(1) This section—
(a) applies in relation to identification evidence adduced by the prosecutor where the identification was made wholly or partly as a result of the person who made the identification examining pictures kept for the use of police officers; and
(b) applies in addition to section 100.
(2) Where the defendant was in the custody of a police officer in connection with the investigation of an offence at the time when the pictures were examined, the identification evidence is not admissible unless—
(a) the picture of the defendant that was examined was made after the defendant had been taken into that custody; or
(b) the pictures examined included a reasonable number of pictures of persons who were not, at the time when the pictures were made, in the custody of a police officer in connection with the investigation of an offence,
and the identification was made without the person who made it having been intentionally influenced to make that identification.
(3) In any other case, other than that mentioned in subsection (2), the identification evidence is not admissible unless the pictures examined included a reasonable number of pictures of persons who were not, at the time when the pictures were made, in the custody of a police officer in connection with the investigation of an offence.
(4) Where the evidence concerning an identification of a defendant that was made after examining a picture has been adduced by that defendant, the preceding provisions of this section do not render inadmissible evidence adduced by the prosecutor, being evidence that contradicts or qualifies that evidence.
(5) In this section—
(a) “picture” includes a photograph; and
(b) a reference to the making of a picture includes a reference to the taking of a photograph.