The defendant appealed by case stated against a decision of the Crown Court on appeal rejecting his assertion that he had not been proved to have been driving a car on the occasion when the offences occurred. The court had allowed a dock identification by a police officer, who said that he had spoken to the driver for about 5 minutes.
Held: There had been no prior indication that identity was an issue, and the failure to carry out an ID parade before the trial was proper. There was no basis upon which any could have been ordered, and ‘The evidence before the Crown Court was more than sufficient to justify the dismissal of the appellant’s appeal before it, without having regard to the dock identification.’
The court noted that it would be wrong to commence an identification procedure after the commencement of the trial.
Judges:
Stanley Burnton J
Citations:
[2002] EWHC 2175 (Admin), (2002) 166 JP 753
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Manchester Coroner, ex parte Tal 1985
The court asked whether the Divisional Court was bound by previous decisions of that court, and answered: ‘we find it difficult to imagine that a single judge exercising this (supervisory) jurisdiction (of the High Court) would ever depart from a . .
Cited – Barnes v Chief Constable of Durham Admn 24-Apr-1997
The defendant was prosecuted for a driving offence. No identification parade had been held, and he was identified in the dock at court.
Held: Despite the firmly-rooted hostility to dock identifications in the Crown Court, they are permitted in . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 27 May 2022; Ref: scu.460349