Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. A committee was set up in the mid-1970s under the chairmanship of Lord Devlin to report on identification evidence and identification procedures. Since publication of the Devlin Report both common law and statute have achieved much in reducing the risk of miscarriages of justice through mistaken identifications. This chapter discusses the following: the inherent unreliability of evidence of identification; the Court of Appeal’s decision in Turnbull; identification procedures and PACE Code D; and assorted methods of identification.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Since publication of the Devlin Report both common law and statute have striven to reduce the risk of miscarriages of justice through mistaken identifications. This chapter discusses the following: the inherent unreliability of evidence of identification; the courts’ strong disapproval of dock identifications; the Court of Appeal’s landmark decision in Turnbull; identification procedures and PACE Code D; and assorted methods of identification, including the increasingly important topic of identifications made using social media.
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Chapter 6 first considers the three categories of factors which may contribute to the mistaken identification of the defendant as the perpetrator of the offence: witness factors, event factors, and post-event factors. It then turns to R v Turnbull in 1976, where the Court of Appeal laid down the famous ‘Turnbull guidelines’ on judicial warnings to the jury about visual identification evidence. This is followed by discussions of discretionary exclusion of identification evidence and the use of photographs and video recordings.
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This chapter considers the risk of mistaken identification, and the law and procedure relating to evidence of visual and voice identification. In respect of evidence of visual identification, the chapter addresses: the Turnbull guidelines, including when a judge should stop a case and the direction to be given to the jury; visual recognition, including recognition by the jury themselves from a film, photograph, or other image; evidence of analysis of films, photographs, or other images; pre-trial procedure, including procedure relating to recognition by a witness from viewing films, photographs, either formally or informally; and admissibility where there have been breaches of pre-trial procedure. In respect of evidence of voice identification, the chapter addresses: pre -trial procedure; voice comparison by the jury with the assistance of experts or lay listeners; and the warning to be given to the jury (essentially an adaption of the Turnbull warning, but with particular focus on the factors which might affect the reliability of voice identification).
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This chapter considers the risk of mistaken identification, and the law and procedure relating to evidence of visual and voice identification. In respect of evidence of visual identification, the chapter addresses: the Turnbull guidelines, including when a judge should stop a case and the direction to be given to the jury; visual recognition, including recognition by the jury themselves from a film, photograph, or other image; evidence of analysis of films, photographs, or other images; pre-trial procedure, including procedure relating to recognition by a witness from viewing films, photographs, either formally or informally; and admissibility where there have been breaches of pre-trial procedure. In respect of evidence of voice identification, the chapter addresses: pre-trial procedure; voice comparison by the jury with the assistance of experts or lay listeners; and the warning to be given to the jury (essentially an adaption of the Turnbull warning, but with particular focus on the factors which might affect the reliability of voice identification).
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The criminal process is, to a large extent, an investigative one, existing to prepare cases for effective trial. To this end, authorities are given powers enabling them to gather evidence. But these powers can infringe numerous interests, some relating to the workings of the process itself, in addition to external ones, such as liberty, privacy, freedom from humiliation, and bodily integrity. This chapter examines how the gathering of evidence is and should be affected by these concerns and covers powers and practices in relation to the investigation of crime and the gathering of evidence. It discusses stop and search, surveillance, eyewitness identification evidence, voice identification, forensic and biometric samples, and the privilege against self-incrimination.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter discusses supporting evidence, which is variously referred to in textbooks as hazardous evidence, supporting evidence or safeguards against unreliability and error. Supporting evidence encompasses types of evidence that might intrinsically be of questionable reliability and, therefore, require supportive evidence. Key areas are disputed identification and lies told by the defendant. It is important to be familiar with the two distinct ways that the reliability of identification evidence is enhanced: first, the judge should issue the Turnbull guidelines; and, secondly, Code D of the Codes of Practice of the Police and Criminal Evidence Act 1984 should be followed in relation to identification procedures.
