Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p26
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 61079–63702

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 writing the holding of the parade and a parent or guardian of the suspect agrees in writing to the holding of the parade or, if the parent or guardian is not acceptable to the suspect, another person (other than a constable) who is capable of representing the interests of the suspect and who, as far as is practicable in the circumstances, is acceptable to the suspect agrees in writing to the holding of the parade;

  (d) if:

        (i) one of those persons agrees in writing to the holding of the parade but the other does not; and

      (ii) a court orders that the parade be held.

"(4) In deciding whether to make such an order, the court must have regard to:

  (a) the seriousness of the offence; and

  (b) the age or any disability of the person; and

  (c) such other matters as the court thinks fit.

"(5) An identification parade for a suspect who is under 18 or is incapable of managing his or her affairs must be held in the presence of:

  (a) a parent or guardian of the suspect; or

    (b) if the parent or guardian is not acceptable to the suspect, another person (other than a constable) who is capable of representing the interests of the suspect and who, as far as is practicable in the circumstances, is acceptable to the suspect.

Identification by means of photographs

"3ZO.(1) If a suspect is in custody in respect of an offence or is otherwise available to take part in an identification parade, a constable investigating the offence must not show photographs, or composite pictures or pictures of a similar kind, to a witness for the purpose of establishing, or obtaining evidence of, the identity of the suspect unless:

  (a) the suspect has refused to take part in an identification parade; or

  (b) the holding of an identification parade would be:

        (i) unfair to the suspect; or

        (ii) unreasonable in the circumstances.

"(2) If a constable investigating an offence shows photographs or pictures to a witness for the purpose of establishing, or obtaining evidence of, the identity of a suspect, whether or not the suspect is in custody, the following rules apply:

     (a) the constable must show to the witness photographs or pictures of at least 9 different persons;

    (b) each photograph or picture of a person who is not the suspect must be of a person who:

        (i) resembles the suspect in age and general appearance; and

        (ii)