A THOROUGH INSIGHT INTO ID EVIDENCE
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
It’s been a while since we reviewed the first edition of this excellent book- seven years to be precise. It remains a massive support source for those of us involved in adducing identification (‘ID’) evidence in mainly criminal and some civil proceedings. Jordans have taken over publication and Paul Bogan QC is joined by the distinguished academic, Andrew Roberts, for this new second edition.
This subject area is top heavy with case law and, as the authors observe, the Court of Appeal decisions represent a significant proportion of appellate business so their fair share of unsafe convictions does reflect the special place ID evidence occupies in the investigation and prosecution of crime.
The structure of the books has remained much the same with an introduction followed by Parts on investigation, Trial and Scientific Evidence. What is new is the much expanded text on the psychology of ID evidence, and the changes in Part 1 of the book covering Code D.
The other principal change is the provision of more detailed guidance on the procedures for obtaining evidence of recognition from images. Bogan and Roberts provide an outline of the prospective legislative reform of what they describe as the on-going jurisprudential saga over the retention and use of fingerprint and DNA samples involving unconvicted suspects- as we have seen, this issue will run and run.
The effect of the 2003 CJA on hearsay and bad character have led to the reworking of the main chapter in Part 2 looking at admissibility and exclusion of evidence at trial and this will be of great assistance to Defence Counsel. The digest of recent case law is particularly helpful here.
With the continued advances in forensic science, the law has not stood still so the chapters in Part 3 have been revised. Of significance is the rewritten text of the DNA chapter giving us a greater understanding of the science, the forensic techniques, the statistical analysis of the findings and the potential shortcomings which we have with ID evidence.
As the authors say, the contribution of two minds rather than one, combining academic and practical expertise, gives the practitioner assistance in the original aim of the book which is to provide a better understanding of the law and practice relating to identification.
In just under 600 pages with 18 chapters and six important appendices, the criminal practitioner is given a thorough insight into this area of criminal practice. We said of the first edition that this is a gem of a book for practitioners because it brings together all the difficulties associated with adducing ID evidence on both sides. It still is and a fundamental title for your criminal practice library!