CRIMES ACT 1900 - SECT 234 Identification parades for suspects under 18 etc
CRIMES ACT 1900 - SECT 234
Identification parades for suspects under 18 etc(1) An identification parade must not be held for a suspect who is under the age of criminal responsibility.
(2) An identification parade must not be held for a suspect who is incapable of managing his or her affairs unless a court orders that it be held.
(3) An identification parade must not be held for a suspect who—
(a) is not under the age of criminal responsibility for the offence for which the person is suspected, but under 18 years old; and
(b) is capable of managing his or her affairs;
unless 1 of the following paragraphs applies:
(c) the suspect agrees to or requests in writing the holding of the parade and a parent or guardian of the suspect agrees in writing to the holding of the parade or, if the parent or guardian is not acceptable to the suspect, another person (other than a police officer) who is capable of representing the interests of the suspect and who, as far as is practicable in the circumstances, is acceptable to the suspect agrees in writing to the holding of the parade;
(d) if—
(i) 1 of those persons agrees in writing to the holding of the parade but the other does not; and
(ii) a court orders that the parade be held.
(4) In deciding whether to make an order under subsection (2) or (3), the court shall have regard to—
(a) the seriousness of the offence; and
(b) the age or any disability of the person; and
(c) any other matters as the court thinks fit.
(5) An identification parade for a suspect who is under 18 or who is incapable of managing his or her affairs shall be held in the presence of—
(a) a parent or guardian of the suspect; or
(b) if the parent or guardian is not acceptable to the suspect—another person (other than a police officer) who is capable of representing the interests of the suspect and who, as far as is practicable in the circumstances, is acceptable to the suspect.