Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p27
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 63457–66052

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;

    (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;

    (d) if practicable, the photograph or picture of the suspect must have been taken or made after he or she was arrested or was considered as a suspect;

    (e) the witness must be told that a photograph or picture of the suspect may not be amongst those being seen by the witness;

    (f) the constable must keep, or cause to be kept, a record identifying each photograph or picture that is shown to the witness;

    (g) the constable must notify the suspect or his or her legal representative in writing that a copy of the record is available for the suspect;

    (h) the constable must retain the photographs or pictures shown, and must allow the suspect or his or her legal representative, upon application, an opportunity to inspect the photographs or pictures.

  "(3) If:

    (a) a photograph or picture of a person who is suspected in relation to the commission of an offence is shown to a witness; and

    (b) the photograph was taken or the picture made after the suspect was arrested or was considered to be a suspect; and

    (c) proceedings in relation to the offence referred to in paragraph (a) or another offence arising out of the same course of conduct for which the photograph was taken or picture made are brought against the suspect before a jury; and

  (d) the photograph or picture is admitted into evidence;

the jury must be informed that the photograph was taken or the picture made after the suspect was arrested or was considered as a suspect.

"(4)  If a suspect is in custody in respect of an offence, a constable investigating the offence must not show a composite picture or a picture of a similar kind to a witness for the purpose of assisting the witness to describe the features of the suspect.

"(5) If, after a constable investigating an offence has shown to a witness a composite picture or a picture of a similar kind for the purpose referred to in