Crimes Legislation Enhancement Act 2003 (41 of 2003)

Schedule 1   Amendment of the Crimes Act 1914

Part 2   Identification parades

3   Paragraph 3ZM(3)(b)

Repeal the paragraph, substitute:

(b) if he or she refuses to take part in the parade:

(i) evidence of the refusal may be given in later proceedings relating to an offence, for the purpose of explaining why an identification parade was not held; and

(ii) evidence may be given in such proceedings of any identification of the suspect by a witness as a result of having seen a photograph or having seen the suspect otherwise than during an identification parade; and