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Examination in chief is the process whereby a party, who has called a witness to give evidence on his behalf, elicits from that witness evidence relevant to the issues and favourable to the examiner’s case. This chapter discusses the following: the nature and conduct of examination in chief; memory-refreshing by the witness; previous consistent statements; identification evidence; the Turnbull Guidelines on identification; unfavourable and hostile witnesses; and presentation of evidence by non-traditional means. The courts make increasing use of ‘special measures’ to assist witnesses in giving evidence, for example, through the use of intermediaries, live links and Achieving Best Evidence interviews.
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A number of concepts are critical to an understanding of the topic. Data protection legislation has historically applied where personal data concerning an identifiable individual is processed by a data controller using automated equipment. Developments in technology make it increasingly difficult to apply these concepts. Data that a decade ago would have been anonymous can now readily be linked to an individual. The emergence of cloud computing technology also creates legal complications in determining where processing takes place and which legal system will govern conduct. This chapter will focus on definitional issues in order to provide a basis for more detailed discussion of the application of data protection legislation in the following chapters.
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This chapter discusses the ways in which organizations and their members might be held liable in criminal law. It covers personal liability of individuals within an organization; vicarious liability; corporate liability: by breaching a statutory duty imposed on the organization, by committing strict liability offences, by being liable for the acts of individuals under the identification doctrine, and the specific statutory liability of organizations for homicide under the Corporate Manslaughter and Corporate Homicide Act 2007; and liability of unincorporated associations.
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Adrian Keane and Paul McKeown
The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight, and discretion. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, proof of facts without evidence, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, visual and voice identification, documentary and real evidence, evidence obtained by illegal or unfair means, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege and judgments as evidence of facts on which they were based.
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Martin Hannibal and Lisa Mountford
This chapter considers the nature of corroborative evidence; the situations where corroborative evidence is required as a matter of law; the situations where a corroboration warning might be given as a matter of judicial discretion; and the application of the ‘Turnbull guidelines’ in cases where eye-witness identification is disputed. It also explains the rules relating to opinion evidence and to expert opinion evidence in particular.
Book
Adrian Keane and Paul McKeown
The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight, and discretion. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, proof of facts without evidence, documentary and real evidence, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, visual and voice identification, evidence obtained by illegal or unfair means, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege, and the admissibility of previous verdicts.
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Martin Hannibal and Lisa Mountford
This chapter considers the following: the dangers of eye-witness identification; how identification evidence is obtained by the police during the police investigation; the pre-trial safeguards contained in the identification procedures under Code D of the Police and Criminal Evidence Act 1984 (PACE); the admissibility of eye-witness evidence obtained in breach of Code D; obtaining fingerprints, intimate and non-intimate samples at the police station; DNA evidence and identification evidence given by expert witnesses.
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David Ormerod and Karl Laird
This chapter focuses on the potential criminal liability of organizations, particularly corporations. Corporations have a separate legal identity and are treated in law as having a legal personality distinct from the people who make up the corporation. Therefore, in theory at least, criminal liability may be imposed on the corporation separately from any liability imposed on the individual members. There are currently six ways in which a corporation or its directors may be prosecuted: personal liability of corporate directors, etc; strict liability offences; statutory offences imposing duties on corporations; vicarious liability; the identification doctrine; and statutory liability of corporate officers. The chapter also discusses the limits of corporate liability, the distinction between vicarious liability and personal duty, the application of vicarious liability, the delegation principle and the ‘attributed act’ principle. The chapter examines the failure to prevent offences found in the Bribery Act 2010 and the Criminal Finances Act 2017.
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This chapter examines a number of procedural matters in criminal trials. It first explains suspect evidence and the erosion of the rules on corroboration under the Criminal Justice and Public Order Act (CJPOA)1994. It then concentrates in some detail on identification evidence concerned with the Turnbull directions and the provisions of Code D Police and Criminal Evidence Act (PACE) 1984. The extent to which the defendant’s lies may constitute evidence of guilt is explained, along with a review of Lucas directions. It continues with a review of the various procedural aspects of examination and cross-examination. The chapter concludes with a discussion of the rules on cross-examination of complainants in sexual cases on their previous sexual history along with the case law under s41 Youth Justice and Criminal Evidence Act (YJCEA)1999.
