Vol. 448 No. 7
32 Miss Harney asked the Minister for Justice if she will improve the procedures for identification parades so as to avoid the need for victims of crime to be physically present in the same room as the suspects; and if she will make a statement on the matter. [2819/95]
The format of identification parades and the manner in which they are held are pro-cedural 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 a failure to take part. Comprehensive guidelines on the procedures to be followed by all gardaí are in place and have been circulated to each member of the force.
In regard to amending the existing procedures, I should state that there are very important considerations to be borne in mind when approaching this issue. First, there is an obvious need to ensure that the identification process is above suspicion and able to meet any legal challenge which may be raised in the subsequent court hearing. Second, while at all times taking into account what may be a traumatic experience for the victim, the rights of the suspect cannot be overlooked and every possible effort must be made to avoid erroneous identification. However, I will refer the Deputy's proposal to the Garda authorities for their consideration.
