Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p24
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 56389–58969

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) each of the persons who is not the suspect must:

      (i) resemble the suspect in age, height and general appearance; and

      (ii) not have features that will be visible during the parade that are markedly different from those of the suspect as described by the witness before viewing the parade;

  (c) unless it is impracticable for another constable to arrange or conduct the parade, no constable who has taken part in the investigation relating to the offence may take part in the arrangements for, or the conduct of, the parade;

  (d) no person in the parade is to be dressed in a way that would obviously distinguish him or her from the other participants;

  (e) if it is practicable to do so, numbers should be placed next to each participant in order to allow the witness to make an identification by indicating the number of the person identified;

  (f) the parade may take place so that the witness can view the parade without being seen if the witness requests that it take place in such a manner and:

      (i) a legal representative or other person of the suspect's choice is present with the witness; or

    (ii) the parade is recorded by a video recording;

  (g) nothing is to be done that suggests or is likely to suggest to a witness which member of the parade is the suspect;

  (h) if the witness so requests, members of the parade may be required to speak, move or adopt a specified posture but, if this happens, the witness must be reminded that the members of the parade have been chosen on the basis of physical appearance only;

(i) the suspect may select where he or she wishes to stand in the parade;

(j) if more than one witness is to view the parade:

    (i) each witness must view the parade alone; and

      (ii) the witnesses are not to communicate with each other at a time after arrangements for the parade have commenced and before each of them has viewed the parade; and

   (iii) the suspect may change places in the parade after each viewing;

(k) each witness must be told that:

    (i) the suspect may not be in