sch.11-sec.45Conducting photo board identifications

sch.11-sec.45 Conducting photo board identifications

This section applies if the identification procedure is the use of a photo board mentioned in section 617 (1) (b) of the Act (a photo board identification ). The police officer conducting the photo board identification must— ensure that, to avoid directing the attention of a witness to a particular photograph on the photo board, nothing is marked on— the photo board; or any photograph on the photo board; and ensure each witness views the photo board separately; and ask a witness, in a way that does not suggest the identity of any person whose photograph is on the photo board, to— carefully view the photo board; and state whether the witness recognises any person whose photograph is on the photo board; and if a witness indicates that the witness recognises a person whose photograph is on the photo board as the person suspected of having committed the offence—ask the witness to— clearly state the number of the photograph; and write the number of the photograph, and the date the photo board was shown to the witness— on the front of an unmarked photocopy of the photo board; or on the back of the photo board; or on the back of the photograph; and sign the photo board, photocopy or photograph where the person wrote the number and date. (sch.11-sec.45-ssec.1) This section applies if the identification procedure is the use of a photo board mentioned in section 617 (1) (b) of the Act (a photo board identification ). (sch.11-sec.45-ssec.2) The police officer conducting the photo board identification must— ensure that, to avoid directing the attention of a witness to a particular photograph on the photo board, nothing is marked on— the photo board; or any photograph on the photo board; and ensure each witness views the photo board separately; and ask a witness, in a way that does not suggest the identity of any person whose photograph is on the photo board, to— carefully view the photo board; and state whether the witness recognises any person whose photograph is on the photo board; and if a witness indicates that the witness recognises a person whose photograph is on the photo board as the person suspected of having committed the offence—ask the witness to— clearly state the number of the photograph; and write the number of the photograph, and the date the photo board was shown to the witness— on the front of an unmarked photocopy of the photo board; or on the back of the photo board; or on the back of the photograph; and sign the photo board, photocopy or photograph where the person wrote the number and date.

• (a) ensure that, to avoid directing the attention of a witness to a particular photograph on the photo board, nothing is marked on— (i) the photo board; or (ii) any photograph on the photo board; and
• (i) the photo board; or
• (ii) any photograph on the photo board; and