Tido v R [2011] UKPC 16
1) dock identification evidence is not inadmissible per se and not to be regarded as permissible in only the most exceptional circumstances. But:
- court must consider whether it might imperil D’s fair trial.
- if admitted, jury to be warned of danger of relying on it and disadvantage if D was denied identity parade.
- inconclusive identity parade may have assisted D and D may be identified because he is in the dock.
2) discretion to admit dock identification evidence to be exercised in light of particular circumstances of individual case.
- relevant circumstances will always include consideration of why identification parade was not held.
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