Evidence Regulations 2022

For the purposes of section 34AB(2)(a)(i) of the Act, reasonable steps must be taken when making an audio visual record of an identity parade to ensure that—

the witness identifying, or attempting to identify, a person alleged to have committed an offence is visible at all relevant times during the conduct of the identity parade; and

if the witness indicates that a person taking part in, or whose image is included in, the parade is alleged to have committed an offence—that person or image (as the case requires) is visible at the time the witness gives the indication; and

anything said by the witness, and any other person present, during the conduct of the identity parade is recorded.

For the purposes of section 34AB(2)(a)(i) of the Act, the

if the person has been charged with an offence to which the identity parade relates but is subsequently discharged—the day on which the person is so discharged; or

if the person has been convicted or acquitted of an offence to which the identity parade relates—

if an appeal has not been lodged within the period provided for lodging an appeal against the conviction or acquittal—the end of the period; or

if an appeal has been lodged within the period provided for lodging an appeal against the conviction or acquittal—the appeal lapses or is finally determined, whichever is the later; or

if the person to whom the record relates has not been charged with an offence to which the identity parade relates—until the end of the period within which the person can be charged with the offence.