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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) Subject to this section, in a criminal trial, evidence of the identity
of the defendant is not admissible unless—
(a) the evidence has been obtained in accordance with procedures
prescribed by the regulations; and
(b) the judge is of the opinion that the evidence has sufficient probative
value to justify its admission.
(2) In a criminal trial, the judge may admit evidence of the identity of
the defendant obtained otherwise than in accordance with the regulations if the
judge is of the opinion that, despite the non-compliance, the evidence has
sufficient probative value to justify its admission.
(3) 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.
(4) For the avoidance of doubt, nothing in this section requires a judge
to admit evidence of the identity of the defendant.