Part 10. Witness management Flashcards
What are some of the ways you might identify witnesses)
Viewing CCTV
Media releases & appeals
Area canvass
Interviews with victims/witnesses
Suspect interview
Anniversary appeals
Road check points
What 5 places are examples of locations that might lead to witnesses being identified
Place victim last seen alive
Place where initial contact of suspect took place
Place where victim was assaulted
Murder location
Body decomposition site
What “witnesses as a scene” refer to?
Some witnesses have been so proximate to events that it is likely evidence was transferred to them from the victim, suspect or the scene itself.
Conserved DNA fingerprints clothing footwear bodily fluids glass etc
On some occasions, it may be necessary to conduct a prompt prelim interview with a witness who has info that is likely to rapidly progress the investigation.
Care must be taken not to contaminate their recall. The Prelim should be….(3)
Conducted in accordance with the police manual
Limited to appropriate TEDS
Framed to elicit a brief account of the events witnessed
Before a formal interview is conducted, investigators must make an assessment of a witness to identify ….(4)
Whether the witness requires special consideration
Availability of the witness
Any needs for special assistance
The optimum approach to be taken with the witness
Section 105 of the Evidence Act 2006 provides alternative modes of giving evidence. What should police do if they identify a witness needing this?
Early liaison with the crown solicitor
So they have time to prepare applications etc
Section 105 of the Evidence Act 2006 provides alternative modes of giving evidence. What should police do if they identify a witness needing this?
Early liaison with the crown solicitor
So they have time to prepare applications etc
Appointing an interviewer:
Who should do an interview of an investigatively important adult?
Level 3 specialist adult witness interviewer (or accredited level 2 where no L3 available)
Appointing an interviewer:
Who should do the interview of witnesses in serious and complex crime investigations
Accredited Level 2 advanced interviewr
Who should do the interview of a child or intellectually impaired?
A forensic child interviewer
The witness interview plan normally covers? (5)
- time and location of interview
- amount of info to be disclosed to interviewer
- interview objectives
- support for the interview (monitor etc)
- structure of the interview (video? Audio? Written?
It is critical that key witness interviews are supervised to ensure ___________ and ________ are covered.
To ensure all key points and legal issues are covered
What is the responsibility of OC WITNESSES prior to court appearances?
Maintain contact, ensure they’ve been summonsed, and available
What is the responsibility of OC WITNESSES during court proceedings?
Ensure witnesses are fully briefed on their responsibilities and kept up to date
Be aware of any threats or intimidation toward witnesses and take action to protect witnesses
What is the responsibility of the OC WITNESSES regarding media interest of witnesses?
Need to advise the witnesses and family of the consequences of discussing evidence with journalists (jeopardising court proceedings)
When a witness is appearing in the high court, who pays for expenses?
MOJ
the OC WITNESSES should assist the witness to complete expense forms when at court so the payment can be made by the Registrar
What happens if a witness cannot give evidence for the prosecution without also incriminating themselves in a lesser offence? And the prosecution is unlikely to succeed without their evidence???
The crown solicitor should be consulted regarding immunity!
What should you do if a prosecution witness has been assessed as being in need of protection from threats/actual violence to them or their family?
If it’s serious threats to life, National Witness Protection Programme guidelines apply.
The OC INV should liaise with OC INV and Witpro
The witness may be entitled to anonymity
What about Alibi witnesses?
They should only be interviewed on the direction of the crown
If they’re identified during proceedings, the investigator should
- make enquiries to determine veracity
- conduct enquiries as directed by crown
- forward results including stx to crown
A child is defined in s4 of the Evidence Act 2006
How old does a child need to be to be a witness?
Any age!
How do you protect the identity of a CHIS witness?
Section 64 of the Evidence Act 2006 sets out provisions to retain anonymity
How do you protect the identity of a police undercover officer witness?
Section 108-109 of the Evidence Act 06 contains provisions for the protection of an officers identity
