Lecture 6 Policing Victims and Witnesses Flashcards
What is the simple definition of a Victim?
“person harmed by crime, tort or other wrong”
What is the simple definition of witness?
“One who sees, knows or vouches for something. One who gives testimony under oath or affirmation, in person, by oral or written deposition or by affidavit”
How would you identify witnesses using a Witness Identification Strategy?
- Viewing CCTV
- Media Appeals
- House to house enquires
- Interviews with victims and suspects
- Suspect interviews
- Financial investigation
- Open Source internet search tools
- Social Media
- Anniversary appeals
- Intelligence sources
- Forensic
What are the outcomes for Fast Track Witness Interviews?
- The early identification or arrest of a suspect
- The recovery of material connected with the offence
- Prevention of the imminent disposal or destruction of material connected with the investigation
- Prevention of the commission of other offences
What is the difference between Credibility and Reliability?
Credibility has to do with witnesses’ truthfulness
Whereas…
Reliability has to do with the accuracy of the witness’s testimony
What 6 factors that can affect the credibility and reliability of witnesses?
Youth
Young age can affect the persons ability to perceive and report events that they witness. The very young may not have the experience to actually recognise what they have seen. They may be hampered by a limited vocabulary.
Old Age
The elderly witness often has the experience and vocabulary to report what they have observed. However, they may be slow in gathering their thoughts and giving their answer.
Intelligence
Generally, the accuracy of the information is greater with the more intelligent person. The more intelligent the person, the greater their ability to process and understand events they have witnessed. It also maybe that their are better liars.
Mental state
The mental state of a person can affect their perception of events and cause them to exaggerate, embellish or create fictious information when reporting. Different psychological diseases have different effects on people. It may distort their perception of reality or cause them to see people or hear voices.
Relationship to People Involved
People will often lie, add or omit information based on their relationship with the parties involved.
Background Characteristics
A person’s background may influence whether they will cooperate with the investigator and affect the testimony the person gives. People who have positive experiences with law enforcement will be more forthcoming in their information and those with bad experiences will be more reluctant to come forward
Attending court as a witness under Section 53(1) Youth Justice and Criminal Evidence Act 1999?
All persons are competent to give evidence at any stage of the trial unless ;
- They don’t understand the questions put to them and
- They can’t give answers to those questions which can be understood.
Can a person be forced to give evidence?
A person can be compelled to attend and give evidence if they have been deemed competent to do so. The exceptions to this rule are the accused themselves, the accused’s spouse or civil partner and those not deemed competent to give evidence.
Accused’s spouse or civil partner can be compelled to give evidence against them if the accused is being tried for?
- Involves an assault or threat of injury to the spouse
- Involves an assault on or threat of injury to an individual under the age of 16.
- Is a sexual offence on an individual under the age of 16
- Involves attempting or conspiring to commit or of assisting, instructing appropriating or encouraging the commission of any of the aforementioned offences
Anonymity is only available when?
- a qualifying offence has been committed (murder or manslaughter where the death was caused by being shot with a firearm or injured with a knife);
- the person likely to have committed the offence was at least 11, but under 30 years old when the offence was committed;
- the person likely to have committed the offence is a member of a group engaging in criminal activity and most of its members are at least 11, but under 30 years old; and
- the witness has reasonable grounds to fear intimidation or harm if they were identified as assisting the investigation
What is Witness Protection as defined within the Serious Organised Crime and Police Act 2005?
Generally directed to those persons who have provided crucial evidence and against whom there is a substantial threat.
What are the Family Liaison Roles?
- Family Liaison Officer
- Family Liaison Coordinator
- Family Liaison Advisor
Name as many Key Roles as you can of a Family Liaison Officer?
- Establish and maintain a supportive and ethical relationship with the family, building trust.
- Act as a single point of contact between families and investigation teams. To enable information to be shared which may assist in the investigation.
- Collect best evidence to enable identification of a missing person or identify the deceased and consider potential future viewing requirements.
- Provide information regarding additional services available for families, including signposting to support agencies.
- Explain the Criminal Justice and Coronial procedures, so that they can access all available services and support.
- Update families in a timely manner with all relevant information regarding a police investigation in line with the SIO, (Senior Investigating Officer) SIM (Senior Identification Manager )
- Obtain victimology and family personal statement and any other material to enable the gathering of evidence and to support the investigative process.
- Document any requests and/or complaints made by the family
- Record all contact with the family to ensure compliance with the Criminal Procedures and Investigations Act (CPIA) to maintain the integrity of the investigation.
- Liaise between families and the Coroner, SIO, and SIM in relation to requirements under the Human Tissue Act 2004.
What is MASH?
The MULTI AGENCY SAFEGUARDING HUB (MASH) brings together key professionals together to facilitate early , better quality information sharing, analysis and decision-making , to safeguard vulnerable children and young people more effectively.
What is the Initial MASH response to contacts?
A police officer may refer a victim to the MASH unit and the Mash officer will carry out and record the following:
- Establish if a child needs emergency medical attention and, if this has not already been sought, it must be arranged immediately;
- Establish if parents/caregivers have been informed;
- Discuss the role of the referrer in any further child welfare enquiries and/or Police investigation
