Title: Evidence (Identification Evidence) AmendmentBill 2013
Author: Office of Parliamentary Counsel
Category: parliamentary.copy
Document comments: ha190

House of Assembly—No 190
As laid on the table and read a first time, 25 September 2013

Evidence (Identification Evidence) Amendment Bill 2013

Evidence (Identification Evidence) Amendment Bill 2013
Part 1—Preliminary

Evidence (Identification Evidence) Amendment Bill 2013
Preliminary—Part 1

Evidence (Identification Evidence) Amendment Bill 2013
Part 2—Amendment of Evidence Act 1929

Evidence (Identification Evidence) Amendment Bill 2013
Amendment of Evidence Act 1929—Part 2

South Australia
Evidence (Identification Evidence) Amendment Bill 2013
A Bill For
An Act to amend the Evidence Act 1929.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Evidence Act 1929
4	Insertion of section 34AB
34AB	Identification evidence

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Evidence (Identification Evidence) Amendment Act 2013.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Evidence Act 1929
4—Insertion of section 34AB
After section 34A insert:
34AB—Identification evidence
	(1)	In a criminal trial, evidence of the identity of the offender obtained by means of an identification process is not inadmissible merely because the evidence was obtained by a process other than an identification parade.
	(2)	In a criminal trial, evidence of the identity of the offender obtained by means of an identification process is inadmissible unless—
	(a)	an audio visual record of the identification process is made and kept in accordance with the regulations; or
	(b)	the judge is satisfied that the interests of justice require the admission of the evidence despite the failure to comply with paragraph (a).
	(3)	In a criminal trial where the identity of the defendant is in issue, the judge must, if evidence of the identity of the defendant is admitted, inform the jury—
	(a)	of the need for caution before accepting identification evidence; and
	(b)	of the reasons for the need for caution, both generally and in the circumstances of the case.
	(4)	In giving any such information, the judge is not required to use any particular form of words but may not make any suggestion that evidence of identification obtained by an identification process other than an identification parade is any less reliable than evidence of identification obtained by those means.
	(5)	To avoid doubt, this section does not—
	(a)	make evidence admissible that would otherwise be inadmissible; or
	(b)	affect the court's discretion to exclude evidence.
	(6)	In this section—
identification process means a process whereby a witness identifies another person, and includes an identification parade and identification from a photographic or other form of visual display.

HA GP 413-B OPC 37