10) - Witnesses

Question 1

Witness as a scene

Answer 1

Some witnesses may have been so proximate to events that it is likely evidence was transferred to the witness, from the victim, suspect or from the scene itself.

Before a 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 2

Preliminary witness interviews

On some occasions it may be necessary to conduct a prompt, preliminary interview with a witness who possesses information or material that is likely to rapidly progress the investigation, ie. information that may lead to

Answer 2

• Early identification or arrest of a suspect
• Prevention of the commission of other offences
• Recovery of evidence or information relevant to the offence
• Prevention of the imminent disposal or destruction of evidence connected to the investigation.

Question 3

Initial witness assessment

Before any formal interview is conducted, the investigator must make an assessment of the witness.

The assessment should consider how the witness interview should be conducted, and enable the investigation team to identify:

Answer 3

• Special considerations
• Needs for special assistance
• Optimum approach
• Witness availability

Question 4

Risk assessment

Answer 4

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

Different forms of intimidation may result from a witness providing information to Police, ranging from fear of going to Court, to life being at serious risk.

Question 5

Witness Control

Ensure that witnesses do not:

Answer 5

• 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 6

Alibi witnesses

Alibi witnesses notified under section 22 of the Criminal Disclosure Act 2008 must only be interviewed under the direction of the Crown Solicitor.

When particulars of alibi witnesses are notified concerning a matter in respect of which proceedings have been commenced, the investigator must:

Answer 6

• make enquiries to determine the veracity of the alibi
• conduct inquiries 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.