Criminal Note of Appeal Against Conviction:- On 12 January 2006 at the High Court in Glasgow the appellant was found guilty of a charge of assault and attempted robbery. The central issue at trial was the identification of the appellant as the perpetrator. Both of the two female employees referred to in the charge gave evidence and the trial advocate depute sought a dock identification from them both. Formal objection was taken by defence counsel at that time. At the close of the Crown case defence counsel sought to advance the earlier objection to the admissibility of the dock identification on the basis that:- (1) the evidence was inadmissible at common law as having been unfairly obtained; and (2) its admission as evidence was incompatible with the appellant's rights under Article 6 of the European Convention in which respect counsel sought to have received a devolution minute. The trial judge refused the motion. Here the court considered the fairness of the identification notwithstanding the terms of section 79A(2) of the Criminal Procedure (Scotland) Act 1995 which generally requires such objections to be taken in advance of the trial diet. In particular, the court considered whether the showing of one witness emulator photographs of the appellant in the presence of the other witness, and there being no subsequent formal identification parade held, tainted the dock identifications to such an extent that it rendered the trial unfair.