Source: All England Reporter
Publisher Citation: [2002] All ER (D) 146 (Oct)
Court: Administrative Court

Stanley Burnton J

Representation Janice Brennan (instructed by Crown Prosecution Service, Eastleigh) for the DPP.
  Ben Compton (instructed by White & Bowker, Winchester) for the defendant.
Judgment Dates: 10 October 2002


Criminal evidence - Identity - Visual identification - Dock identification - Defendant summonsed to appear before justices for driving offences - Defendant not indicating identity in issue - Police constable making dock identification - Defendant disputing identity after dock identification - Whether prosecution entitled to rely on dock identification - European Convention on Human Rights, art 6.

The Case

Where a defendant had not previously indicated that identification was an issue in a case, and disputed identification only after a dock identification in what was essentially an ambush defence, it was not unfair to allow the prosecution to rely on that evidence.

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