Book
Maureen Spencer and John Spencer
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Evidence Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction, the book covers principles and key concepts; burden of proof; confessions and the defendant’s silence; improperly obtained evidence, other than confessions; character evidence; hearsay evidence; competence and compellability, special measures; identification evidence and questioning at trial; opinion evidence; public interest immunity; and privilege. New to this, the sixth edition, is an increased coverage of identification.
Book
Andrew L-T Choo
Andrew Choo’s Evidence provides an account of the core principles of the law of civil and criminal evidence in England and Wales. It also explores the fundamental rationales that underlie the law as a whole. The text explores current debates and draws on different jurisdictions to achieve a mix of critical and thought-provoking analysis. Where appropriate the text draws on comparative material and a variety of socio-legal, empirical, and non-legal material. This (sixth) edition takes account of revisions to the Criminal Procedure Rules, the Criminal Practice Directions, and the Police and Criminal Evidence Act Codes of Practice. It also examines in detail cases on various topics decided since the last edition was completed, or the significance of which has become clear since then, including:
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Addlesee v Dentons Europe llp (CA, 2019) (legal professional privilege)
• Birmingham City Council v Jones (CA, 2018) (standard of proof)
• R v B (E) (CA, 2017) (good character evidence)
• R v Brown (Nico) (CA, 2019) (hearsay evidence)
• R v C (CA, 2019) (hearsay evidence)
• R v Chauhan (CA, 2019) (submissions of ‘no case to answer’)
• R v Gabbai (Edward) (CA, 2019) (bad character evidence)
• R v Gillings (Keith) (CA, 2019) (bad character evidence)
• R v Hampson (Philip) (CA, 2018) (special measures directions)
• R v K (M) (CA, 2018) (burden of proof)
• R v Kiziltan (CA, 2017) (hearsay evidence)
• R v L (T) (CA, 2018) (entrapment)
• R v Reynolds (CA, 2019) (summing-up)
• R v S (CA, 2016) (hearsay evidence)
• R v SJ (CA, 2019) (expert evidence)
• R v Smith (Alec) (CA, 2020) (hearsay evidence)
• R v Stevens (Jack) (CA, 2020) (presumptions)
• R v Townsend (CA, 2020) (expert evidence)
• R v Twigg (CA, 2019) (improperly obtained evidence)
• R (Jet2.com Ltd) v CAA (CA, 2020) (legal professional privilege)
• R (Maughan) v Oxfordshire Senior Coroner (SC, 2020) (standard of proof)
• Serious Fraud Office v Eurasian Natural Resources Corpn Ltd (CA, 2018) (legal professional privilege)
• Shagang Shipping Co Ltd v HNA Group Co Ltd (SC, 2020) (foundational concepts; improperly obtained evidence)
• Stubbs v The Queen (PC, 2020) (identification evidence)
• Volaw Trust and Corporate Services Ltd v Office of the Comptroller of Taxes (PC, 2019) (privilege against self-incrimination)
• Volcafe Ltd v Cia Sud Americana de Vapores SA (SC, 2018) (burden of proof)
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The effective enforcement of law requires that liability be appropriately allocated, that those with the appropriate incentives be in a position to enforce the liabilities thus created and that the sanctions available be effective. Otherwise, the substantive law may be ineffective in practice.This chapter examines these issues in relation to companies and individuals connected to companies in three contexts: civil law (mainly contract and tort), criminal law, and regulatory rules. Although much of the background law is of general application, it applies in a particular way to companies and individuals engaged in corporate activities.
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This chapter examines a number of procedural matters in criminal trials. It first explains suspect evidence and the erosion of the rules on corroboration under the Criminal Justice and Public Order Act 1994. It then concentrates on identification evidence concerned with the Turnbull directions and the provisions of Code D to PACE 1984. It continues with a review of some procedural aspects of examination and cross examination. The chapter concludes with an examination of the rules on cross examination of complainants in sexual cases on previous sexual history and the case law under section 41 Youth Justice and Criminal Evidence Act 1999.
