LEGAL PRINCIPLE: CRIMINAL LAW – Identification Evidence – Identification Parade Required Only in Turnbull Situations
PRINCIPLE STATEMENT
An identification parade is essential only in situations where the victim did not know the accused before and was confronted by the offender for a very short time and circumstances where they might not have had full opportunity of observing the accused's features.
RATIO DECIDENDI (SOURCE)
"I agree with the submission of Counsel to the respondent that an identification parade is only essential in the situations enunciated in R. v. Turnbull & Ors (1976) 3 All E.R. 542 at 551. These are cases where the victim did not know the accused before and was confronted by the offender for a very short time and in which time and circumstances he might not have had full opportunity of observing the features of the accused."
EXPLANATION / SCOPE
The Turnbull guidelines from English law govern identification parade necessity. Parades are essential when identification reliability is questionable: stranger identification, fleeting observation, poor viewing conditions, or stressful circumstances. Parades become unnecessary when: the accused was known to witnesses before the offense, witnesses had ample opportunity to observe, identification occurred in different circumstances strengthening reliability, or multiple identifying factors exist. Courts assess identification quality case-by-case rather than requiring parades mechanically. The principle prevents wrongful convictions from mistaken identification while avoiding unnecessary procedures where identification reliability is established through other means. Factors affecting parade necessity include: prior acquaintance, observation duration, lighting, distance, and witness certainty.