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Crimes Act 1961

Procedure - Identification evidence

344B: Attendance at identification parade voluntary

You could also call this:

“You can choose if you want to be in a line-up to help identify someone, and no one can force you to do it.”

You don’t have to go to an identification parade if you are charged with a crime. It’s your choice whether to attend or not.

If you do decide to go to an identification parade, you can bring your lawyer with you.

If you choose not to go to an identification parade, no one can say anything bad about you because of this decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM331450.

Topics:
Crime and justice > Criminal law
Crime and justice > Police and safety
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344A: Interlocutory order relating to admissibility of evidence, or

“A judge's decision about what evidence can be used in a court case”

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344C: Information relating to identification witness to be supplied to defendant, or

“The court must tell the accused person about the witness who can identify them”

Part 12 Procedure
Identification evidence

344BAttendance at identification parade voluntary

  1. No person charged with an offence shall be compelled to attend an identification parade.

  2. If any person charged with an offence does attend an identification parade, he or she shall be entitled to have his or her solicitor present.

  3. Where a person charged with an offence has refused to attend an identification parade, no comment adverse to the person charged shall be made thereon.

Notes
  • Section 344B: inserted, on , by section 2 of the Crimes Amendment Act 1982 (1982 No 46).