Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3zo:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3ZO (pt 1/3)
Character Range: 211185–213900

3ZO  Identification by means of photographs
 (1) If a suspect is in custody in respect of an offence or is otherwise available to take part in an identification parade, a constable investigating the offence must not show photographs, or composite pictures or pictures of a similar kind, to a witness for the purpose of establishing, or obtaining evidence of, the identity of the suspect unless:
 (a) the suspect has refused to take part in an identification parade; or
 (aa) the suspect's appearance has changed significantly since the offence was committed; or
 (b) the holding of an identification parade would be:
 (i) unfair to the suspect; or
 (ii) unreasonable in the circumstances.
 (1A) Without limiting the matters that may be taken into account in determining whether it would be unreasonable in the circumstances to hold an identification parade, the following must be taken into account:
 (a) the kind of offence, and the gravity of the offence, concerned;
 (b) the likely importance in the circumstances of the evidence of identification;
 (c) the practicality of holding an identification parade, having regard, among other things:
 (i) if the suspect fails to cooperate in the conduct of the parade—to the manner and extent of, and the reason (if any) for, the failure; and
 (ii) in any case—to whether an identification was made at or about the time of the commission of the offence; and
 (d) the appropriateness of holding an identification parade, having regard, among other things, to the relationship (if any) between the suspect and the person who may make an identification at the identification parade.
 (2) If a constable investigating an offence shows photographs or pictures to a witness for the purpose of establishing, or obtaining evidence of, the identity of a suspect, whether or not the suspect is in custody, the following rules apply:
 (a) the constable must show to the witness photographs or pictures of at least 9 different persons;
 (b) each photograph or picture of a person who is not the suspect must be of a person who:
 (i) resembles the suspect in age and general appearance; and
 (ii) does not have features visible in the photograph or picture that are markedly different from those of the suspect as described by the witness before viewing the photographs or pictures;
 (ba) the photographs or pictures shown to the witness must not suggest that they are photographs or pictures of persons in police custody;
 (c) the constable must not, in doing so, act unfairly towards the suspect or suggest to the witness that a particular photograph or picture is the photograph or picture of the suspect or of a person who is being sought by the police in respect of an offence;