(b)
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making the consequences of refusal include the fact that the prosecution may comment at the trial of the accused on the refusal to attend an
identification parade. This
consequence would be in addition to the liability to face a confrontation identification.
Advantages and disadvantages
6.7
Advantages If suspects were compelled to attend identification parades, the Police would be better able to ascertain whether a witness was able to identify the suspect in controlled circumstances. Whatever the outcome of the identification parade, the Police could know what their position was at an early stage of the investigation. Identification parades are also of considerable help to innocent accused particularly when it is the victim himself who does not identify him as the actual perpetrator of the crime. An advantage for the accused in that he would have some idea of the strength or weakness of the case against him. Compulsory attendance has the advantage of equality of treatment and opportunity to all accused. This latter advantage does not apply in respect of option (b).
6.8
Disadvantages The imposition of this obligation might be seen as a diminution of the rights of a suspect. The liability to attend identification parades might be seen as lessening the privilege against self-incrimination. The answer to this point is that the legal boundaries of this privilege are much narrower than the popular view of them. An accused person is not obliged to incriminate himself out of his own mouth. That is all. The Police may lawfully photograph an accused. They may seize his possessions under a warrant. The Police Force Ordinance, Chapter 232, empowers the Police to take an accused's fingerprints. In limited circumstances, for example, in dangerous drugs cases, the Police may take body samples.
6.9
Another disadvantage is that a scheme such as option (a) would require a method of enforcement. One method might be to create a criminal offence of refusing to attend an identification parade when reasonably required to do so. A second method might be where an accused refuses, he be brought before a court for the court to decide whether he must participate in a parade. If he was ordered to participate then it would be a contempt by the accused to refuse to participate.
6.10
A further disadvantage is that ultimately an accused who was determined not to co-operate could so conduct himself at an identification parade so as to make the parade worthless.