R v Turnbull

Facts

The Court of Appeal heard together a group of appeals in which the prosecution depended on visual identification. Lord Widgery CJ used them to lay down guidelines for judges summing up such cases.

Issue

What must a judge tell a jury where the case depends on a disputed identification?

Held

The guidelines were stated as a practice the courts must follow. A failure to follow them is a ground on which a conviction will be quashed.

Principle

The judge warns of the special need for caution, explains that a convincing witness can be mistaken, directs the jury to the circumstances of the observation, and withdraws a poor identification unless other evidence supports it.

Why it matters

The guidelines apply only where the identification is disputed and the case depends on it wholly or substantially. Voice identification is outside them.

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