Identification evidence

Question 1

Which of these is identification evidence?

A) A description of the culprit or his clothing
B) An description of the car that the culprit was driving
C) The selection of a person as the person they saw at the scene

Answer 1

C

Question 2

What are the Turnbull guidelines?

Answer 2

1. The judge should warn the jury of the special need for caution before convicting the accused in reliance on the correctness of the identification or identifications.
2. Secondly, the judge should direct the jury to examine closely the circumstances in which the identification by each witness came to be made
3. The Judge should remind the jury of any specific weaknesses which had appeared in the identification evidence.
4. The judge should remind the jury that it is easier to recognise someone you know than a stranger- but that mistakes in recognition of close relatives and friends are sometimes made.
5. When, the quality of the identifying evidence is poor the judge should then withdraw the case from the jury and direct an acquittal unless there is other evidence which goes to support the correctness of the identification.
6. The trial judge should identify to the jury the evidence which he adjudges is capable of supporting the evidence of identification.

Question 3

A Turnbull direction must be provided even if the prosecution case depends wholly or substantially on visual identification. True or false?

(Blackstone F18.10)

Answer 3

False

A Turnbull direction need not be provided unless the prosecution case depends wholly or substantially on visual identification.

Question 4

A particularly robust Turnbull direction may be needed where for one reason or another the prosecution adduce hearsay evidence of identification in the form of a statement from a witness who is not available to testify at trial. True or false?

Answer 4

True