Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3zm:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3ZM (pt 1/3)
Character Range: 202987–205659

3ZM  Identification parades
 (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.
 (2A) Without limiting the matters that may be taken into account in determining whether it is reasonable in the circumstances to hold an identification parade, the following must be taken into account:
 (a) the kind of offence, and the gravity of the offence, concerned;
 (b) the likely importance in the circumstances of the evidence of identification;
 (c) the practicality of holding an identification parade, having regard, among other things:
 (i) if the suspect fails to cooperate in the conduct of the parade—to the manner and extent of, and the reason (if any) for, the failure; and
 (ii) in any case—to whether an identification was made at or about the time of the commission of the offence; and
 (d) the appropriateness of holding an identification parade, having regard, among other things, to the relationship (if any) between the suspect and the person who may make an identification at the identification parade.
 (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:
 (i) evidence of the refusal may be given in later proceedings relating to an offence, for the purpose of explaining why an identification parade was not held; and
 (ii) evidence may be given in such proceedings of any identification of the suspect by a witness as a result of having seen a photograph or having seen the suspect otherwise than during an identification parade; 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 and conducted in a manner that will not unfairly prejudice the suspect.
 (6) Without limiting the intent of subsection (5), an identification parade must be arranged and conducted in accordance with the following rules:
 (a) the parade must consist of at least 9 persons;
 (b)