Crimes Act. Australia

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СКАЧАТЬ the suspect or his or her legal representative, upon application, an opportunity to inspect the photographs or pictures.

      (3) If:

      (a) a photograph or picture of a person who is suspected in relation to the commission of an offence is shown to a witness; and

      (b) the photograph was taken or the picture made after the suspect was arrested or was considered to be a suspect; and

      (c) proceedings in relation to the offence referred to in paragraph (a) or another offence arising out of the same course of conduct for which the photograph was taken or picture made are brought against the suspect before a jury; and

      (d) the photograph or picture is admitted into evidence;

      the jury must be informed that the photograph was taken or the picture made after the suspect was arrested or was considered as a suspect.

      (4) If a suspect is in custody in respect of an offence, a constable investigating the offence must not show a composite picture or a picture of a similar kind to a witness for the purpose of assisting the witness to describe the features of the suspect.

      (5) If, after a constable investigating an offence has shown to a witness a composite picture or a picture of a similar kind for the purpose referred to in subsection (4):

      (a) a suspect comes into custody in respect of the offence; and

      (b) an identification parade is to be held in relation to the suspect;

      the constable in charge of the investigation of the offence may, unless doing so would be unfair to the suspect or be unreasonable in the circumstances, request the witness to attend the identification parade and make the necessary arrangements for the witness to attend.

      (6) If, after the witness has been shown a composite picture or a picture of a similar kind for the purpose referred to in subsection (4), a person is charged with the offence, the constable in charge of investigating the offence must, upon application by that person or his or her legal representative, provide him or her with particulars of any such picture shown to the witness and the comments (if any) of the witness concerning the picture.

      (7) If a suspect is in custody in respect of an offence and a constable investigating the offence wishes to investigate the possibility that a person other than the suspect committed the offence, subsection (4) does not prevent a constable from taking action referred to in that subsection for the purpose of assisting a witness to describe the features of a person other than the suspect.

      3ZP Identification procedures where there is more than one suspect

      If:

      (a) a constable is attempting to ascertain:

      (i) which of 2 or more suspects committed an offence; or

      (ii) the identities of 2 or more suspects who may have been jointly involved in an offence; and

      (b) for that purpose, the constable intends to conduct an identification parade or to identify a person by showing a photograph or a picture of a suspect to a person;

      the constable must undertake a separate identification process for each of the suspects.

      3ZQ Descriptions

      (1) If a description of a suspect is given to a constable in relation to an offence, the constable must ensure that a record of the description is made and that the record is retained until any proceedings in respect of the offence are completed.

      (2) Subject to subsection (4), a constable must, if requested to do so by a person who has been charged with an offence, provide the person with the name of every person who, to the knowledge of the constable, claims to have seen, at or about the time of the commission of the offence, a person who is suspected of being involved in its commission.

      (3) If:

      (a) a record of a description of a person is made under subsection (1); and

      (b) the person is charged with an offence to which the description relates;

      a constable must notify the person or his or her legal representative in writing that a copy of the record, and of any other record of a description that the constable knows about of a person who is suspected of being involved in the commission of the offence, is available for the person.

      (4) If the constable suspects on reasonable grounds that providing the name of a person under subsection (2) could:

      (a) place the person in danger; or

      (b) expose the person to harassment or unreasonable interference;

      the constable is not required to provide the name of the person.

      Division 4A

      Determining a person’s age

      Subdivision A

      Preliminary

      3ZQA Definitions

      (1) In this Division:

      age determination information means a photograph (including an X-ray photograph) or any other record or information relating to a person that is obtained by carrying out a prescribed procedure.

      appropriately qualified, in relation to the carrying out of a prescribed procedure, means:

      (a) having suitable professional qualifications or experience to carry out the prescribed procedure; or

      (b) qualified under the regulations to carry out the prescribed procedure.

      Commonwealth offence means:

      (a) an offence against a law of the Commonwealth, other than an offence that is a service offence for the purposes of the Defence Force Discipline Act 1982; or

      (b) a State offence that has a federal aspect.

      investigating official means:

      (a) a member or special member of the Australian Federal Police; or

      (b) a member of the police force of a State or Territory; or

      (c) a person who holds an office the functions of which include the investigation of Commonwealth offences and who is empowered by a law of the Commonwealth because of the holding of that office to make arrests in respect of such offences.

      prescribed procedure means a procedure specified by regulations made for the purposes of subsection (2) to be a prescribed procedure for determining a person’s age.

      (2) The regulations may specify a particular procedure, which may include the taking of an X-ray of a part of a person’s body, to be a prescribed procedure for determining a person’s age.

      (3) A procedure prescribed for the purposes of subsection (2):

      (a) may involve the operation of particular equipment that is specified СКАЧАТЬ