Solicitors Qualifying Examination (SQE) Practice Exa\

What action should be taken if a breach occurs in an ID procedure according to Code D?

1. Ignore the breach if sufficient evidence exists

2. Challenge its admissibility and rely on the Turnbull Guidelines if that fails

3. Accept the breach without any action

4. Appeal the decision immediately

The correct answer is: Challenge its admissibility and rely on the Turnbull Guidelines if that fails

The correct action to take if a breach occurs in an identification procedure, according to Code D, is to challenge its admissibility and rely on the Turnbull Guidelines if that challenge fails. In legal contexts, when a breach occurs—such as an improper ID procedure—it can affect the integrity of the evidence gathered. The Turnbull Guidelines provide a framework for judges when considering the reliability of witness identifications in circumstances where there may be a threat to the fairness of a trial, particularly when the evidence is solely based on identification. By challenging the admissibility of the evidence, one is seeking to ensure that the trial is fair and that any prejudicial effects from the breach are considered. If this challenge to admissibility fails, relying on the Turnbull Guidelines helps to bolster the argument regarding the reliability of identification evidence, ensuring that any issues stemming from the breach are discussed in terms of their potential impact on the trial outcome. This approach balances the need for procedural integrity with the pursuit of justice and fair trial rights.