Document ID: chunk:federal_register_of_legislation:C2004A04859:body:0:p6
Version: federal_register_of_legislation:C2004A04859
Segment Type: other
Provision Reference: 
Character Range: 12591–15579

of any provision of a law of a State or Territory that corresponds to that subsection, Part IIIA of the Evidence Act 1905 is taken to remain in force despite any repeal under section 3 of this Act.

Identification parades

17. Section 3ZM of the Crimes Act 1914 is amended:

    (a) by inserting after subsection (2) the following subsection:

    "(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.";

    (b) by omitting from subsection (7) "The following questions are to be decided according to the common law:" and substituting "Nothing in this Act affects the determination of the following questions:".

Identification by means of photographs

18. Section 3ZO of the Crimes Act 1914 is amended:

    (a) by inserting after paragraph (1)(a) the following paragraph:

         "(aa) the suspect's appearance has changed significantly since the offence was committed; or";

    (b) by inserting after subsection (1) the following subsection:

    "(1A) Without limiting the matters that may be taken into account in determining whether it would be unreasonable 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.";

    (c) by inserting after paragraph (2)(b) the following paragraph:

    "(ba) the photographs or