The interim proposal's aim was to make identification evidence less unreliable. It did not require the court to consider whether it was reliable. Consideration has been given to providing more guidance as to what may or may not be 'reasonable'. For example, if the eyewitness saw someone he or she knew committing the crime, there would be little point in holding a parade. It is not possible, however, to draft an exception on this basis because of the range of knowledge or acquaintance that may be involved in particular cases.
Similar problems arise in drafting an exception where the defendant refuses to co-operate.
The proposals have been amended, however, to make it clear that, in deciding the reasonableness question, the appropriateness of holding a parade is a separate consideration and it is relevant to consider whether the suspects refused to co-operate, whether the identification was made at or about the time of the offence and the relationship between the defendant and the identifier. Subject to these changes it is recommended that the interim proposals be implemented. Use of police pictures 188. Interim Report proposal. It was proposed that evidence of identification by police photographs, if adduced by the prosecution, should not be admissible unless the photographs used included those of people without criminal records, or the photograph of the accused was one taken after be or she was taken into custody.