10 - Witness management

Question 1

What is a witness?

Answer 1

A witness is any person who has information about an alleged offender or offence. They may be an eye witness who was present at the incident or someone who can provide only peripheral information.

Question 2

Informants, Police who have first contact with the informant…

Answer 2

should be debriefed and a full record made of their account. This record could become crucial if the informant is later identified as a suspect.

Question 3

Ways to identify witnesses

Answer 3

• Viewing CCTV
• Media releases and appeals
• Area canvass
• Interviews with victims and other witnesses
• Suspect interviews

Question 4

Witnesses as a scene, what to consider before interviewing

Answer 4

If witnesses have been so proximate to events that it is likely evidence has been transferred to witness, before the witness is interviewed, a plan must be prepared to preserve and recover all available physical evidence from the witness including DNA, fingerprints, clothes, footwear, fibres, body fluids, glass or other material.

Question 5

Prelim interviews with witnesses, what can they achieve?

Answer 5

• early ID or arrest of a suspect
• recovery of evidence or information relevant to the offence
• prevention of the imminent disposal or destruction of evidence connected to the investigation
• prevention of the commission of other offences

Question 6

Alternate ways for witness to give evidence

Answer 6

• evidence from behind a screen
• from an appropriate place outside the courtroom
• giving evidence in chief by way of video recording

Question 7

Points to consider when selecting an appropriate interviewer to interview a witness

Answer 7

• The level of training of the interviewer
• the experience the officer has in interviewing witnesses in major investigations and any additional skills the interviewer has which may be advantageous in the circumstances
• the suitability of the officer to undertake the interview. Consideration of any welfare issues etc.

Question 8

Risk assessment with witnesses

Answer 8

A risk assessment must be conducted to establish the extent to which a witness might be at risk of intimidation and or physical harm.

Question 9

OC witnesses - Witness intimidation

Answer 9

By maintaining contact with witnesses, Police will be more likely to become aware of any threats, intimidation or interference and can arrange for appropriate action to be taken; such as initiating the witness protection program.

Question 10

OC witnesses - Witness control

Answer 10

Ensure that witnesses do not:

• have any contact or communication with jurors
• discuss the case in public areas while waiting to give evidence
• discuss the case with witnesses waiting after they have given evidence

Question 11

OC witnesses - refreshing memory

Answer 11

At court, request the witness refresh their memory by reading any previously signed statements or interview transcripts.

Question 12

Alibi witnesses and what to do

Answer 12

• Must only be interviewed under direction of the Crown
• Make enquiries to determine the veracity of the alibi
• Conduct enquiries as directed by the OC investigation and the Crown Solicitor including NIA checks on the alibi witness
• forward the results of these enquiries to the Crown Solicitor, including any statements obtained