Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p25
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 58747–61295

the parade have commenced and before each of them has viewed the parade; and

   (iii) the suspect may change places in the parade after each viewing;

(k) each witness must be told that:

    (i) the suspect may not be in the parade; and

      (ii) if 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 X 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) The following questions are to be decided according to the common law:

    (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 admissable, 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.

Identification parades for suspects under 18 etc.

"3ZN.(1) An identification parade must not be held for a suspect who is under 10.

"(2) An identification parade must not be held for a suspect who is incapable of managing his or her affairs unless a court orders that it be held.

  "(3) An identification parade must not be held for a suspect who:

  (a) is at least 10 but under 18; and

  (b) is capable of managing his or her affairs;

unless one of the following paragraphs applies:

    (c) the suspect agrees to or requests in