What is an identification parade?
An identification parade occurs when police ask you to stand in line with other people and have a witness pick a person they believe committed the offence.
Do you have to participate in an identification parade?
You are legally not obliged to participate in an identification parade. However police do not have to inform you that participation is voluntary. Although your participation is voluntary, if you choose not to engage in a identification parade then this may be admissible as evidence against you at court.
You can have your lawyer present during an identification parade but they will not be allowed to interfere with the process.
What can you expect if you choose to participate in an identification parade?
The Victoria Police Manual sets out the general parameters of the process of an identification parade. These are:
- To have a minimum of eight other people in one parade
- To usually have only one suspect in one parade
- To have other participants in the parade that have the same general appearance as the suspect
I have been charged with a Commonwealth offence, will the procedure for identification parades be the same?
Identification parades in relation to Commonwealth offences are different. If you have been charged with a Commonwealth offence an identification parade may be held if you request one and it is reasonable in the circumstances to do so (Section 3ZM of the Crimes Act 1914 (Cth)). Deciding on the reasonableness will include considerations of:
- The seriousness of the offence alleged
- How important identification evidence is in the circumstances
- How difficult it may be to hold an identification parade if you fail to cooperate
- Whether an identification was made at or about the time of the commission of the offence and
- The appropriateness it is to hold an identification parade depending on the relationship between you and the witness intended to view the parade
When you are charged with an offence against the Commonwealth, the police must tell you that
- you are entitled to refuse to participate in an identification parade
- if you do refuse to partake in an identification parade without reasonable excuse then this may be used as evidence in your court proceedings
- your lawyer or another person of your choice may be present if this can be arranged within a reasonable time
The police must video or audio record the giving of this information to you in compliance with Section 3ZM of the Crimes Act 1917 (Cth).
If you are involved in a matter where you are not the only suspect, then a separate identification parade must be held for you and other suspects.
I am under 18 years of age and/or have a disability do the rules governing identification parades apply to me?
An identification parade must not be held if you are under 10 years of age, however can be held if you are at least 10 years of age but under 18 years of age only if you agree to it, or request one, and your parent or guardian agrees to the holding of an identification parade. If you and your parent refuses to participate in an identification parade then a court will not order one to be conducted.
If you are under 18 years of age or are not capable of managing your own affairs, then a parent, guardian or other person who can represent your interests must be present for an identification parade to be conducted.
If you would like any more information or would like one of our expert lawyers to assist you at the police station please contact us anytime on 0403 297 655.