sch.11-sec.43Explanation of how identification parades are conducted

sch.11-sec.43 Explanation of how identification parades are conducted

A police officer must, before conducting the identification parade, explain to the suspect how the identification parade will be conducted. Without limiting subsection (1) , the explanation must include the following information— that the identification parade can not be conducted unless the suspect agrees; that the suspect may have a friend, relative or lawyer present at the identification parade if the friend, relative or lawyer can attend within a reasonable time; that anyone present must not interfere with the identification parade in any way; that the suspect may choose a position in the identification parade; that the suspect may change position in the identification parade after each witness has viewed the parade; that the suspect’s identity will not be given to a witness unless the witness identifies the suspect and a proceeding is started against the suspect. If the police officer reasonably suspects the suspect does not understand how the identification parade will be conducted, the police officer must ask the suspect to explain how the identification parade will be conducted in the suspect’s own words. If necessary, the police officer must further explain how the identification parade will be conducted. (sch.11-sec.43-ssec.1) A police officer must, before conducting the identification parade, explain to the suspect how the identification parade will be conducted. (sch.11-sec.43-ssec.2) Without limiting subsection (1) , the explanation must include the following information— that the identification parade can not be conducted unless the suspect agrees; that the suspect may have a friend, relative or lawyer present at the identification parade if the friend, relative or lawyer can attend within a reasonable time; that anyone present must not interfere with the identification parade in any way; that the suspect may choose a position in the identification parade; that the suspect may change position in the identification parade after each witness has viewed the parade; that the suspect’s identity will not be given to a witness unless the witness identifies the suspect and a proceeding is started against the suspect. (sch.11-sec.43-ssec.3) If the police officer reasonably suspects the suspect does not understand how the identification parade will be conducted, the police officer must ask the suspect to explain how the identification parade will be conducted in the suspect’s own words. (sch.11-sec.43-ssec.4) If necessary, the police officer must further explain how the identification parade will be conducted.

• (a) that the identification parade can not be conducted unless the suspect agrees;
• (b) that the suspect may have a friend, relative or lawyer present at the identification parade if the friend, relative or lawyer can attend within a reasonable time;