Vol. 440 No. 2
21 Miss Harney asked the Minister for Justice the procedures which are followed by the Garda in relation to identification parades, particularly in cases of the identification of alleged rapists and other sexual offenders; and if she will make a statement on the matter.
The format of identification parades, and the manner in which they are held are procedural matters for the Garda authorities, and are not governed by any positive rule of law or practice of general application. A point worth mentioning is that there is an obligation to explain to the suspect that he or she is not required to take part in the process. No inference may be drawn from the faulure to take part.
Comprehensive guidelines on the procedures to be followed have been prepared by the Garda authorities and have been circulated to each member of the force.
The procedures which are followed by the Garda in relation to identification parades are the same in all cases, including those involving persons who are suspected of sexual offences.
The overriding consideration in any identification procedure is to exclude any suspicion of unfairness or the risk of erroneous identification, and to make sure the witnesses' ability to recognise the suspect has been fairly and adequately tested.
However, the Garda authorities are also aware that it is important that the witness in an identification parade, who like the suspect is under no obligation to take part in the procedure, is given every help and support in what for some people can be quite a traumatic experience.
The fact that the inherent fairness of the procedure followed at the identification parade is among the matters which may be questioned by the defence in the course of the trial provides a powerful incentive to ensure that proper procedures are observed.
