Evidence (Identification Evidence) Amendment Act 2013 (SA)

South Australia

Evidence (Identification Evidence) Amendment Act 2013

An Act to amend the Evidence Act 1929.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Evidence (Identification Evidence) Amendment Act 2013.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Evidence Act 19294Insertion of section 34AB

After section 34A insert:

34AB—Identification evidence

1. (1)

   In a criminal trial, evidence of the identity of a person alleged to have committed an offence is not inadmissible, and is not to be excluded, merely because it was obtained other than by means of an identity parade involving a physical line‑up of persons.

2. (2)

   In a criminal trial, evidence of the identity of a person alleged to have committed an offence obtained by means of an identity parade is to be excluded unless—

   1. (a)

      —

      1. (i)

         an audio visual record of the identity parade is made and kept in accordance with the regulations; and

      2. (ii)

         if the regulations prescribe procedures for the conduct of an identity parade—the identity parade is conducted in accordance with the prescribed procedures; or

   2. (b)

      the judge is satisfied that the interests of justice require the admission of the evidence despite the failure to comply with paragraph (a).

3. (3)

   In a criminal trial where the identity of a person alleged to have committed an offence is in issue, the judge must, if evidence of the identity of the person is admitted, inform the jury—

   1. (a)

      of the need for caution before accepting identification evidence; and

   2. (b)

      of the reasons for the need for caution, both generally and in the circumstances of the case.

4. (4)

   In giving any such information, the judge is not required to use any particular form of words but may not suggest that identification evidence obtained from an identity parade by any means other than by a physical line‑up of persons is inherently or intrinsically less reliable than evidence obtained from an identity parade by such means.

5. (5)

   To avoid doubt, this section does not—

   1. (a)

      make evidence admissible that would otherwise be inadmissible; or

   2. (b)

      affect the court's discretion to exclude evidence.

6. (6)

   In this section—

identity parade means a contemporaneous presentation (whether by a physical line‑up or by means of images) of a number of persons to a witness for the purpose of identifying a person.

5Substitution of Schedule 1

Schedule 1—delete the Schedule and substitute:

Schedule 1—Review of identity parade evidence

1—Review and report on section 34AB

1. (1)

   The Minister must, within 12 months after the commencement of this clause, cause a review to be carried out of any orders and directions issued by the Commissioner of Police to support the operation of section 34AB of this Act (as inserted by the Evidence (Identification Evidence) Amendment Bill 2013), including the extent to which any such orders and directions—

   1. (a)

      reflect scientific best practice; and

   2. (b)

      make provision for the following:

      1. (i)

         persons with disability;

      2. (ii)

         persons of cultural and linguistic diversity.

   Example—

   Ensuring that the procedures to be followed are accessible to persons referred to in paragraph (b).

2. (2)

   A report on the review must be provided to the Minister within 3 months after the commencement of the review.

3. (3)

   The Minister must, within 12 sitting days after receipt of the report under this clause, cause a copy of the report to be laid before each House of Parliament.