This information is added for completeness. Normally, arrangements for a formal identification parade occur some time after the accused person has been charged with an offence and they have been assigned a solicitor for representation. An accused person has a right to choose whether or not they wish to participate in an identification parade and it is important they receive legal advice before they agree to participate.

Evidence that a person refused to take part in an identification parade is admissible in court [see Alexander v R (1981) 145 CLR 395 ;[1981] HCA 17and R v Smith (1999) 205 LSJS 427; [1999] SADC 154for examples of the underlying principles].

Instead of an identification parade, the police can arrange for a collection of photographs for identification purposes. The use of photographs does not require the accused person’s consent. Since the introduction of s 34AB of the Evidence Act 1929 (SA) in July 2014, which has the effect of placing equal evidentiary weight on identification evidence obtained through a photographic array, it is likely that line-ups will be used only rarely.