Identification Evidence

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Reliable witnesses may make a false ID of suspect, even when they are well known to him. True or false?
True!
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If there is no ID ev...
there are no Turnbull guidelines
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Is description of culprit & clothing visual ID evidence?
No - even if it provides an accurate description.
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What was held in George?
W seen culprit's face - should be invited to ID parade if suspect is available
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With ID evidence, there is a risk of...
wrongful conviction.
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ID ev of W who may have only caught a mere glance of offender is unreliable. What may this case?
A miscarriage of justice.
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What are the facts of Mattan?
CA quashed murder conviction - appellant hung 42 years earlier on flawed ev of ID
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If there is no argument that ID is mistaken...
there is no issue - Turnbull need not be considered.
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What does PACE Code D provide?
a second means of reducing risk of miscarriage of justice from mistaken ID
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What does PACE Code D require?
record to be made of description of suspect first given by W
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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
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What does Code D do?
Code D provides safeguards for D's & officers
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If the Id of the suspect is known, the police may use...
video ID or ID parade
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What is Annex A?
It is procedure for testing ability of W to make an ID
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What does Annex A NOT mean?
does not mean ID from CCTV recordings
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What does (VIPER) stand for?
Video Identification Parade Electronic Recording
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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
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What problems can VIPER cause?
Supects appearing on video parade in ill-fitted clothing
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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
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What is an Identification parade?
W sees suspect in line of 8 others who resemble suspect
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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
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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
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What was the decision in Harris?
This fell within Code D
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What was the decision in R(H) V DPP?
it would have served no useful purpose for police to have organised ID parade
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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
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What is the principle laid out in Forbes?
If eye-witness fails to ID suspect this will strengthen his position during trial
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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
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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
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What was the decision in Popat?
if there has been actual & complete procedure, there is no need to hold further ID procedure
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What are the facts of Marcus?
Due to suspect unusual features - lack of images in VIPER - police organised 2 seperate vid parades
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What was the decision in Marcus?
disapproved of resourcefulness - quashed M's conviction - Code D violation
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What are the facts of Akinyemi?
Victim attempted robbery - kept A in view while police chased & apprehended him
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What was the decision in Akinyemi?
Police had no obligation to hold ID parade
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Fill the gaps: Witnesses frequently describe ___________ rather than visual features
clothing & appearance
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What was the decision in Steadman?
Code D does not require voice ID parade to be held in cases which voice ID arises
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What will a breach lead to?
The court will exclude evidence under s78 PACE
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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
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What was the decision in Kingdom?
Judge rightly admitted ev of successful ID
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What are the facts of Smith (Dean Martin)?
Officers viewed CCTV recording - make ID of people involved in nightclub shooting
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Can Voice ID parades be held?
Under no circumstances should attempt be made to conduct live vid ID procedure using live suspect & foils
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What is dock identification?
ID suspects for first time at trial
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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
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W who identifies D as offender is...
expected to support this with evidence
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Which legislation governs ev of previous identification?
S120(4) - (5) Crim Justice Act 2003
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Turnbull issued set out guidelines to...
reduce risk of miscarriage of justice from admission of unreliable ID evidence
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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
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What was the decision in Najjar?
no Turnbull direction needed
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What is identification & recognition?
Ev in cases where W claims to ID stranger he has never saw before incident
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Are mistakes in recognising close family & friends often made?
Yes - the jury must be warned of this!
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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
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What is the principle laid out in Goodway?
Ev capable of supporting disputed ID may be admissible - including obvious lies
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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
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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
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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.
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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
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What is the contrasting case from Daley?
Dossett
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What are the facts of Dossett?
night time robbery - was not a case of a mere glimpse
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What was the decision in Dossett?
not necessary to look at someone long to take in key features
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What do the Turnbull guidelines require?
Turnbull guidelines require judge to stop trial & direct acquittal where ID ev is deficient & unsupported
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What were the facts of Nealon?
issue was whether court should receive fresh DNA ev - after conviction if conviction as unsafe
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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
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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
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Does an ID need to be of the accused himself?
No - ID need not be of the accused himself
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What were the facts of Bath?
Shopkeeper - obtained money in respect of stolen goods by D - identified one of children accompanying B in shop
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What was the decision in Bath?
Identifying a companion is to identify the latter of accused - Turnbull direction required
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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
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What does supporting evidence do?
Signifies that witnesses ID is unlikely to be mistaken
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Supporting evidence must be...
from a source independent from the witness
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What can supporting evidence include?
Circumstantial evidence & false alibi's
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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
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Can convictions be based purely on ID evidence?
No!
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What is the principle laid out in Weeder?
When ID ev is good, the ID of one witness can support another
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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
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When do courts require the judge to give a warning?
When the Crown relies heavily on ID evidence
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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
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Are sketches and photofits beneficial?
No - they can be misleading.
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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

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