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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Evidence (Identification) Amendment
Bill 2012
A BILL FOR
An Act to amend the Evidence
Act 1929.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment
provisions
Part 2—Amendment of Evidence
Act 1929
4Insertion of section
34AB
34ABIdentification
evidence
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Evidence (Identification) Amendment
Act 2012.
This Act will come into operation on a day to be fixed by
proclamation.
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
After section 34A insert:
34AB—Identification evidence
(1) In a criminal trial, evidence of the identity of the defendant is not
inadmissible merely because it was obtained other than by an identification
parade if the judge is of the opinion that the evidence has sufficient probative
value to justify its admission.
(2) 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.
(3) 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 other than by an identification parade is less reliable
than evidence of identification obtained by that means unless, in the
circumstances of the case, the judge is of the opinion that it is in the
interests of justice to do so.