Crimes Act. Australia
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Название: Crimes Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086412

isbn:

СКАЧАТЬ the parade that is at least 250mm ґ 200mm in size must be made available to the suspect or his or her legal representative; and

      (iii) the constable in charge of the parade must take all reasonable steps to record everything said and done at the parade and must make a copy of the record available to the suspect or his or her legal representative;

      (n) the suspect may have present during the holding of the parade a legal representative or other person of his or her choice if arrangements for that person to be present can be made within a reasonable time.

      (7) Nothing in this Act affects the determination of the following questions:

      (a) whether or not evidence of a suspect having refused to take part in an identification parade is admissible;

      (b) if evidence of such a refusal is admissable, what inferences (if any) may be drawn by a court or jury from the refusal;

      (c) whether, after such a refusal, evidence of alternative methods of identification is admissible.

      (8) If a witness is, under the supervision of a constable, to attempt to identify a suspect otherwise than during an identification parade, the constable must ensure that the attempted identification is done in a manner that is fair to the suspect.

      3ZN Identification parades for suspects under 18 etc.

      (1) An identification parade must not be held for a suspect who is under 10.

      (2) An identification parade must not be held for a suspect who is incapable of managing his or her affairs unless a magistrate orders that it be held.

      (3) An identification parade must not be held for a suspect who:

      (a) is at least 10 but under 18; and

      (b) is capable of managing his or her affairs;

      unless one of the following paragraphs applies:

      (c) the suspect agrees to or requests in writing the holding of the parade and a parent or guardian of the suspect agrees in writing to the holding of the parade or, if the parent or guardian is not acceptable to the suspect, another person (other than a constable) who is capable of representing the interests of the suspect and who, as far as is practicable in the circumstances, is acceptable to the suspect agrees in writing to the holding of the parade;

      (d) if:

      (i) one of those persons agrees in writing to the holding of the parade but the other does not; and

      (ii) a magistrate orders that the parade be held.

      (4) In deciding whether to make such an order, the magistrate must have regard to:

      (a) the seriousness of the offence; and

      (b) the age or any disability of the person; and

      (c) such other matters as the magistrate thinks fit.

      (5) An identification parade for a suspect who is under 18 or is incapable of managing his or her affairs must be held in the presence of:

      (a) a parent or guardian of the suspect; or

      (b) if the parent or guardian is not acceptable to the suspect, another person (other than a constable) who is capable of representing the interests of the suspect and who, as far as is practicable in the circumstances, is acceptable to the suspect.

      3ZO Identification by means of photographs

      (1) If a suspect is in custody in respect of an offence or is otherwise available to take part in an identification parade, a constable investigating the offence must not show photographs, or composite pictures or pictures of a similar kind, to a witness for the purpose of establishing, or obtaining evidence of, the identity of the suspect unless:

      (a) the suspect has refused to take part in an identification parade; or

      (aa) the suspect’s appearance has changed significantly since the offence was committed; or

      (b) the holding of an identification parade would be:

      (i) unfair to the suspect; or

      (ii) unreasonable in the circumstances.

      (1A) Without limiting the matters that may be taken into account in determining whether it would be unreasonable 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.

      (2) If a constable investigating an offence shows photographs or pictures to a witness for the purpose of establishing, or obtaining evidence of, the identity of a suspect, whether or not the suspect is in custody, the following rules apply:

      (a) the constable must show to the witness photographs or pictures of at least 9 different persons;

      (b) each photograph or picture of a person who is not the suspect must be of a person who:

      (i) resembles the suspect in age and general appearance; and

      (ii) does not have features visible in the photograph or picture that are markedly different from those of the suspect as described by the witness before viewing the photographs or pictures;

      (ba) the photographs or pictures shown to the witness must not suggest that they are photographs or pictures of persons in police custody;

      (c) the constable must not, in doing so, act unfairly towards the suspect or suggest to the witness that a particular photograph or picture is the photograph or picture of the suspect or of a person who is being sought by the police in respect of an offence;

      (d) if practicable, the photograph or picture of the suspect must have been taken or made after he or she was arrested or was considered as a suspect;

      (e) the witness must be told that a photograph or picture of the suspect may not be amongst those being seen by the witness;

      (f) the constable must keep, or cause to be kept, a record identifying each photograph or picture that is shown to the witness;

      (g) the constable must notify the suspect or his or her legal representative in writing that a copy of the record is available for the suspect;

      (h) the constable must retain the photographs or pictures shown, and СКАЧАТЬ