Part 10: Witness Management

Question 1

When appointing an officer to interview a witness to a serious offence what must you consider

Answer 1

The level of training of the interviewer:

‑ Interviews of adult witnesses who are considered investigatively important, should be
conducted by an accredited level 3 specialist adult witness interviewer, or an accredited level 2
advanced interviewer where no level 3 interviewer is available.

‑ Interviews of witnesses in serious and complex crime investigations, other than those
considered investigatively important, should be conducted by an accredited Level 2 advanced
interviewer.

‑ A forensic child interviewer should be utilised for any interview of a child or any person
suffering from an intellectual impairment. Refer the Police Manual chapters ‘Investigative
interviewing witness guide’, ‘Child protection investigation policy and procedures’ and ‘People
with mental impairments’

‑ the experience the officer has in interviewing witnesses in major investigations and any additional
skills the interviewer has which may be advantageous in the circumstances

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

• whether the witness requires special consideration
• any needs the witness has for special assistance
• availability of the witness
• the optimum approach to be taken with the witness.

Question 4

Witness Control

Ensure that witnesses do not:

Answer 4

• 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 5

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 5

• 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.

Question 6

Police have responsibilities to witnesses, if appointed O/C witness, what process should be conducted in regards to witness intimidation?

Answer 6

By maintaining contact with witnesses, Police will be more likely to become aware of any threats, intimidation or interference and can arrange for appropriate action to be taken; such as initiating the witness protection program.

Question 7

What three points should police, ask when a crown solicitor ask to make enquiries into alibi witnesses

Answer 7

‑ 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.