he picked K out
37 of 76
What was the decision in Kingdom?
Judge rightly admitted ev of successful ID
38 of 76
What are the facts of Smith (Dean Martin)?
Officers viewed CCTV recording - make ID of people involved in nightclub shooting
39 of 76
Can Voice ID parades be held?
Under no circumstances should attempt be made to conduct live vid ID procedure using live suspect & foils
40 of 76
What is dock identification?
ID suspects for first time at trial
41 of 76
What is the principle laid out in Tido v R?
Dock ID not inadmissible in ev per se, & admission of such ev is not to be regarded as admissible in exceptional circumstances
42 of 76
W who identifies D as offender is...
expected to support this with evidence
43 of 76
Which legislation governs ev of previous identification?
S120(4) - (5) Crim Justice Act 2003
44 of 76
Turnbull issued set out guidelines to...
reduce risk of miscarriage of justice from admission of unreliable ID evidence
45 of 76
What are the facts of Najjar?
Only eye-witness ID flawed - BUT high quality CCTV ev showing offenders face - jury was invited to concentrate on that - exclude W's evidence
46 of 76
What was the decision in Najjar?
no Turnbull direction needed
47 of 76
What is identification & recognition?
Ev in cases where W claims to ID stranger he has never saw before incident
48 of 76
Are mistakes in recognising close family & friends often made?
Yes - the jury must be warned of this!
49 of 76
What is the principle laid out in Capron?
in recognition case should always give Turnbull direction - UNLESS nature of eye-witness ev is such that direction would add no substance to trial
50 of 76
What is the principle laid out in Goodway?
Ev capable of supporting disputed ID may be admissible - including obvious lies
51 of 76
What are the facts of Richardson?
Taxi picked up D wearing distinctive clothing - D stopped taxi - got out & assaulted man - got back in taxi & drove off - Crown applied successfully for admission of prev convictions
52 of 76
What was the decision in Richardson?
matter in issue was the ID of D. The fact D committed similar attack previously in same area was relevant - probative value
53 of 76
Why must a case be withdrawn from the tribunal?
It may be too dangerous for court to admit visual ID evidence at all if pros rely on poor ID ev with no supporting ev.
54 of 76
What are the facts of Daley?
could not be established that shopkeeper who identified D as wife's murderer had good chance of viewing killer from hiding place - no other ev linking D to crime
55 of 76
What is the contrasting case from Daley?
Dossett
56 of 76
What are the facts of Dossett?
night time robbery - was not a case of a mere glimpse
57 of 76
What was the decision in Dossett?
not necessary to look at someone long to take in key features
58 of 76
What do the Turnbull guidelines require?
Turnbull guidelines require judge to stop trial & direct acquittal where ID ev is deficient & unsupported
59 of 76
What were the facts of Nealon?
issue was whether court should receive fresh DNA ev - after conviction if conviction as unsafe
60 of 76
What was the decision in Nealon?
necessary to admit fresh DNA ev in interest of justice - effect of DNA was substantial on conviction - appeal allowed - conviction quashed
61 of 76
When must a Turnbull direction be delivered?
There must be Turnbull direction delivered whenever pros depends wholly/substantially on correctness of accused which D claims is mistaken
62 of 76
Does an ID need to be of the accused himself?
No - ID need not be of the accused himself
63 of 76
What were the facts of Bath?
Shopkeeper - obtained money in respect of stolen goods by D - identified one of children accompanying B in shop
64 of 76
What was the decision in Bath?
Identifying a companion is to identify the latter of accused - Turnbull direction required
65 of 76
What must a judicial warning cover?
(1) Warn special need for caution before conviction on ID ev (2) Explain why caution is required & remind jury a conviction can be mistaken (3) Remind jury of circumstances in which ID was made (4) Reminder of any weaknesses effecting case
66 of 76
What does supporting evidence do?
Signifies that witnesses ID is unlikely to be mistaken
67 of 76
Supporting evidence must be...
from a source independent from the witness
68 of 76
What can supporting evidence include?
Circumstantial evidence & false alibi's
69 of 76
What are the facts of Penny?
W of robbery - picked out in ID parade someone who owned car in relevant area - car was right model & colour - obscure number plate
70 of 76
Can convictions be based purely on ID evidence?
No!
71 of 76
What is the principle laid out in Weeder?
When ID ev is good, the ID of one witness can support another
72 of 76
What can a failure to deliver a Turnbull direction result in?
Failure to deliver Turnbull direction is taken seriously & may consider convictions unsafe - lead to quashed conviction
73 of 76
When do courts require the judge to give a warning?
When the Crown relies heavily on ID evidence
74 of 76
What can CCTV/Facial mapping help with?
Facial mapping may enhance value of poor quality images & expert ev may be admissible & CCTV can be shown as real evidence
75 of 76
Are sketches and photofits beneficial?
No - they can be misleading.
76 of 76

Other cards in this set

Card 2

Front

If there is no ID ev...

Back

there are no Turnbull guidelines

Card 3

Front

Is description of culprit & clothing visual ID evidence?

Back

Preview of the front of card 3

Card 4

Front

What was held in George?

Back

Preview of the front of card 4

Card 5

Front

With ID evidence, there is a risk of...

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all evidence resources »