What rights do I have if I'm asked to participate in an identification parade?

In Plain English

If you're asked to participate in an identification parade, you have the right to refuse. If you do agree to participate, you have the right to have a lawyer or another person of your choice present, provided arrangements can be made within a reasonable time. The police must also inform you that if you refuse to participate, any prior identifications of you, such as from photographs or other viewings, can be used as evidence in court. If you do participate, any identifications, doubts, or unfairness in the parade can be presented as evidence. The parade must be conducted fairly, and a video or photograph must be taken of the parade.

Detailed Explanation

Several pieces of legislation outline the rights of a suspect in relation to identification parades.

Right to Refuse and Consequences:

• You have the right to refuse to participate in an identification parade. This is outlined in the Defence Force Discipline Act 1982, the Crimes Act 1914, and the Criminal Procedure Act 2007 (NI).
• If you refuse to participate, evidence of your refusal may be admissible in court to explain why a parade wasn't held, according to the Crimes Act 1914 and the Criminal Procedure Act 2007 (NI). The Crimes Act 1914 states that the common law determines whether evidence of refusal is admissible and what inferences can be drawn from it.
• If you refuse, evidence of any prior identification of you by a witness, such as from photographs or other viewings, may be presented in court, as stated in the Defence Force Discipline Act 1982, the Crimes Act 1914, and the Criminal Procedure Act 2007 (NI).

Right to Information and Acknowledgement:

• Before the parade, an investigating officer must inform you of your rights, including your right to refuse, the consequences of refusal, and your right to have a legal representative present. This is covered in the Defence Force Discipline Act 1982.
• The investigating officer must ask you to sign an acknowledgment that you have been informed of your rights, as per the Defence Force Discipline Act 1982.
• If such an acknowledgment is not produced in court, the service tribunal shall presume, unless the contrary is proved, that the person was not so informed according to the Defence Force Discipline Act 1982.

Right to Legal Representation:

• You have the right to have a legal representative or another person of your choice present during the parade, provided arrangements can be made within a reasonable time. This is mentioned in the Defence Force Discipline Act 1982, the Crimes Act 1914, and the Criminal Procedure Act 2007 (NI).

Fairness and Conduct of the Parade:

• The identification parade must be arranged and conducted in a manner that will not unfairly prejudice you, according to the Defence Force Discipline Act 1982, the Crimes Act 1914, and the Criminal Procedure Act 2007 (NI).
• The investigating officer must ensure that nothing suggests to the witness which person in the parade is the suspect, as per the Defence Force Discipline Act 1982.
• The parade must consist of at least 9 people, and those people must resemble you in age, height, and general appearance and not have features markedly different from your own, as described by the witness. This is detailed in the Crimes Act 1914 and the Criminal Procedure Act 2007 (NI).
• A constable who has taken part in the investigation should not arrange or conduct the parade unless it is impracticable for another constable to do so, according to the Crimes Act 1914 and the Criminal Procedure Act 2007 (NI).
• No person in the parade should be dressed in a way that distinguishes them from other participants, as stated in the Crimes Act 1914 and the Criminal Procedure Act 2007 (NI).
• If practicable, numbers should be placed next to each participant for identification purposes, as per the Crimes Act 1914 and the Criminal Procedure Act 2007 (NI).
• The witness should view the parade alone and not communicate with other witnesses, and you may change places in the parade after each viewing, as outlined in the Crimes Act 1914 and the Criminal Procedure Act 2007 (NI).
• The witness must be told that you may not be in the parade and that they should say so if they cannot identify you with reasonable certainty, according to the Crimes Act 1914 and the Criminal Procedure Act 2007 (NI).

Recording of the Parade:

• The parade must be video recorded if practicable. If not, it must be photographed in color, and a print must be made available to you or your legal representative, as stated in the Crimes Act 1914 and the Criminal Procedure Act 2007 (NI). The Defence Force Discipline Act 1982 also requires a photograph or videotape recording of the parade.
• The constable in charge must record everything said and done at the parade and make a copy available to you or your legal representative, as per the Crimes Act 1914 and the Criminal Procedure Act 2007 (NI). The Defence Force Discipline Act 1982 requires recording particulars of what happens during the parade, including words spoken, doubts expressed, and gestures made by the witness.

Additional Protections for Young or Incapable Suspects:

• An identification parade must not be held for a suspect under 10 years old, according to the Crimes Act 1914 and the Criminal Procedure Act 2007 (NI).
• A parade must not be held for a suspect incapable of managing their affairs unless a court orders it, as per the Crimes Act 1914 and the Criminal Procedure Act 2007 (NI).
• For suspects at least 10 but under 18 who are capable of managing their affairs, a parade can only be held if the suspect and a parent/guardian (or another acceptable person) agree in writing, or if one of those persons agrees and a magistrate orders the parade, according to the Crimes Act 1914 and the Criminal Procedure Act 2007 (NI).
• Parades for suspects under 18 or incapable of managing their affairs must be held in the presence of a parent/guardian or another acceptable person, as stated in the Crimes Act 1914 and the Criminal Procedure Act 2007 (NI).

Alternatives to Identification Parades:

• Showing photographs or composite pictures to a witness is generally not allowed if you are in custody or available for a parade unless you refuse to participate, your appearance has changed significantly, or holding a parade would be unfair or unreasonable, according to the Crimes Act 1914.
• If photographs are shown, the constable must show photos of at least 9 different people who resemble you and not act unfairly or suggest a particular photo, as per the Crimes Act 1914.

These provisions aim to ensure fairness and protect the rights of suspects during the identification process.