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Report No. 87

Compulsion to attend identification parade.- The U.K. Committee on identification evidence said14:-

"The first and most obvious case is when the accused refuses to attend the parade. We have noted that in parts of the United States there has been a move in recent years to employ a court order to compel a suspect who is not already in custody to attend an identification parade. But such has never been the practice in this country (U.K.) and none of our witnesses had advocated its introduction; apart from the objection in principle to the exercises of compulsion, everyone is agreed that a fair parade requires the accused's co-operation."

1. Section 40(1), Magistrates Courts Act, 1952.

2. Section 33, Criminal Justice Act, 1967.

3. Section 40(1), Magistrates Courts Act read with section 8, Children and Young Persons Act, 1987.

4. Moriarty Police Law, (1976), p. 16.

5. Section 40(2), Magistrates Courts Act, 1952.

6. Section 33, Criminal Justice Act, 1967.

7. Section 40(4), Magistrates Courts Act, 1952.

8. Stone's Justices' Manual, (1970), Vol. 2, pp. 2636-2637. Also Vol. 1, p. 455.

9. Sections 16 and 43(3), Prisons Act, 1952.

10. Stone's Justices' Manual, (1970), Vol. 2, pp. 2636-2637.

11. See Halsbury's, 3rd Edn., Vol. 30, p. 591, para. 1131.

12. Stone's Justices' Manual, (1970), Vol. 2, pp. 2636-2637.

13. See also Halsbury's, 3rd Edn., Vol. 30, p. 596, para. 1143.

14. Department Committee on Evidence of Identification in Criminal Cases, (1976), pp. 97, 98.



Identification of Prisoners Act, 1920 Back




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