Document ID: chunk:federal_register_of_legislation:C2024C00861:section:101m:p2
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 101M (pt 2/3)
Character Range: 297992–300339

of a witness to a relevant act in relation to a service offence in the preparation of a picture of the kind known as an Identikit picture or a picture of a similar kind.
 (5) Where, after an investigating officer investigating a service offence has shown a witness to a relevant act in relation to the service offence a picture or series of pictures for the purpose of assisting the witness to describe the features of a relevant person in relation to the relevant act, a suspect in relation to the relevant act comes into custody, the investigating officer in charge of investigating the service offence shall, unless it is impracticable to do so, cause the witness to attend an identification parade in relation to the suspect.
 (6) Where, after a witness to a relevant act in relation to a service offence has been shown a picture or series of pictures for the purpose of assisting the witness to describe the features of a relevant person in relation to the relevant act, a person is charged with the service offence, the investigating officer in charge of investigating the service offence shall, upon application by the person, provide the person with particulars of the picture or series of pictures that was shown to the witness and the comments (if any) of the witness concerning the picture or series of pictures.
 (7) Where a suspect in relation to a relevant act in relation to a service offence is in custody and an investigating officer investigating the service offence believes on reasonable grounds that a person who is not in custody is a relevant person in relation to the relevant act:
 (a) subsection (1) shall not be taken to prevent an investigating officer from showing a photograph of a person, or a series of photographs of persons, to a witness to the relevant act for the purpose of ascertaining, or obtaining evidence of, the identity of the other person; and
 (b) subsection (3) shall not be taken to prevent an investigating officer from showing a picture of the kind known as an Identikit picture or a picture of a similar kind, or a series of pictures of the kind known as an Identikit picture or a series of pictures of a similar kind, to a witness to the relevant act for the purpose of assisting the witness to describe the features of a relevant person in relation to the relevant act (other than the suspect).