Evidence: Visual identification

Question 1

When should a Turnbull direction be given?

Answer 1

Case depends wholly/substantially on correctness of visual identification

Question 2

What are the three things judges tell juries for a turnbull direction?

Answer 2

• reason for need for warning
• direct to examine circumstances of identification
• remind of any weaknesses

Question 3

What other evidence could support an identification?

Answer 3

o Scientific evidence
o Multiple identifications
o Bad character/pre-con
o Silence on interview
o Admissions at scene/interview/witness box

Question 4

What will juries consider when considering the quality of identification evidence?

Answer 4

• Amount of time under observation
• Distance
• Visibility
• Obstruction
• Known or seen before
• Any reason to remember
• Time lapse
• Error or material discrepancy

Question 5

What is the judges role when a case relies on visual ID?

Answer 5

stop case if poor and unsupported