Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p23
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 53929–56622

must be destroyed as soon as practicable unless an investigation into, or a proceeding against the person for, another offence to which the identification material relates is pending.

"(3) A magistrate may, on application by a constable, extend the period of 12 months referred to in subsection (1) or that period as previously extended under this subsection in relation to particular identification material if the magistrate is satisfied that there are special reasons for doing so.

  "(4) In this section:

'magistrate' does not include a person only because of his or her being a justice.

Offence of refusing to allow identification material to be taken

"3ZL.(1) If a person is convicted of an offence, the judge or magistrate presiding at the proceedings at which the person was convicted may order:

  (a) the person to attend a police station; or

  (b) that a constable be permitted to attend on the person in a place of detention;

within one month after the conviction to allow impressions of the person's fingerprints or a photograph of the person to be taken in accordance with the order.

"(2)  A person must not, without reasonable excuse, refuse or fail to allow those impressions or a photograph of the person to be taken.

Penalty: Imprisonment for 12 months.

Identification parades

"3ZM.(1) This section applies to identification parades held in relation to offences.

"(2) Subject to subsection (3) and to section 3ZN, an identification parade:

  (a) may be held if the suspect agrees; or

  (b) must be held if:

      (i) the suspect has requested that an identification parade be held; and

      (ii) it is reasonable in the circumstances to do so.

"(3) An identification parade must not be held unless the suspect has been informed that:

  (a) he or she is entitled to refuse to take part in the parade; and

    (b) if he or she refuses to take part in the parade without reasonable excuse evidence of that refusal and of any identification of the suspect by a witness as a result of having seen a photograph or of having seen the suspect otherwise than during an identification parade may be given in any subsequent proceedings in relation to an offence; and

    (c) in addition to any requirement under section 3ZN, a legal representative or other person of the suspect's choice may be present while the person is deciding whether to take part in the parade, and during the holding of the parade, if arrangements for that person to be present can be made within a reasonable time.

"(4) The giving of the information referred to in subsection (3) must be recorded by a video recording or an audio recording.

"(5) An identification parade must be arranged