The Admissibility of Identification Evidence Made on the Basis of Recognition from Photographs Taken at a Crime Scene

AuthorAdam Jackson
DOI10.1177/0022018316659958
Date01 August 2016
Published date01 August 2016
Subject MatterCourt of Appeal
CLJ658184 224..236 234
The Journal of Criminal Law 80(4)
wrote that ‘the husband and wife are one person in law’ he may well, like Lord Atkin over two centuries
later, have had the words of Jesus in mind, this time from Mark 10:7–8 ‘Therefore a man shall leave his
father and mother and hold fast to his wife, and the two shall become one flesh.’
Is Parliament there to preserve religious ideology, or to preserve and promote the freedom, rights, and
responsibilities of citizens who, whether they agree with it or not, live in a society where freedoms and
entitlements must be balanced against obligations and responsibilities? The marital exemption ought to
be as much of a fiction as the doctrine of the unity of marriage itself. It is long overdue for abolition.
Damian Warburton
The Admissibility of Identification Evidence
Made on the Basis of Recognition from
Photographs Taken at a Crime Scene
R v Doherty [2016] EWCA Crim 246
Keywords
ID evidence, recognition, Turnbull guidelines, photographs, police officers
The appellant (D) was charged with three domestic burglaries, each of which took place in early
December 2014. In each case entry to a domestic residence was gained by smashing glass in the rear
doors of the property and at each burglary, jewellery and other valuable items were stolen. The third
property to be burgled had an exterior CCTV camera, from which photographs of two burglars arriving
at and subsequently leaving the premises were obtained.
On the 15 December police searched a house in Peterborough where they discovered stolen property
from one of the burglaries. On 22 December 2014, while examining the still photographs taken from the
CCTV footage of the third burglary, PC Cummings, a member of the Prolific Offenders Team, recog-
nised the two burglars as D and another man, C. The following day police again searched the house in
Peterborough, which they had previously searched on 15 December. On this occasion D and the home-
owner Y were present at the house, where police again found...

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