101NIdentification parades

101N  Identification parades  (1) An investigating officer investigating a service offence shall not cause or permit an identification parade to be held for the purpose of ascertaining whether a witness to a relevant act in relation to the service offence can identify a suspect in relation to the relevant act as a relevant person in relation to the relevant act unless the suspect has agreed to the holding of the parade and has been informed by an investigating officer in writing in a language in which the suspect is reasonably fluent and, if practicable, orally in such a language:  (a) that the suspect is entitled to refuse to agree to the holding of the parade;  (b) that, if the suspect does not agree to the holding of the parade and take part in the parade, evidence may be given, in any proceedings with respect to the service offence, of any identification of the suspect by the witness as a result of:  (i) having seen a photograph or series of photographs; or  (ii) having seen the suspect otherwise than during an identification parade;  (c) that, if the suspect does take part in the identification parade, evidence may be given, in any proceedings with respect to the service offence:  (i) of any identification made by the witness;  (ii) of any doubts expressed by the witness, during or immediately following the holding of the parade; and  (iii) of any unfairness in the conducting of the parade; and  (d) that the suspect may have present, during the holding of the parade, a legal practitioner or other person of his or her choice if arrangements can be made for the legal practitioner or other person to be present within a reasonable time.  (2) Where the investigating officer informs the suspect as provided in subsection (1), the investigating officer shall ask the suspect to sign an acknowledgment, in accordance with the prescribed form, of the fact that the suspect has been so informed and of the date on which, and the time at which, the suspect was so informed.  (3) Where it is necessary, in proceedings with respect to a service offence, for a service tribunal to determine whether an investigating officer has informed a person as provided in subsection (1) and an acknowledgment of the kind referred to in subsection (2), signed by the person, is not produced in evidence, the service tribunal shall presume, unless the contrary is proved, that the person was not so informed.  (4) Where an identification parade is held in relation to a suspect in relation to a relevant act in relation to a service offence, for the purpose of ascertaining whether a witness to the relevant act can identify the suspect as a relevant person in relation to the relevant act, the investigating officer responsible for conducting the parade:  (a) shall arrange and conduct the parade in such a manner as will not unfairly prejudice the suspect; and  (b) shall, as far as the investigating officer is able to do so, ensure that nothing in the arranging and conducting of the parade, or in what happens during the conducting of the parade, suggests, or is likely to suggest, to the witness which of the persons included in the parade is the suspect.  (5) The investigating officer responsible for conducting the identification parade shall:  (a) cause:  (i) at least one photograph, if practicable in colour, to be taken of the identification parade while it is being conducted; or  (ii) a videotape recording of the parade to be taken; and  (b) cause to be recorded particulars of:  (i) what happens during the parade (including particulars of any words spoken by the witness and of any doubts expressed, and any gestures made, by the witness); and  (ii) the name, address and occupation of each person (other than the suspect) who is included in the parade and consents to the recording of those particulars.  (6) The suspect is entitled, upon request to the investigating officer responsible for conducting the identification parade, to be provided with:  (a) if a photograph of the identification parade has been taken in pursuance of paragraph (5)(a)—a copy of the photograph;  (b) if a videotape recording of the identification parade has been taken in pursuance of paragraph (5)(a)—reasonable facilities to enable the videotape recording to be reproduced in images and, if practicable, sound; and  (c) a copy of the record made in pursuance of subparagraph (5)(b)(i).