Identification

Identification

1. Has there been an identification?

   • Is it disputed?
     • Does the prosecution case depend wholly or substantially on this evidence?
       • Case of Turnbull will apply.
         • Assess the strength of the evidence by reference to the ADVOKATE factors; apply them to the fact pattern, do not bother to write it out explaining what they mean unless you immediately apply them to the fact pattern.
           • A
           • D
           • V
           • O
           • K
           • A
           • T
           • E
           • If evidence weak and uncorroborated, judge will withdraw it from the jury
             • If evidence is weak but corroborated by other evidence (eg found with goods stolen in the robbery) then judge will admit it with a Turnbull warning