Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3zm:p3
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3ZM (pt 3/3)
Character Range: 207700–209410

he or she is unable to identify the suspect with reasonable certainty he or she must say so;
 (l) the parade must be recorded by a video recording if it is practicable to do so and, if that is done, a copy of the video recording must be made available to the suspect or his or her legal representative as soon as it is practicable to do so;
 (m) if the parade is not recorded by a video recording:
 (i) the parade must be photographed in colour; and
 (ii) a print of a photograph of the parade that is at least 250mm  200mm in size must be made available to the suspect or his or her legal representative; and
 (iii) the constable in charge of the parade must take all reasonable steps to record everything said and done at the parade and must make a copy of the record available to the suspect or his or her legal representative;
 (n) the suspect may have present during the holding of the parade a legal representative or other person of his or her choice if arrangements for that person to be present can be made within a reasonable time.
 (7) Nothing in this Act affects the determination of the following questions:
 (a) whether or not evidence of a suspect having refused to take part in an identification parade is admissible;
 (b) if evidence of such a refusal is admissible, what inferences (if any) may be drawn by a court or jury from the refusal;
 (c) whether, after such a refusal, evidence of alternative methods of identification is admissible.
 (8) If a witness is, under the supervision of a constable, to attempt to identify a suspect otherwise than during an identification parade, the constable must ensure that the attempted identification is done in a manner that is fair to the suspect.