(1) Identification evidence adduced by the prosecutor is not admissible evidence unless—
(a) either—
(i) an identification parade that included the defendant was held before the identification was made, or
(ii) it would not have been reasonable to have held an identification parade and subsection (5) applies; and
(b) the identification was made without the person who made it having been intentionally influenced to make it.
(2) Without limiting subsection (1), the matters to be taken into account in determining whether it was reasonable to hold an identification parade as mentioned in that subsection include—
(a) the kind of offence and the gravity of the offence concerned;
(b) the importance of the evidence;
(c) the practicality of holding such an identification parade having regard, among other things—
(i) to whether the defendant refused to co-operate in the conduct of the parade, and to the manner and extent of, and the reason, if any, for, the refusal, and
(ii) in any case, to whether the identification was made at or about the time of the commission of the relevant offence; and
(d) the appropriateness of holding such an identification parade having regard, among other things, to the relationship, if any, between the defendant and the other person who made the identification.
(3) Where—
(a) the defendant refused to co-operate in the conduct of an identification parade unless an attorney-at-law acting for him or her was present while it was being held; and
(b) there were, at the time when the identification parade was to have been conducted, reasonable grounds to believe that it was not reasonably practicable for such attorney-at-law to be present,
it shall be presumed that it would not have been reasonable to have held an identification parade at that time.
(4) In determining whether it was reasonable to have held an identification parade, the court shall not take into account the availability of pictures that could be used in making identifications.
(5) Where it would not have been reasonable for an identification parade to be held and a group identification, video film identification or in the case where neither was practicable, a confrontation was held, the identification evidence is admissible.