sch.11-sec.40Procedures for management of witnesses during identification procedures

sch.11-sec.40 Procedures for management of witnesses during identification procedures

During an identification procedure, only 1 witness at a time may see or hear the procedure. A witness who has taken part in the identification procedure must, as far as reasonably practicable, be prevented from speaking to another witness about the procedure until the procedure ends. The way a witness identifies a person during an identification procedure must, if reasonably practicable, be electronically recorded. A witness may have another person (an identification procedure support person ), who is not also a witness taking part in the identification procedure, present during the procedure to support the witness. However, the police officer may exclude an identification procedure support person from being present during the identification procedure if the officer suspects the identification procedure support person will— influence the information given by the witness for the procedure; or disrupt the procedure. If the police officer excludes an identification procedure support person from being present during the identification procedure, the police officer must— give the witness the reasons for excluding the identification procedure support person; and advise the witness that the witness may arrange for another identification procedure support person to be present to support the witness; and if the witness arranges for another identification procedure support person to be present to support the witness, subject to subsection (5) —allow the other identification procedure support person to be present. (sch.11-sec.40-ssec.1) During an identification procedure, only 1 witness at a time may see or hear the procedure. (sch.11-sec.40-ssec.2) A witness who has taken part in the identification procedure must, as far as reasonably practicable, be prevented from speaking to another witness about the procedure until the procedure ends. (sch.11-sec.40-ssec.3) The way a witness identifies a person during an identification procedure must, if reasonably practicable, be electronically recorded. (sch.11-sec.40-ssec.4) A witness may have another person (an identification procedure support person ), who is not also a witness taking part in the identification procedure, present during the procedure to support the witness. (sch.11-sec.40-ssec.5) However, the police officer may exclude an identification procedure support person from being present during the identification procedure if the officer suspects the identification procedure support person will— influence the information given by the witness for the procedure; or disrupt the procedure. (sch.11-sec.40-ssec.6) If the police officer excludes an identification procedure support person from being present during the identification procedure, the police officer must— give the witness the reasons for excluding the identification procedure support person; and advise the witness that the witness may arrange for another identification procedure support person to be present to support the witness; and if the witness arranges for another identification procedure support person to be present to support the witness, subject to subsection (5) —allow the other identification procedure support person to be present.