Security camera photographs taken at the scene of a crime are real evidence of the offence and do not constitute 'picture identification evidence' within ss 115-116 of the Evidence Act 1995 (NSW). Those provisions are concerned with identification made by examining pictures kept for the use of police officers (colloquially 'mug shots'), not with photographic evidence captured at the scene. However, trial judges should still give strong directions about the dangers of using photographic evidence for identification purposes.
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