Flashcards
Code D
Flashcards do conjunto (6)
- 1What does D1.2 state?The purpose for the procedures in the Code
- 2What does D3.1 state?A record needs to be made of the description before any formal ID is made
- 3What does D3.12 state?States when a formal ID procedure should be held
- 4What is the affects of a breach of Code D?A breach could result in an unsafe conviction, or inadmissibility of the evidence.
However if allowed, the weight of the evidence will be affected.
R v Forbes [2001] states the Judge should explain to the Jury that there has been a breach, and the circumstances in which it arose, and invited them to consider the affect. - 5Consider: Reg attends a video identification and identifies Adam as the man who robbed him. Adam is white and all of the other members of the parade were black. Which is/are true? (i) There has been a breach of Code D and the ID evidence is inadmissible as a matter of law. (ii) The judge may exclude the ID evidence in the exercise of his exclusionary discretion. (iii) Where a judge admits ID evidence in the context of a breach of Code D, an appropriate direction to the jury will be required to explain its significance.ii and iii are true, breaches do not automatically result in inadmissible evidence
- 6Consider: Sue and Rachel witnessed a murder. They attended a video identification. Sue made a positive I.D. of Fred. Rachel also picked out Fred, but was not 100% sure that he was the murderer. There is no other evidence against Fred. Which is/are true? (i) If Sue’s ID evidence is of good quality, the jury would be entitled to convict even if there was no other evidence against Fred. (ii) The jury must be directed to ignore Rachel’s evidence because she was not 100% sure. (iii) Evidence of Sue’s video identification is inadmissible because it is hearsay evidence.i is true, it is only weak and unsupported evidence which should be withdrawn, and good quality ID may be left to the Jury to decide.
ii is false, even though her evidence may be weak, there is supporting evidence
iii is false, it is not hearsay.
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- Law of Evidence (Identification Evidence) FlashCards sobre Code D, criado por James Dolton em 22-05-2018.
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- James Dolton
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