PART XIII Miscellaneous
Certain rights of accused
290 Accused’s right to request identification parade.
(1)
Subject to subsection (2) below, the sheriff may, on an application by an accused at any time after the accused has been charged with an offence, order that, in relation to the alleged offence, the prosecutor shall hold an identification parade in which the accused shall be one of those constituting the parade.
(2)
The sheriff shall make an order in accordance with subsection (1) above only after giving the prosecutor an opportunity to be heard and only if—
(a)
an identification parade, such as is mentioned in subsection (1) above, has not been held at the instance of the prosecutor;
(b)
after a request by the accused, the prosecutor has refused to hold, or has unreasonably delayed holding, such an identification parade; and
(c)
the sheriff considers the application under subsection (1) above to be reasonable.