Exam 9: Suspect Evidence : Corroboration and Identification

In English Law, when is corroboration required by statute? S89 (2) of the Road Traffic Regulation Act 1984 provies that a person may not be convicted of speeding on the basis of the uncorroborated evidence of one witness who has expressed an opinion that the defendant was speeding.

The case of R v Makanjuola confirms that a judge cannot give a warning to the jury for the lack of corrobartive evidence. The judge has discretion whether to issue such a warning and the nature of of the warning. A judge is likely to use this warning if the witness is show to have lied in the trial

Breaches of Code D will automatically result in the evidence being excluded under S78 PACE. The nature of the breach and the quality of the identification evidence is crucial when the court exercises its discretion under S78. Exclusion is not automatic - (R v Forbes)

Which of the following questions must jurors take into account following the Turnbull Guidlines? The Turnbull guidelines were laid down by the Court of Appeal in 1977 to remind the jury of the possible dangers of identification evidence.

In the law relating to identification evidence, when will a judge direct an acquital to the jury? A judge must make a serious objective decision whether the identification evidence alone justifies leaving the case to the jury (R v Shervington 2008)

The Turnbull guidelines do not apply in cases where the prosecution seek to rely on voice identification evidence. According to Reid v R (1990), judges are required to given an even more stringent version of the Turnbull warning as it has be shown that experts giving evidence can still make mistakes.

An attempt to kill the Queen is subject to mandatory corroboration requirements. S1 Treason Act and and S2 (2)

Criminal courts may convict on the uncorroborated terstimony of one witness In English Law, a verdict can be based on evidence of a single witness or a confession. Subject to the few remaining exceptions.

Which significant case led to the creation of the Court of Appeal? The notorious case of Adolf Beckm who had been mistakenly identified by a numbe of victims of theft and fraud, let to the creation of the Court of Appeal in 1907. It took the courts 70 years to lay down guidelines on the possbility of mistaken identity.

Which of the following statements is incorrect? In-court identifications are usally frowned upon, a judge could use their discretion under S78 PACE to have the evidence excluded as it would be unfair.

Daniel, a witness to a crime, recognises his best friend Sam stealing a car on CCTV images produced by the court. Can the jury rely on this evidence? Using the case of A-G Reference (No 2 of 2002), it was held a jury can rely upon photogrpahic evidence in deciding whether the defendant committed the offence, where a witness knows the defendant sufficiently well to recognise the offender depicted in the photogrpahic image.

Which country within the United Kingdom does not allow a conviction on the evidence of a single testimony? Under Scottish law, there is a requirement for corroborating evidence, as the possibility of an unjust outcome is reduced if the verdict is based on more than piece of evidence.

Identification evidence is always reliable The nature of identification evidence means that it is often unreliable. The Turnbull guidelines provide some assistance in this area of law and although, the evidence can be suspect, it may still be admissible.

What is the translation of the Latin test maxim testis unus testis nullusrelating to corroboration, used in many continental legal systems? The effect means that a conviction should not be secured on the basis of one persons testimony alone. This is not the stance currently taken under English common law.

Which Statute curtailed the need for obligatory warnings in the absence of corroboration of particular witnesses? S32 of the Criminal Justice and Public Order Act removed the need for the judge to warn of the dangers of convicting in the absence of corroboration where the proescution witness was a complainant in a sexual offence or where they were an accomplice