Guernsey Judgment 10/2002 - Marsh v Law Officers of the Crown

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Evidence—identity—visual identification—if prosecution case depends on witness previously unacquainted with accused being able to recall accused's appearance from previous sighting, may require Turnbull direction—Jurats to be warned of difficulties of recollection and attention to be drawn to any circumstances of previous sighting affecting reliability of subsequent identification. Evidence—privilege—public interest immunity—proposed disclosure of relevant evidence may attract public interest immunity, e.g. because identifies informant or person assisting police—prosecution to make application to exclude evidence in presence of defendant's advocate if issue can be discussed without disclosing material evidence—court to weigh prejudice to defendant from exclusion against public interest in protecting identities and overriding consideration of fair trial. Human Rights—right to fair trial—evidential irregularities—court to decide whether appellant's right to fair trial under European