Part 10 - Witness Management Flashcards
What is a witness?
Any person who has information about an alleged offence or offender
What are some methods for identifying witnesses?
(1) Viewing CCTV
(2) Media releases and appeals
(3) Area canvass
(4) Interviews with victims / other witnesses
(5) Suspect interviews
(6) Road check points
Where might initial enquiries be confined to?
(1) Place the victim was last seen alive
(2) Place where initial contact with suspect took place
(3) Place where victim was assaulted
(4) Murder site
(5) Body deposition site
What action should be taken where a witness becomes a scene?
Before interviewed, a plan must be prepared to preserve and recover all available physical evidence from the witness i.e. DNA, fingerprints, clothes, footwear, fibres, bodily fluids, other material
What action should be taken where a witness has made a recording? (audio/photograph/video)
(1) Obtain informed consent from the witness to hand over the device so the recording can be safely downloaded
(2) Where the recording device is not immediately available, advise witness to retain the recordings and make arrangements for a suitably qualified technician to visit the witness and download the material
(3) Where consent is refused, consider your warrantless powers or an application for a search warrant
What may a preliminary interview lead to?
(1) Early ID of suspect or arrest
(2) Recovery of evidence or relevant information
(3) Prevention of CADD of evidence
(4) Prevention of commission of other offences
What does a preliminary interview involve?
(1) TEDS questions
(2) A brief account of the events witnessed (where, when, who)
Considerations for conducting witness interviews
(1) Whether due to personal characteristics or circumstances of offending the witness requires special consideration
(2) Availability of the witness
(3) Any needs for special assistance
(4) The optimum approach to be taken
Special consideration witnesses
Section 105 Evidence Act 2006 provides alternative ways for witnesses who require special consideration to give evidence e.g. behind a screen, outside the courtroom, giving evidence in chief by way of video recordings
How to select an appropriate interviewer
(1) Level of training
(2) Experience of the officer and any additional skills they have
(3) Suitability of the officer - consideration if any welfare issues, previous experience with the witness that give rise to later challenges (i.e. suggestion of coaching, prompting, offering inducements)
Adult witnesses who are considered investigatively important = Level 3 specialist adult witness interviewer (or Level 2 advanced, if L3 not available)
Witnesses in serious/complex crime investigations = L2 advanced interviewer
Child / intellectually impaired = forensic child interviewer
What does an interview plan cover?
(1) Time and location of interview
(2) Amount of information to be disclosed
(3) Setting interview objectives
(4) Supporting the interview i.e. monitor
(5) Structure of the interview (video or written)
What issues should be assessed in the debrief phase?
(1) Debriefing the interviewer
(2) Identifying any need for supplementary interviews
(3) Assessment of any risk to witness (ensuring ongoing support and safety)
How can you support a witness?
(1) Explain court procedures
(2) Provide verbal reassurance
(3) Keep witness fully informed of what is expected of them, and the dates/times that they are required
(4) Additional support from family, friends or dedicated agencies
What is the role of FLO with maintaining contact with witnesses?
Keep witnesses regularly updated of progress of the enquiry and court proceedings
What is the role of OC Witnesses / 2IC involving witnesses? (10)
(1) Ensuring court attendance - maintain contact, summons, availability
(2) Court proceedings - Fully briefed of responsibilities, kept up to date
(3) Witness intimidation - become aware of threats/intimidation through maintaining contact
(4) Witness order - OC Exhibits to give evidence first, witnesses to refer to exhibits
(5) Witness media interest - advise of potential consequences of engaging with media
(6) Interpreter issues - ensure suitability qualified
(7) Welfare issues - provided name and contact details of 2IC, welfare considered throughout
(8) Witness control - ensure witnesses do not contact jurors, discuss case in public while waiting to give evidence, discuss case with witness waiting after giving evidence
(9) Refreshing memory - refresh memory by reading statement / transcript
(10) Arrange name suppression - advise 2IC if name suppression sought, request court order
What is the role of OC Witness / OC Investigation involving witnesses?
Expenses.
Where appearing in High Court - arrange for completion of witness expense forms.
In other cases where Police will meet certain costs - arrange payments
What is the role of File Manager involving witnesses?
(1) Victim views - views taken into consideration. Victim contacts, VIS, CSVR, views on bail, VNR
(2) Special measures - special consideration witnesses, make necessary arrangements with Court
In what circumstance would witness immunity be considered?
Where a witness cannot give evidence for the prosecution without also incriminating themselves in a lesser offence, and the prosecution case is unlikely to succeed or there is a risk it will be significantly weakened without the evidence from that witness
What is the general rule in regards to Alibi witness statements?
Must only be interviewed under the direction of the Crown Solicitor. If requested to do so, investigator must:
(1) Make enquiries to determine the veracity of the alibi
(2) Conduct inquiries on the Alibi witness (when directed by OC and Crown Solicitor)
(3) Forward results of enquiries to Crown Solicitor
What provisions are Undercover Police Officers protected under?
Section 108 and 109 of the Evidence Act 2006
