CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 4 - Arrest and related matters  

SECTION 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.




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