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. Where a person decides to not participate in 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. Evidence that a person refused to take part in an identification parade is admissible in court [see Alexander v R (1981) 145 CLR 395;  HCA 17and R v Smith (1999) 205 LSJS 427;  SADC 154for examples of the underlying principles].
|It is unlikely that a duty solicitor will be asked during an overnight advice session to advise an arrested person about participation in an identification parade. Whether or not the person should participate in an identification parade requires much consideration and the duty solicitor would not be in a position to provide advice in this area. The duty solicitor should advise the arrested person to tell the investigating officer they do not wish to participate in an identification parade at this time and to then seek legal representation as soon as possible.|