Visual Identification Evidence

Question 1

Three safeguards against ID evidence:

Answer 1

1. PACE Code D
2. Turnbull guidelines
3. The rule against ‘dock identification’

Question 2

When should a Turnbull direction be given?

Answer 2

When the prosecution case depends WHOLLY or SUBSTANTIALLY on visual identification

Question 3

R v Turnbull:

Answer 3

When relevant, TJ should:

• warn jury about the special need for caution before convicting on the reliance of ID evidence
• reference a mistaken witness could be convincing and honest
• direct jury to examine circumstances closely
• recognition may be more reliable than ID but can be mistaken
• remind jury of any weaknesses in ID evidence

Question 4

If D’s presence at the scene is admitted:

Answer 4

No Turnbull required but in some circumstances, it still will be

Question 5

If ID evidence is deficient and unsupported by sufficient alternative evidence:

Answer 5

Turnbull requires TJ to invited defence to make a submission for acquittal

Question 6

ADVOKATE

Answer 6

A - amount of time under observation
D - distance 
V - visibility 
O - obstruction 
K - known/seen before
A - any reason to remember 
T - time lapse 
E - error or material discrepancy