Document ID: chunk:federal_register_of_legislation:C2024C00861:section:101m:p1
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 101M (pt 1/3)
Character Range: 295632–298204

101M  Identification by means of photographs
 (1) Where a suspect in relation to a relevant act in relation to a service offence is in custody, an investigating officer investigating the service offence shall not show a photograph of a person, or a series of photographs of persons, to a witness to the relevant act for the purpose of ascertaining, or obtaining evidence of, the identity of a relevant person in relation to the relevant act unless:
 (a) the suspect has refused to take part in an identification parade; or
 (b) the holding of an identification parade would be:
 (i) unfair to the suspect; or
 (ii) impracticable in all the circumstances.
 (2) Where an investigating officer investigating a service offence shows a photograph of a person, or a series of photographs of persons, to a witness to a relevant act in relation to the service offence for the purpose of ascertaining, or obtaining evidence of, the identity of a relevant person in relation to the relevant act, the investigating officer:
 (a) shall not, in doing so, act unfairly towards a suspect in relation to the relevant act or suggest to the witness that a particular photograph is the photograph of such a suspect or of a person who is being sought by the police or by the Defence Force in respect of a civil court offence, an overseas offence or a service offence;
 (b) shall keep, or cause to be kept, a record identifying each photograph or series of photographs that is shown to the witness; and
 (c) shall, upon application by a suspect in relation to the relevant act:
 (i) provide the suspect with a copy of the record so kept; and
 (ii) afford the suspect a reasonable opportunity to inspect each photograph or series of photographs shown to the witness.
 (3) Where a suspect in relation to a relevant act in relation to a service offence is in custody, an investigating officer investigating the service offence shall not show a picture of the kind known as an Identikit picture or a picture of a similar kind, or a series of pictures of the kind known as an Identikit picture or a series of pictures of a similar kind, to a witness to the relevant act for the purpose of assisting the witness to describe the features of a relevant person in relation to the relevant act.
 (4) Nothing in subsection (3) precludes an investigating officer from obtaining the assistance of a witness to a relevant act in relation to a service offence in the preparation of a picture of the kind known as an Identikit picture or a picture of a similar kind.
 (5) Where, after an investigating officer