Part 10 - Witness Management Flashcards
Identifying and locating witnesses - Locating other witnesses
Relevant communities should be considered: cultural, religious, sporting, occupational, clubs, associations or societies. OC Investigation should consider directing resources toward ID-ing witnesses within these communities by:
- viewing CCTV
- media releases and appearls
- area canvass
- interviews with victims and other witnesses
- suspect interviews
- anniversary appeals
- road check points
Initial enquiries might be confined to certain areas, such as within line of sight and earshot of these locations:
- place where the victim was last seen alive
- place where initial contact with suspect took place
- place where victim was assaulted
- murder site
- body deposition site
Consideration may also be given to:
- initiating a witness search along the possible access and escape routes from each scene
- making enquiries at significant geographical locations proximate to the scene
Identifying and locating witnesses - Witness as a scene
Some witnesses may have been so proximate to events that it is likely evidence was transferred to the witness, from the victim, suspect, or from the scene itself. Before a witness is interviewed, a plan must be prepared to preserve and recover all available physical evidence from the witness including DNA, fingerprints, clothes, footwear, fibres, body fuilds, glass or other material.
Interviewing witnesses - Preliminary witness interviews
It may be necessary to conduct a prompt, preliminary interview with a witness who possesses information or material that is liekly to rapidly progress the investigation, i.e. information that may lead to:
- early ID or arrest of a suspect
- recovery of evidence or information relevant to the offence
- prevention of the imminent disposal or destruction of evidence connected to the investigation
- prevention of the commission of other offences
During prelims, care must be taken not to contaminate the witness’s recall of the events as they will be formally interviewed at a later stage. The prelim should be:
- conducted in accordance with the “Investigative Interviewing Witness Guide”
- limited to appropriate open ‘TEDS’ questions to establish sufficient information to immediately progress the enquiry
- framed to elicit a brief account of the events witnessed, including where, when, who
Interviewing witnesses - Initial witness assessment
Before any formal interview is conducted the investigator must make an assessment of the witness. The assessment should consider how the interview should be conducted and enable the investigation team to identify:
- whether due to the personal characteristics of the witness or the circumstances of the offending, the witness requires special consideration
- availablility of the witness
- any needs the witness has for special assistance
- the optimum approach to be taken with the witness
Interviewing witnesses - Appointment of an interviewer
Selection of an appropriate interviewer is an important first step. Issues to be considered:
- level of training of the interviewer
* - interviews of adult witnesses who are investigatively important should be conducted by a level 3 specialist adult witness interviewer
* - interviews of witnesses in serious and complex cime investigations should be conducted by a level 2 advanced interviewer
* - forensic child interviewer should be utilised for any interview of a child or any person suffering from an intellectual impairment
- the experience of the officer has in interviewing witnesses in may investigations and any additional skill the interviewer has which may be advantageous in the cirucumstances
- the suitablility of the officer to undertake the interview, should include a consideration of any welfare issues and whether any previus expreince of the officer with the witness likely to inhibit or encourage a rapport
Police responsibilities to witnesses
FLO - Maintainting contact
Ensure victim’s NOK are regularly updated of progress of enquiry and Court proceedings
OC Witnesses & 2IC - Ensuring Court Attendance
Maintain contact with all prosecution witnesses, ensuring summonsed & available
OC Witnesses & 2IC - Court Proceedings
Ensure witnesses are full briefed as to their responsibilities and are updated
OC Witnesses & 2IC - Witness intimidation
By maintaining contact Polie will be more likely to be aware of threats, intimidation or interference and can arrange for appropriate action
OC Witnesses & 2IC - Witness order
For sake of simplicity it is advisable OC Exhibits gives evidence first and produces all exhibits including photographs. Enables all following witnesses to refer to exhibits
OC Witnesses & 2IC - Witness media interest letters
Consider advising witnesses and victim’s family of potential consequences of discussing evidence with journalists
OC Witnesses & 2IC - Interpreter Issues
Ensure any interpreting service used is suitably qualified
OC Witnesses & 2IC - Welfare Issues
Witnesses should be provided with name and contact details of 2IC Investigation. Welare and needs of witnesses must be considered throughout
OC Witnesses & 2IC - Witness control
Ensure that witnesses do not:
- 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
OC Witnesses & 2IC - Refreshing memory
Request witness refresh their memory by reading previously signed statements or interview transcripts
OC Witnesses & 2IC - Arrange name suppression
Advise 2IC Investigation of witnesses/victims/persons connected seeking name suppression
OC Witnesses & OC Investigation - Expenses
Witnesses appearing in High Court fees and expenses are responsibility of MoJ. OC Witnesses should assist and provide guidance for expense forms. In certain situations Police will meet certain costs
File Manager - Victim views
Appropriate file documents must be completed to ensure views are taken into consideration, including:
- POL1060 - Record of victim contact
- POL392 - VIS
- CSV1 - Court Services Victim Referral
- POL128 - OTB (where grounds exist)
- POL1065 - Victim request to be notified
File Manager & 2IC Investigation - Special measures
Early consultation with Crown Solicitor regarding witnesses in need of special consideration
Types of witnesses - Witnesses who decline to be interviewed
Promptly bring to the attention of OC Investigation details of witnesses who have been spoken to but declined to be interviewed. Outline the details of information the witness provided and copies of notes made. Record must be made of all information provided as may become crucial if later called as defence witness.
Types of witnesses - Reluctant/unco-operative witnesses
Persons who are believed to have witnessed an offence, part of an offence or events closely connected with an offence may be reluctant to become involved for a number of reasons. Seek advice from OC Investigation.
In rare cases the Crown Solicitor may consider seeking authority from Solicitor General to give immunity from prosecution.
Types of witnesses - Witnesses requiring protection
If a witness is accessed as being in need of protection from threats and/or actual violence OC Investigation must carefuly and quickly consider options.
Where necessary protectio may need to be afforded. If serious threat to life then deal with in accordance with National Witness Protection Programme guidleines.
The witness may be entitiled to anonymity which can be obtained by application or oder from the Judge.
Types of witnesses - Alibi witness
Alibi wintesses notified under Criminal Disclosure At 2008, Section 22 must only be interviewed under direction of Crown Solicitor. Investigator must:
- make enquiries to determine the veracity of the alibi
- conduct inquiries as directed by OC Investigation and Crown Solicitor including NIA checks on the alibi witness
- forward results to the Crown Solicitor including statements obtained
