Visual ID Evidence

Question 1

Visual IDs are often unreliable – memory can be unreliable.

Answer 1

Known suspect – we already have info in them

Question 2

Available suspect – someone we can find easily

Answer 2

We don’t allow dock confrontation eg ‘is it him in the dock over there?’

Question 3

If we know who the suspect is –

Answer 3

• Visual ID
• ID parade
• Group ID
• Not allowed to do confrontation if they’re known or available.

Question 4

Known but unavailable suspect –

Answer 4

• Police will use photo or video they have on record of them

Question 5

Unknown and unavailable suspect –

Answer 5

• Driving around in a squad car
• Artist sketches

Question 6

S78 applies if you breach these processes.

Question 7

Does ID evidence need to be corroborated?

Answer 7

ID evidence doesn’t need to be corroborated (I saw that as well), unless its treason or perjury.

Question 8

Turnball Direction

Answer 8

Turball direction – the weaker the ID evidence, the more corroborative evidence is needed.
A single ID is never gonna be enough.
What things will impact on the ID evidence – quality of the view, lighting, state of mind, drunk or sober,
Just ID evidence which isn’t corroborated by other evidence – throw it out, but if there is, then give a warning.

Question 9

Lucas Direction

Answer 9

Lucas direction – Using lies as evidence of guilt. Lie must be established by evidence, other than the person accused of the lie. Need proof that it’s a lie and there’s no innocent motive for the lie.

Question 10

Complainants in sexual cases, children, mental health -

Answer 10

Judge will give a warning that people will give evidence for ulterior motives. In other words, if witness appears reliable, judge will warn of it e.g. business partner with an ax to grind.

Question 11

Special warning needs to be given –

Answer 11

if you fail to say ‘if you don’t answer this, adverse inferences could be drawn against you’ then no inferences can be drawn. – s36(4) CJPOA 1994.

Question 12

When identification (ID) evidence should be excluded?

Answer 12

Under PACE 1984 s.78 and common law, visual identification evidence should be excluded when:

The ID is Poor in Quality -
If a witness had:

Only a brief glance
Poor lighting or long distance
No clear features described
Stress or distraction during the ID

> The judge may rule the evidence inadmissible because it’s unreliable.

No Turnbull Warning Given -

If the judge fails to give a Turnbull direction where required (i.e. where the case relies substantially on disputed ID):

The conviction can be unsafe on appeal, or trial unfair.

Unfair or Improper ID Procedure -

If the ID was obtained through:

A dock identification (e.g. witness points at D in court)
A breach of Code D PACE (e.g. no video ID used without good reason)
Confrontation or improper pressure

The defence can apply to have it excluded under s.78 PACE (unfair impact on trial fairness).

No Corroboration / Sole Evidence -

If the only evidence is a weak ID, and there’s no supporting evidence:

The judge may stop the case or direct acquittal if it’s unsafe to leave it to the jury.

Judge’s Duty (Turnbull Case) -

The judge must consider exclusion or special warning if:

The witness had a fleeting glance
The conditions were difficult
There’s a serious possibility of mistaken ID

Real-World Example:

A witness sees a masked man for 2 seconds from 15 metres away in the rain, then points to the defendant in court weeks later — no video ID was done.

✅ Defence should argue for exclusion under s.78.

Question 13

what does code d reguate?

Answer 13

Code D sets the rules for how police identify suspects, so ID evidence is fair, reliable, and admissible.

Question 14

What are the Turnbull factors?

Answer 14

• Judge must warn jury of dangers of mistaken ID-
  Applies where ID is sole or decisive evidence.
  Key points: 1. Circumstances of observation (lighting, distance, time)
  2. Previous contact
  3. Discrepancies between original description and ID

Question 15

What are the four main ID methods?

Answer 15

Video
Group ID
Confrontation
Photo Array

Question 16

What happens if Code D is breached?

Answer 16

Doesn’t automatically exclude evidence- Court must consider whether the breach affects fairness (→ s.78 PACE)

Question 17

When Must a Turnbull Warning Be Given?

Answer 17

If the main evidence against the defendant is a witness saying “That’s the person I saw”, and:

The ID is disputed, and

The witness didn’t know the suspect before,

👉 Then the judge must give a special warning to the jury (the Turnbull warning).

Question 18

Is ID evidence excluded automatically if Code D is breached?

Answer 18

No

Question 19

What’s the default method of formal ID?

Answer 19

Video

Question 20

What is considered a breach of Code D?

Answer 20

❌ Breach
💥 Why It’s a Problem
Not using video ID when it was possible
Video ID is the default method – skipping it without reason = breach
Doing a dock ID without prior formal ID
Dock ID is disapproved unless no other option was available
No record made of what the witness said
The exact words of identification must be recorded for reliability
Confrontation used when not necessary
It’s only for rare situations, not the default
Failing to warn that suspect may not be present in lineup
Witness could feel pressured to “choose” someone = unreliable
Delaying ID procedures without justification
Memory fades – delay can undermine fairness
No proper consent or authorisation for fingerprints/photos
Legal authority is needed – breach if taken improperly

Question 21

Consequences of breach of code D?

Answer 21

Defence can apply to exclude the ID under PACE s.78
• Judge may find evidence unfair, unreliable, or inadmissible
• Can lead to acquittal if ID was the main evidence