Identification Parades Flashcards
1
Q
Identification of the accused is an issue which must be proven…
A
Beyond a reasonable doubt.
2
Q
Visual identification in any form is considered…
A
Notoriously unreliable.
3
Q
What is considered the best form of visual identification?
A
An ID parade.
4
Q
When should you use an ID parade?
A
- When you suspect someone, who’s identify is known to you, has committed an offence and identity is an issue
- The suspect is willing to participate in an ID parade
- It is appropriate to hold and ID parade considering fairness to the suspect
5
Q
When shouldn’t you conduct an ID parade?
A
- Suspect refused to participate
- Suspect’s appearance is significantly different from the time of the offence
- Suspects appearance or manner is so unique that it would be unfair
- Minor offences where importance of ID evidence if limited
- Suspect is known personally to the witness
- Witness is unwilling to participate
- ID parade cannot reasonably be held
6
Q
What are 10 SOPS/Critial issues relating to ID parades?
A
- Find 6 or more people of similar description (not Police)
- Do not allow communication between witnesses – keep separated if possible
- Do not allow witnesses to see any persons involved in the parade before it commences
- Tell suspect they are entitled to have a legal representative present during the parade (do not allow legal representative to interfere)
- Record anything said or done in OPN
- Video record the parade process. If no video is available take still images
- Stop the parade if the suspect becomes difficult or no longer wishes to take part. Record it in your OPN and ask suspect to read and sign the entry
- Do not conduct an ID parade if the suspect is under 18 years old unless they agree in writing and their responsible adult agrees in writing
- Treat all documents associated with the parade as exhibits
- Identity evidence may be an issue if an ID parade has not been offered or a reasonable excuse exists for it to have not been held.