Part 10 - Witness Management

Question 1

The informant

Answer 1

Police who have first contact with the informant should be debriefed and a full record made of their account.

This record could become crucial if the informant is later identified as a suspect.

In some circumstances, consideration should be given to interviewing such officers as investigatively important witnesses

Question 2

Witness as a scene

What action must be taken prior to interviewing such witnesses?
What types of physical evidence may be present?

Must know

Answer 2

Some witnesses may have been so proximate to events that it is likely evidence was
transferred to the witness, from the victim, suspect or the scene itself.

Before a witness is interviewed, a plan must be prepared to preserve and recover all available physical evidence from the witness

Physical evidence includes:
- DNA
- fingerprints
- clothes
- footwear
- fibres
- body fluids
- glass

Question 3

Preliminary witness interview

Answer 3

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

Information that may lead to:
- early identification 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

Question 4

What issues should be considered in the selection of an interviewer?

Answer 4

• the level of training of the interviewer:
• the experience the officer has in interviewing witnesses in major investigations
• any additional skills the interviewer has which may be advantageous in the circumstances
• the suitability of the officer to undertake the interview. This should include a consideration of any welfare issues and whether any previous experience that the officer has with the witness is likely to either inhibit or encourage a rapport with the interviewee, or give rise to later challenges of coaching, prompting or offering inducements

Question 5

Risk assessment - Intimidation

Must know

Answer 5

A risk assessment must be conducted to establish the extent to which a witness might
be at risk of intimidation and/or physical harm.

Different forms of intimidation may result from a witness providing information to Police, ranging from fear of going to Court, to life being at serious risk.

Question 6

Explain the process relating to consultation with the Crown regarding witness considerations

Answer 6

Intelligence personnel may be tasked to contribute to the assessment and consultation should take place early between the OC Investigation and the Crown Solicitor where any witness is subject to intimidation and to manage witnesses in need of special consideration and who may need to give evidence in an alternative way

Question 7

How can Police become more aware of witness Intimidation?

Must know

Answer 7

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 8

Police responsibilities (OC Witnesses and 2IC Investigation) to witnesses

Answer 8

• Ensuring Court Attendance
• Court Proceedings
• Witness intimidation
• Witness order
• Witness media interest letters
• Witness Control

Question 9

Ensure that witnesses do not:

Answer 9

• 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 10

Refreshing memory in court

Answer 10

Request the witness refresh their memory by reading any previously signed statement(s) or interview transcript

Question 11

Alibi Witnesses

When the crown solicitor directs Police to interview alibi witness, what actions must Police take?

Must know

Answer 11

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, the investigator must:
* 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