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CIK100 > Investigative Interviewing > Flashcards

Investigative Interviewing Flashcards

1
Q

What is the purpose of interviewing a witness?

A

Elicit the witness’s complete, accurate, reliable account of the alleged events and any other information that would assist the investigation

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2
Q

Who is a witness?

A

People who have information about an alleged offence or offender. they may be an eyewitness, present at the event or someone who can provide peripheral information

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3
Q

Witness includes and does not include?

A

Includes- victims, a person against whom an offence is committed and or suffers physical injury or loss of or damage to property.
Does not include- suspects

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4
Q

if there is more than one witness to an incident?

A

Take care to minimise risk of memory contamination between witnesses- separate them asap and ask not to discuss incident with one another

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5
Q

What should you do if a witness becomes a suspect during an interview?

A

Adopt procedures for interviewing suspects

  • caution the person
  • visually recorded the interview
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6
Q

What are the 10 principles of investigative interviewing?

A
  1. Interviewing is at the heart of investigation
  2. the aim of an interview is to discover the truth
  3. information must be complete, accurate and reliable
  4. keep an open mind
  5. act fairly
  6. questioning can be persistent
  7. some witnesses require special consideration
  8. suspects must be interviewed in accordance with the law
  9. special care must be taken to identify suspects requiring special consideration
  10. be sensitive to cultural background and religious beliefs.
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7
Q

Give examples of witnesses requiring special consideration

A
  • Children
  • the elderly
  • intoxicated witnesses
  • traumatised victims
  • witnesses with intellectual disability or mental health conditions
  • victims of family violence or sexual assault
  • witnesses with communication difficulties (language)
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8
Q

What is a general rule for timing of interviews?

A

they should be conducted as early as possible for both investigative purposes and to minimise risk of memory contamination and forgetting

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9
Q

What 3 things should you consider when deciding when to interview a witness?

A
  • Investigative factors-what are the needs of the investigation?
  • Interviewee factors-what are the needs of the interviewee, involve interviewee in decision
  • Memory factors- the longer the delay, the greater the room for contamination
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10
Q

In what circumstances should you consider delaying the interview?

A
  • if a witness is showing signs of trauma, is tired or intoxicated
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11
Q

What does ADVOKATES stand for?

A 
A-amount of time under observation
D-distance
V- visibility
O-obstructions
K- Know or seen before
A- any reason to remember
T- time lapse since seen
E- error or discrepancies
S- salience
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12
Q

When should you record a statement from witnesses?

A

When that person can provide investigatively important information and can include;

  • witnesses of doubtfully reliability
  • Spouses of suspects and offenders
  • associates of offenders
  • likely defence witnesses
  • people suspected of making false complaints
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13
Q

Can a witness decline to be interviewed?

A

Yes. Interviews are always conducted with consent. There is a statutory obligation under the LTA 1998.

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14
Q

Give examples of witnesses for whom it is investigatively important to maximise accuracy or their statements.

A
  • victims and witnesses of serious offences
  • family members of suspects
  • witnesses who may later become suspects
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15
Q

What is the best way to maximise the the quality of evidence for an investigatively important witness?

A

Visually record the interview.

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16
Q

What are the benefits of having a support person present with a witness?

A
  • reduces anxiety
  • ensures witness wellbeing and understanding
  • aiding your understanding of the witness’ needs
  • providing support to the witness leading up to court proceedings
17
Q

When can a support person be present in the room during an interview?

A

A person may be present during a recorded video interview if the interviewer considers;

  • it is in the interest of the witness and
  • the person is an appropriate person to support the witness
18
Q

When should you always consider using a support person for a witness?

A

if the witness is;

  • under 18 years
  • is a victim of sexual assault
  • fears of intimidation
  • victim or witness of serious offence
  • is closely related to the suspect
  • has communication difficulty (disability)
19
Q

Who is an appropriate support person?

A
  • an adult of or over 18 years
  • is not a suspect or witness in the matter
  • you believe will not pervert the course of justice
  • is available within reasonable period of time
20
Q

You should consider enlisting the help of specialist support persons with?

A
  • Adult sexual assault victims
  • Witnesses with communication difficulties
  • Witnesses showing signs of extreme trauma
21
Q

Name two types of specialist interviewers

A
  • Specialist child witness interviewers

- Specialist adult witness interviewers-level 3 trained

22
Q

can you apply for an alternative way of giving evidence in court?

A

Yes. Under Evidence Act 2006, section 103.

23
Q

What factors should you consider when deciding whether to apply for alternative way of giving evidence?

A
  • views of the witness and whether they are under 18

- whether the video will provide the best means of giving evidence

24
Q

who is a suspect?

A

Any person whom is believed has or may have committed an offence. Whether or not that person has been charged or there is good cause to suspect that person committed that offence

25
Q

What is the exception to the hearsay rule?

A

the record of any statements made by a suspect may be admissible as evidence. treat all records of suspects interviews as exhibits.

26
Q

When should you consider writing a suspect statement?

A

It is impractical to video or audio record the interview or the suspect refuses to ton on video or audio but consents to written statement.

27
Q

What is arrest?

A

Arrest is lawfully taking a person suspected of committing an offence into custody or temporarily taking their liberty away.

28
Q

What are the arrest requirements?

A

You must make it clear to the person by your words and conduct that they are being arrested, and ensure they know they are not free to go as they please.
- you ust formal touch the person or have the persons agreement or submissions to the arrest

29
Q

What is arbitrary detention?

A

Is when you arrest or detain a person and you do not have legislative power to do so. the arrest or detention is unreasonable or unnecessary in the particular case

30
Q

Can you detain a person for questioning?

A

No. you have no power to detain a person, unless you are acting under legislation or you arrest them. you must obtain consent when not arresting, and the person must be fairly informed that they can leave at any time

31
Q

Arrests under the Crimes Act 1961 without warrant

A

s315(1)- find the person committing offence punishable by imprisonment
s315(2)- good cause to suspect (own observations, witness statement etc.)

32
Q

Arresting children, young persons without warrant?

A

s214 of CYP and their families act

33
Q

What is a good charging decision?

A

when charges chosen adequately reflect the nature and extent of the criminal conduct and provide the court with an appropriate basis for sentence.

34
Q

What is the process for making a good charging decision?

A

Ask the following questions?

  • what evidence do i have?
  • has an offence been committed
  • is prosecution required?
  • is a recharge warning appropriate
35
Q

if an offence has been committed, and a warning is not appropriate, you must consider whether to commence prosecution. there are two steps required to make this determination, what are they?

A

the evidential test

the public interest test

36
Q

Describe the evidential test

A

is the admissible evidence sufficient to provide a reasonable prospect of conviction? if not met the charge cannot be filed.

37
Q

factors to be consider when determining public interest

A
  • seriousness of the offence
  • likely penalty on conviction
  • circumstances of the defendant
  • the likelihood of the offence being continued or repeated
  • the circumstances of the victim

CIK100 (7 decks)

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