LT, R. v

LT, R. v

The judge erred in excluding the identification evidence as the circumstances did not render its admission unfair. The identification was made before any prompting by AH, and the process was sufficiently transparent for the jury to assess its reliability. The exclusion was an error of principle and not reasonable in the circumstances.

Parties
Applicant: Regina; Respondent: LT
Jurisdiction
England and Wales
Judgment Date
31 January 2019
Procedural Posture
Criminal Appeal / Appeal Against Exclusion of Identification Evidence Prior to Trial
Outcome
Appeal allowed; exclusion of identification evidence overturned.
Legal Topics
Identification Evidence, Admissibility of Evidence, Fair Trial, Police and Criminal Evidence Act Section 78, Criminal Justice Act 2003 Section 58
Criminal Law Identification Evidence Admissibility of Evidence Fair Trial Police and Criminal Evidence Act Section 78 Criminal Justice Act 2003 Section 58

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Applicant

LT

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Exclusion of Identification Evidence Prior to Trial

Legal Issues

  1. 1 Whether the trial judge erred in excluding identification evidence under s.78 PACE
  2. 2 Whether the circumstances of the identification (via Facebook image shown by third party) rendered the evidence inadmissible or unfair
  3. 3 Whether the exclusion of the evidence amounted to a terminating ruling

Ratio Decidendi

The judge erred in excluding the identification evidence as the circumstances did not render its admission unfair. The identification was made before any prompting by AH, and the process was sufficiently transparent for the jury to assess its reliability. The exclusion was an error of principle and not reasonable in the circumstances.

Court Disposition

Appeal allowed; exclusion of identification evidence overturned.

Orders

  • Resumption of proceedings in the Crown Court.