Document ID: chunk:federal_register_of_legislation:C2024C00861:section:101n:p2
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 101N (pt 2/2)
Character Range: 302744–304734

so informed.
 (4) Where an identification parade is held in relation to a suspect in relation to a relevant act in relation to a service offence, for the purpose of ascertaining whether a witness to the relevant act can identify the suspect as a relevant person in relation to the relevant act, the investigating officer responsible for conducting the parade:
 (a) shall arrange and conduct the parade in such a manner as will not unfairly prejudice the suspect; and
 (b) shall, as far as the investigating officer is able to do so, ensure that nothing in the arranging and conducting of the parade, or in what happens during the conducting of the parade, suggests, or is likely to suggest, to the witness which of the persons included in the parade is the suspect.
 (5) The investigating officer responsible for conducting the identification parade shall:
 (a) cause:
 (i) at least one photograph, if practicable in colour, to be taken of the identification parade while it is being conducted; or
 (ii) a videotape recording of the parade to be taken; and
 (b) cause to be recorded particulars of:
 (i) what happens during the parade (including particulars of any words spoken by the witness and of any doubts expressed, and any gestures made, by the witness); and
 (ii) the name, address and occupation of each person (other than the suspect) who is included in the parade and consents to the recording of those particulars.
 (6) The suspect is entitled, upon request to the investigating officer responsible for conducting the identification parade, to be provided with:
 (a) if a photograph of the identification parade has been taken in pursuance of paragraph (5)(a)—a copy of the photograph;
 (b) if a videotape recording of the identification parade has been taken in pursuance of paragraph (5)(a)—reasonable facilities to enable the videotape recording to be reproduced in images and, if practicable, sound; and
 (c) a copy of the record made in pursuance of subparagraph (5)(b)(i).