Part 10. Witness management

Question 1

What are some of the ways you might identify witnesses)

Answer 1

Viewing CCTV
Media releases & appeals
Area canvass
Interviews with victims/witnesses
Suspect interview
Anniversary appeals
Road check points

Question 2

What 5 places are examples of locations that might lead to witnesses being identified

Answer 2

Place victim last seen alive
Place where initial contact of suspect took place
Place where victim was assaulted
Murder location
Body decomposition site

Question 3

What “witnesses as a scene” refer to?

Answer 3

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

Question 4

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)

Answer 4

Conducted in accordance with the police manual

Limited to appropriate TEDS

Framed to elicit a brief account of the events witnessed

Question 5

Before a formal interview is conducted, investigators must make an assessment of a witness to identify ….(4)

Answer 5

Whether the witness requires special consideration

Availability of the witness

Any needs for special assistance

The optimum approach to be taken with the witness

Question 6

Section 105 of the Evidence Act 2006 provides alternative modes of giving evidence. What should police do if they identify a witness needing this?

Answer 6

Early liaison with the crown solicitor
So they have time to prepare applications etc

Question 7

Section 105 of the Evidence Act 2006 provides alternative modes of giving evidence. What should police do if they identify a witness needing this?

Answer 7

Early liaison with the crown solicitor
So they have time to prepare applications etc

Question 8

Appointing an interviewer:

Who should do an interview of an investigatively important adult?

Answer 8

Level 3 specialist adult witness interviewer (or accredited level 2 where no L3 available)

Question 9

Appointing an interviewer:

Who should do the interview of witnesses in serious and complex crime investigations

Answer 9

Accredited Level 2 advanced interviewr

Question 10

Who should do the interview of a child or intellectually impaired?

Answer 10

A forensic child interviewer

Question 11

The witness interview plan normally covers? (5)

Answer 11

• 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?

Question 12

It is critical that key witness interviews are supervised to ensure ___________ and ________ are covered.

Answer 12

To ensure all key points and legal issues are covered

Question 13

What is the responsibility of OC WITNESSES prior to court appearances?

Answer 13

Maintain contact, ensure they’ve been summonsed, and available

Question 14

What is the responsibility of OC WITNESSES during court proceedings?

Answer 14

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

Question 15

What is the responsibility of the OC WITNESSES regarding media interest of witnesses?

Answer 15

Need to advise the witnesses and family of the consequences of discussing evidence with journalists (jeopardising court proceedings)

Question 16

When a witness is appearing in the high court, who pays for expenses?

Answer 16

MOJ
the OC WITNESSES should assist the witness to complete expense forms when at court so the payment can be made by the Registrar

Question 17

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???

Answer 17

The crown solicitor should be consulted regarding immunity!

Question 18

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?

Answer 18

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

Question 19

What about Alibi witnesses?

Answer 19

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

Question 20

A child is defined in s4 of the Evidence Act 2006

How old does a child need to be to be a witness?

Answer 20

Any age!

Question 21

How do you protect the identity of a CHIS witness?

Answer 21

Section 64 of the Evidence Act 2006 sets out provisions to retain anonymity

Question 22

How do you protect the identity of a police undercover officer witness?

Answer 22

Section 108-109 of the Evidence Act 06 contains provisions for the protection of an officers identity