4.12
27
A small number of facilities could be
created and made available in circumstances when the Police felt that it would not be possible to achieve an identification in the suspect's presence and hearing.
Advantages and disadvantages
4.13
Advantages There is evidence that the public seek and would support the introduction of one-way viewers and this important fact must be given due weight. Such a system could also be useful where the prosecution authorities wished to protect the witnesses' identity while they were building a strong case. When a man is arrested he must be advised of the reason for his arrest. If the crime necessarily involves one victim he will usually be told who accused him. Where this is not the case, typically a long term conspiracy, the facility might well encourage witnesses to come forward. Their identities could be protected at least until the witness statements were served on the suspect for committal proceedings or transfer to the District or High Court.
4.14
It
Disadvantages The present system has the virtue of being conducted in a completely open fashion where the suspect can see he is being treated fairly. He is asked at the conclusion of the parade if he has any complaints as to its fairness. Generally speaking few complaints are made, and the system is rarely challenged in the courts. The courts, particularly single judge tribunals, appear to trust the present system. Another advantage of the present system is that it can be conducted in any reasonably large room without special facilities. is also relevant that in some triad associated crime, the victim and other civilian witnesses are well known to the suspect. There is sometimes little point in attempting to maintain the anonymity of a witnesses. Furthermore, the fact that an individual has the moral courage to participate in a parade is a good pointer to the Police and the prosecutor that he will attend and give evidence at court. Lastly, the alternative system would be more expensive, since the suspect's solicitor or an independent observer, would need to be present at every identification parade.
Related matter
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4.15
Currently suspects are not required to attend identification parades appearance is voluntary. An option to make a suspect's attendance at an identification parade required by law is discussed in paragraphs 6.2 to 6.12 of chapter 6.