Investigative Interviewing

Question 1

What does ‘witness’ mean?

Answer 1

• victims
• A person against whom an offence is committed by another person
• A person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property.

(s4 ‘victims’ (a)(i) and (ii) Victims’ Rights Act 2002)

Question 2

What are the 10 principles of investigative interviewing?

Answer 2

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.

Question 3

Witnesses that require ‘special consideration’ are?

Answer 3

• children
• the elderly
• intoxicated witnesses
• traumatised victims
• witnesses with intellectual disability or mental health conditions
• victims of family violence and sexual assault
• witnesses with communication difficulties, or with English as a second language.

Question 4

What does ADVOKATES stand for?

Answer 4

A - Amount of time under observation
D - Distance
V - Visibility
O - Obstruction
K - Known or seen before
A - Any reason to remember
T - Time lapse 
E - Error or material discrepancy 
S - Salience

Question 5

What are the ground for applying for witnesses to give ‘visually recorded evidence’?

Answer 5

• Nature of Proceedings
• Nature of evidence the witness is expected to give
• Relationship of the witness to any other party to the proceeding.

Question 6

Who is an appropriate support person?

Answer 6

An appropriate support person is someone who:

• Is an adult (of or over the age of 18 years)
• Is not a suspect or witness in the matter under investigation
• You believe will not attempt to pervert the course of justice
• Is available within a reasonable period of time (be flexible, it may be preferable to wait for someone the witness feels supported by).

** Only in exceptional circumstances should the support person also be a witness in the matter under investigation, i.e. a support person is required and no one else is available who can provide the witness with the support they require. In these circumstances interview the support person before interviewing the witness and explain they must not take part in the interview while acting as a support person.

Question 7

Factors to consider when deciding whether to apply for alternative evidence:

Answer 7

1. the criteria set down in s103 (including the views of the witness and whether they are aged under 18), and
2. whether the video will provide the best means of evidence.

• An alternative way of evidence application is required:

1. In a judge-alone trial, if you believe the video is the best evidence for such a hearing
2. Where a pre-trial oral evidence order has been made pursuant to s90 of the Criminal Procedure Act 2011, necessitating a hearing for the taking of the evidence of a particular witness, if you believe the video is the best evidence for such a hearing.

An application is not required for any hearing where the relevant witness is not required to give evidence.

That includes pre-trial hearings in jury trial matters, unless an oral evidence order has been made in respect of that witness for the purposes of the pre-trial hearing.

Question 8

Preparing a witness to give evidence:

Answer 8

To refresh the witness’s memory before giving evidence the O/C Investigation should arrange for the witness to view their visually recorded interview. Usually this should take place within a week of the oral hearing, but the timing will vary depending on the circumstances of the case.

Question 9

Who is a suspect?

Answer 9

‘Suspect’, in relation to an offence, means any person whom it is believed has or may have committed that offence, whether or not:
• that person has been charged with that offence; or
• there is good cause to suspect that person of having committed that offence.

Suspects are also witnesses to the offence who can potentially provide a detailed account that could be invaluable to your investigation.

Question 10

Who can Police question in relation to an offence?

Answer 10

“A member of the police investigating an offence may ask questions of any person from whom it is thought useful information may be obtained, whether or not that person is a suspect, but must not suggest that it is compulsory for the person questioned to answer.”

May ask questions of any person to assist with inquiries.
• Cannot compel a person to answer questions if they refuse or imply that they must answer your questions. The principle is absolute even if you are requesting a name and address. The only exception is when statute specifies an authority to do so (e.g. name, address and date of birth must be provided under section 113 of the Land Transport Act 1998 or a person can be arrested for failing to provide their name and address under section 39 of the Summary Offences Act 1981).

Question 11

When do you give BOR?

Answer 11

Whenever you have sufficient evidence to charge a person with an offence or whenever a member of the police seeks to question a person in custody, the person must be given the caution/rights before being invited to make a statement or answer questions.

Question 12

When should you repeat the BOR?

Answer 12

Repeat the caution/rights in these situations:
• if the advice was given before the suspect was arrested or detained, it must be repeated when the suspect is arrested or detained
• after a lengthy break in interview
• when interviewing them about an unrelated offence or the circumstances of the offence change.

Question 13

How does persistent questioning differ to cross-examination?

Answer 13

Persistent questioning aims at establishing further facts from answers already given. A suspect can be challenged if their account is not consistent with facts obtained during the course of the enquiry. Persistent questioning, however, must not be oppressive or overbearing. It is permissible to refuse to accept a suspect’s explanation or denials, particularly when they are inconsistent with the evidence.

Question 14

What does sufficient evidence to charge mean?

Answer 14

There is sufficient evidence to charge a person when Police have “sufficient evidence which, objectively considered would support a prima-facie case against the suspect” (R v Goodwin (1992) 9 CRNZ1).

Question 15

What does PEACE stand for when conducting suspect interviews?

Answer 15

P - Planning and preparation
E - Engage and explain
A - Account, probe, challenge
C - Closure
E - Evaluation

Question 16

what do you do if a suspect volunteers information unrelated to the offence which they are being interviewed for?

Answer 16

If a suspect volunteers information unrelated to the offence for which they are being interviewed:

• continue with the interview and advise them their information will be discussed later
• take care not to imply or infer that the information they’ve given, or may give, could have a bearing on the present interview. There must be no suggestion, implied or otherwise, that any promise or inducement has been held out to the suspect.

Once the original interview has been completed, the suspect is free to give any information they wish. You do not need to video record any conversation about information unrelated to the offence in respect of which they have been interviewed.

Question 17

When is a person in Corrections’ custody?

Answer 17

A person is in Department of Corrections’ custody when they are:
• in prison
• in custody at court
• in Police custody under warrant of imprisonment where the Police station is acting as a temporary jail
• in Police custody having been remanded in custody and en route to or from a Department of Corrections prison.