Interviews Flashcards
For an ABE interview. What classes as an intimidated witness?
Witness whose evidence is likely to be diminished by fear or distress
For an ABE interview, what classes as a vulnerable witness?
Child under 17
Physical or learning disability
Mental disorder
Give 2 examples of types of open questions?
TED tell explain describe
5 WH who why what where when how
What is the peace model?
P plan and prepare - what do I know? What do I want to know? E engage and explain A account - clarify - challenge C closure E evaluation
Structure of witness interview?
Intro - record time and date/location
Names of people present
Can I call you…?
Other commitments today? Breaks/toilet/drink
Purpose - going to tell me everything
Check
Break down
Ask q’s
Don’t know
Don’t understand
Can’t remember
NVC’s
Notes Review Statement Investigation Case file Court - ok? Q's?
TED take time/think back/leave nothing out/use own words
Summarise
Parameters TED Prove 5 WH's Summarise Link
Descriptions
Impact
Closure
Outline advocate?
A amount of time D distance V visibility O obstructions K known or seen before A any reason to remember T time lapse since event E errors or discrepancies
Structure of suspect interview?
B buzzing put tapes in
I introduce self and others
T time/date/location
F FILA entitled to free independent legal advice/why haven’t taken?
C re deliver caution + explain
R routine notes/tapes/camera/exhibits/NVC’s/anything in room
R reasons -arrested/interview/opportunity to relay your version
O objectives - talk to you about..you/last night/circs of arrest/involvement with offence
E expectations - truth/check
Set a parameter and TED
Summarise
Suspect parameters 5WH summarise and link
Police parameters 5WH summarise and link
Challenge phase
Closure
What to do if no comment suspect interview?
Use pre prepared police agenda
5WH q’s
Everything becomes a challenge
Special warnings
What is Sec 70?
Drawing adverse inferences
Asked a question and refuse to answer you then remind them about middle section of caution and that court can draw inferences if you choose not to answer now
What is Sec 72 special warning?
Failure or refusal to account for object/mark/substance in their possession
Read out
O offence investigation
F fact you are asking them to account for
F how that fact relates to offence
I court may draw inferences
T all being taped
If do it more than once only need to do FFI
What is Sec 73 special warning?
Failure or refusal to answer questions relating to presence at a particular place
Due to presence there, they are suspected to be involved in offence
OFFIT
When is an appropriate adult used? And what is one?
Juvenile 17 and under
Mental or learning disabilities
Can’t give legal advice - there to ensure welfare is ok
Parent/guardian/care authority
Social worker
Responsible person 18 or over who is not a police officer
Can’t be if also involved with offence