Noel Treacy
Question:173 Mr. N. Treacy asked the Minister for Justice the proposals, if any, she has to allow crime victims to identify a suspect without their identity being exposed; and if she will make a statement on the matter. [6267/97]
Written Answers. - Witness Protection.
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 legislative provision. Comprehensive guidelines on the procedures to be followed have been prepared by the Garda authorities. There is an obligation, on the part of the member conducting the parade, 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. The need for the witness to make an identification clearly is explained to witness who is not obliged to participate in an identification parade system. Nor is he-she obliged to put their hand on person contrary to some recent press coverage.
The overriding consideration in any identification procedure is to exclude any suspicion of unfairness or the risk of erroneous identification, and to make sure that the witness ability to recognise the suspect has been fairly and adequately tested. The inherent fairness or otherwise of the procedure followed at the identification parade is amongst the matters which can be questioned by the defence in the course of a criminal trial. Case-law has consistently stressed that those in charge of prosecutions should be scrupulous in looking after the rights of the accused. It can be anticipated that any changes to the procedures adopted in identification parades will be met by rigorous challenges in the courts by defence counsel. There is also a danger that the introduction of screens will prove counterproductive because of suspects declining to participate, as is their right.
Notwithstanding these constraints, I understand how traumatic it can be for a witness to take part in an identification parade and I am aware that the gardaí do all they can to reduce the difficulties for witnesses.