Commonwealth Numbered Acts

EVIDENCE (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 3 of 1995 - SECT 17

17. Section 3ZM of the Crimes Act 1914 is amended:

   (a)  by inserting after subsection (2) the following subsection:

"(2A) Without limiting the matters that may be taken into account in
determining whether it is reasonable in the circumstances to hold an
identification parade, the following must be taken into account:

   (a)  the kind of offence, and the gravity of the offence, concerned;

   (b)  the likely importance in the circumstances of the evidence of
        identification;

   (c)  the practicality of holding an identification parade, having regard,
        among other things:

        (i)    if the suspect fails to cooperate in the conduct of the
               parade-to the manner and extent of, and the reason (if any)
               for, the failure; and

        (ii)   in any case-to whether an identification was made at or about
               the time of the commission of the offence; and

   (d)  the appropriateness of holding an identification parade, having
        regard, among other things, to the relationship (if any) between the
        suspect and the person who may make an identification at the
        identification parade.";

   (b)  by omitting from subsection (7) "The following questions are to be
        decided according to the common law:" and substituting "Nothing in
        this Act affects the determination of the following questions:".