identification made wholly or partly by the person who made the identification examining pictures kept for the use of police officers. (2) Picture identification evidence adduced by the prosecutor is not admissible if the pictures examined suggest that they are pictures of persons in police custody. (3) Subject to subsection (4), picture identification evidence adduced by the prosecutor is not admissible if— S. 115(3)(a) amended by No. 68/2009 s. 97(Sch. item 55.33(a)). the pictures were examined, the accused was in the custody of a police officer of the police force investigating the commission of the offence with which the accused has been charged; and S. 115(3)(b) amended by No. 68/2009 s. 97(Sch. item 55.33(a)). picture of the accused that was examined was made before the accused was taken into that police custody. (4) Subsection (3) does not if— S. 115(4)(a) amended by No. 68/2009 s. 97(Sch. item 55.33). appearance of the accused had changed significantly between the time when the offence was committed and the time when the accused was taken into that custody; or S. 115(4)(b) amended by No. 68/2009 s. 97(Sch. item 55.33(a)).
identification made wholly or partly by the person who made the identification examining pictures kept for the use of police officers. (2) Picture identification evidence adduced by the prosecutor is not admissible if the pictures examined suggest that they are pictures of persons in police custody. (3) Subject to subsection (4), picture identification evidence adduced by the prosecutor is not admissible if— S. 115(3)(a) amended by No. 68/2009 s. 97(Sch. item 55.33(a)). the pictures were examined, the accused was in the custody of a police officer of the police force investigating the commission of the offence with which the accused has been charged; and S. 115(3)(b) amended by No. 68/2009 s. 97(Sch. item 55.33(a)). picture of the accused that was examined was made before the accused was taken into that police custody. (4) Subsection (3) does not if— S. 115(4)(a) amended by No. 68/2009 s. 97(Sch. item 55.33). appearance of the accused had changed significantly between the time when the offence was committed and the time when the accused was taken into that custody; or S. 115(4)(b) amended by No. 68/2009 s. 97(Sch. item 55.33(a)).
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