TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 101

6.3

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If a suspect refuses to attend the parade, the prosecution usually arranges a confrontation between the suspect and the witness. There is no universal practice for the conduct of confrontation identifications. Some are done face-to-face and one-on-one. Some are done in large rooms where there are a significant number of people, for example, a Criminal Investigation Department general office. In the larger police stations there are often large numbers of people from all walks of life present on police business. It might also be done in a public place, such as the precincts of a court. Whichever method is adopted, the procedure is unsatisfactory. It may be unfair to the accused, particularly if he is the only person who is not working for the Police in the room where the confrontation occurs.

It may reduce the quality of the identification because in a properly-conducted identification parade, a higher degree of certainty is assured if the suspect is identified from among a number of persons who resemble him.

6.4

According to current police practice, the suspect is usually told of his right to refuse to participate in an identification parade, and the consequences of his refusal, soon after the stage when the officer-in-charge of the investigation decides that such a parade may assist in the

investigation.

As a matter of practice, if at this stage the suspect refuses to participate, no identification parade is held. About 10% of suspects who are asked to participate in identification

parades refuse to do so. If the suspect has agreed to participate, the officer-in-charge of the

identification parade asks him again if he is willing to participate in the parade before the parade starts. A small percentage of those who had

initially agreed to participate change their minds and refuse at this stage.

6.5

Plainly, the suspect who refuses to participate in an identification parade hampers police investigation where identification is in issue. The Police are not able to test the ability of witnesses to identify the wrong-doer by this means which is a more meaningful method of testing his ability than a confrontation.

Options

6.6

There are two options which might deal with the problem of a suspect who refuses to participate in an identification parade. These are

(a)

making participation in an

identification parade compulsory; or