Rules of Evidence

Identification

Identification evidence rules apply only in criminal proceedings. Section 114 prohibits visual identification evidence unless an identification parade has occurred. Exceptions arise where it would have been unreasonable to have held such a parade, or where the defendant refused to participate in a parade. Where the defendant has intentionally influenced the identifying witness, the exceptions do not apply. Failing an identification parade, photographs may be used, subject to restrictions in section 115.

All statutory sections from unspecified Acts, are sections from a model Act of the Commonwealth Parliament as described on the first page of this chapter, and should be replicated as described in each of the related Acts of each State and Territory. (Jurisdiction to regulate the rules of evidence exists in the States and Territories and not in the Commonwealth).