Identification Evidence in UK Law

Leading Cases
  • James Holland v HM Advocate
    • Privy Council
    • 11 Mayo 2005

    When a witness is invited to identify the perpetrator in court, there must be a considerable risk that his evidence will be influenced by seeing the accused sitting in the dock in this way. So a dock identification can be criticised in two complementary respects: not only does it lack the safeguards that are offered by an identification parade, but the accused's position in the dock positively increases the risk of a wrong identification.

  • R v Forbes (Anthony Leroy)
    • House of Lords
    • 14 Diciembre 2000

    But if the breach is a failure to hold an identification parade when required by D2.3, the jury should ordinarily be told that an identification parade enables a suspect to put the reliability of an eye-witness's identification to the test, that the suspect has lost the benefit of that safeguard and that the jury should take account of that fact in its assessment of the whole case, giving it such weight as it thinks fair.

  • R v Turnbull
    • Court of Appeal (Criminal Division)
    • 09 Julio 1976

    When, in the judgment of the trial Judge, the quality of the identifying evidence is poor, as for example when it depends solely on a fleeting glance or on a longer observation made in difficult conditions, the situation is very different. The Judge should then withdraw the case from the jury and direct an acquittal unless there is other evidence which goes to support the correctness of the identification.

  • Leslie Pipersburgh and Another v The Queen
    • Privy Council
    • 21 Febrero 2008

    In the present case, it may well be that the judge bemoaned the fact that no identification parade had been held and pointed out the advantages of such a parade. But, despite what the Board had said in Pop, he did not point out that Mr Robateau had thereby lost the potential advantage of an inconclusive parade.

  • R v Pop (Aurelio)
    • Privy Council
    • 22 Mayo 2003

    He should have gone on to warn the jury of the dangers of identification without a parade and should have explained to them the potential advantage of an inconclusive parade to a defendant such as the appellant. For these reasons, he should have explained, this kind of evidence was undesirable in principle and the jury would require to approach it with great care: R v Graham [1994] Crim LR 212 and Williams (Noel) v The Queen [1997] 1 WLR 548.

  • Tido v R
    • Privy Council
    • 15 Junio 2011

    Where it is decided that the evidence may be admitted, it will always be necessary to give the jury careful directions as to the dangers of relying on that evidence and in particular to warn them of the disadvantages to the accused of having been denied the opportunity of participating in an identification parade, if indeed he has been deprived of that opportunity.

  • R v Goodway
    • Court of Appeal (Criminal Division)
    • 29 Julio 1993

    That is to the effect that the lie must be deliberate and must relate to a material issue. The jury must be satisfied that there is no innocent motive for the lie and should be reminded that people sometimes lie, for example, in an attempt to bolster up a just cause, or out of shame, or out of a wish to conceal disgraceful behaviour.

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Legislation
  • The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ... ... , controls and procedures—(a) which provide for the identification and scrutiny of—(i) any case where—(aa) a transaction is complex ... shares evidenced by a share certificate (or any other documentary evidence) indicating that the holder of the certificate or document is entitled to ... ...
  • International Criminal Court (Scotland) Act 2001
    • Scotland
    • 1 de Enero de 2001
    ... ... 10 repealed (1.11.2002) by Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9), s. 9; S.S.I. 2002/443, art. 3 ... Part 2: ... do so unless—(a) they are satisfied that other means of identification have been tried and have proved inconclusive; and(b) they have notified ... ...
  • Immigration Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... (within the meaning of section 114B of the Police and Criminal Evidence Act 1984) ... (5) In this section “worker” has the same meaning as ... —(a) by a senior officer (“S”) only if S produces identification showing that S is an immigration officer (whether or not S is asked to do ... ...
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... (2) Active case management includes―(a) the early identification of the real issues;(b) the early identification of the needs of ... of the case and compliance with directions;(e) ensuring that evidence, whether disputed or not, is presented in the shortest and clearest ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • Practical Implications of the UK Money Laundering Regulations 2003 - Which are Now in Force
    • Mondaq United Kingdom
    ... ... Identification ... The first practical impact of the new regulations is likely to be the ... as soon as is practicable after contact is first made, you obtain evidence of the new client's identity. This means that either the client must ... ...
  • Electronic Fingerprints
    • Mondaq United Kingdom
    ... ... of detecting fraudulent acts through examination of electronic evidence ... Electronic data identification and capture is now a necessary ... ...
  • Update To Right To Work Check Requirements For EEA Nationals
    • Mondaq UK
    ... ... EEA Nationals will need to provide proof of status or ... evidence of a pending application under the EU Settlement ... If an employer finds ... following: ... EEA national passports and national identification cards are no ... longer able to be evidence for Right to Work checks, ... ...
  • Evidence - What Happens When Evidence is Obtained Illegally?
    • Mondaq United Kingdom
    ... ... confidentiality.  On the other hand, there is a need to ensure a just resolution to a dispute based on a truthful and comprehensive identification of the evidence (in this case the financial assets in the marriage) ... Mr Imerman argued that the law should preserve his right to protect ... ...
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Forms
  • Draft Letter of request for examination of witness out of jurisdiction (to be filed by a party under rule 34.13(6))
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... witnesses should be examined regarding (set out full details of evidence sought) ...  (N.B. Where the witness is required to produce ... produced on such examinations to be duly marked for identification and that you will further be pleased to authenticate such examinations by ... ...
  • Annex C - Application for establishment of a decision
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... d.   Personal identification number: _______________________ ... (include name of country or ...  Formal statement providing evidence relating to parentage ...  Decision of competent authority ... ...
  • Annex D - Application for modification of a decision
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... a.   Personal identification number: ____________________________________ ... (including name of ...  Evidence establishing a change in income or other change in circumstances ... ... ...
  • Draft Chancery case management directions
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... ] an               interval between close of evidence and final submissions of [      day(s)] [or ... parties shall liaise with a view to agreeing a method of identification of any documents referred to in the witness statements ... The [ ... ...
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