IDENTIFICATION PARADE

The ability of witnesses to identify alleged participants in criminal conduct is often central to the prosecution’s burden of proving an accused’s guilt. The legislature has recognised that the most reliable method of ensuring an accurate identification is by allowing a witness to select, from a group, the individual they observed at the time of the relevant incident.

The police have no authority to compel a suspect to participate in an identification parade. If the suspect declines, identification may instead be conducted through photograph identification, a process in which the suspect is not physically present.

Identification parades should be conducted under the supervision of the Patrol Commander or Duty Officer and not by officers involved in the investigation. A legal practitioner attending an identification parade must remain mindful of the requirement that the procedure be conducted fairly.

The suspect should be placed among no fewer than five, although eight or more is preferable, individuals of similar age, height, appearance, and social background. They should be given the freedom to stand wherever they choose rather than being assigned a position.

Witnesses must not see the suspect or the other participants before being assembled for identification. They should not be shown any photographs or provided with verbal or written descriptions beforehand.

The witness should be instructed to enter the room and informed that if they recognise the individual they believe committed the offence, they should indicate that person.

The officer in charge of the parade must record the exact words spoken by the witness at the moment of identification.

A legal practitioner may be present at an identification parade but must take care not to interfere with the proceedings.

Legal practitioners should make detailed notes regarding the identities and characteristics of participants, as such information may be critical if the fairness of the parade is later challenged. Factors such as differences in age, height, hair length or colour, complexion, and clothing may be significant.

Identification parades should be conducted using portable one-way mirror facilities to ensure proper procedure and fairness.

About Post Author

Mark Racca

Principal Solicitor & Director
LLB, GradDipLegPrac, MPA

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