Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3zo:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3ZO (pt 2/3)
Character Range: 213683–216219

act unfairly towards the suspect or suggest to the witness that a particular photograph or picture is the photograph or picture of the suspect or of a person who is being sought by the police in respect of an offence;
 (d) if practicable, the photograph or picture of the suspect must have been taken or made after he or she was arrested or was considered as a suspect;
 (e) the witness must be told that a photograph or picture of the suspect may not be amongst those being seen by the witness;
 (f) the constable must keep, or cause to be kept, a record identifying each photograph or picture that is shown to the witness;
 (g) the constable must notify the suspect or his or her legal representative in writing that a copy of the record is available for the suspect;
 (h) the constable must retain the photographs or pictures shown, and must allow the suspect or his or her legal representative, upon application, an opportunity to inspect the photographs or pictures.
 (3) If:
 (a) a photograph or picture of a person who is suspected in relation to the commission of an offence is shown to a witness; and
 (b) the photograph was taken or the picture made after the suspect was arrested or was considered to be a suspect; and
 (c) proceedings in relation to the offence referred to in paragraph (a) or another offence arising out of the same course of conduct for which the photograph was taken or picture made are brought against the suspect before a jury; and
 (d) the photograph or picture is admitted into evidence;
the jury must be informed that the photograph was taken or the picture made after the suspect was arrested or was considered as a suspect.
 (4) If a suspect is in custody in respect of an offence, a constable investigating the offence must not show a composite picture or a picture of a similar kind to a witness for the purpose of assisting the witness to describe the features of the suspect.
 (5) If, after a constable investigating an offence has shown to a witness a composite picture or a picture of a similar kind for the purpose referred to in subsection (4):
 (a) a suspect comes into custody in respect of the offence; and
 (b) an identification parade is to be held in relation to the suspect;
the constable in charge of the investigation of the offence may, unless doing so would be unfair to the suspect or be unreasonable in the circumstances, request the witness to attend the identification parade and make the necessary arrangements for the witness to attend.
 (6) If, after the witness has been