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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Evidence (Identification Evidence) Amendment
Bill 2013
A BILL FOR
An Act to amend the Evidence
Act 1929.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Evidence
Act 1929
4Insertion of section
34AB
34ABIdentification
evidence
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Evidence (Identification Evidence)
Amendment Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Evidence
Act 1929
After section 34A insert:
34AB—Identification evidence
(1) In a criminal trial, evidence of the identity of the offender obtained
by means of an identification process is not inadmissible merely because the
evidence was obtained by a process other than an identification
parade.
(2) In a criminal trial, evidence of the identity of the offender obtained
by means of an identification process is inadmissible unless—
(a) an audio visual
record of the identification process is made and kept in accordance with the
regulations; or
(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) In a criminal trial where the identity of the defendant is in issue,
the judge must, if evidence of the identity of the defendant is admitted, inform
the jury—
(a) of the need for caution before accepting identification evidence;
and
(b) of the reasons for the need for caution, both generally and in the
circumstances of the case.
(4) In giving any such information, the judge is not required to use any
particular form of words but may not make any suggestion that evidence of
identification obtained by an identification process other than an
identification parade is any less reliable than evidence of identification
obtained by those means.
(5) To avoid doubt, this section does not—
(a) make evidence admissible that would otherwise be inadmissible;
or
(b) affect the court's discretion to exclude evidence.
(6) In this section—
identification process means a process whereby a witness
identifies another person, and includes an identification parade and
identification from a photographic or other form of visual display.