[2004] EWCA Crim 490

It was advisable, in every case in which a Turnbull direction could be required, for there to be a discussion between the judge and counsel, prior to speeches and summing-up, as to how identification issues would be addressed. Where an informal identification had taken place after the original observation of the offender when the incident took place, any liability to error in that identification would require attention in the judge's summing-up in the same way as would the original observation.

CA (Crim Div) (Waller LJ, Hedley J, Judge Stephens QC)

10/03/2004