Part 10 Witness management

Question 1

2. How should witnesses that have been so proximate to the events be treated?

Answer 1

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 fluids, glass or other material

Question 2

3. What is the benefit of a prompt preliminary interview?

Answer 2

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, ie information that may lead to

• early identification or arrest of a suspect
• recovery of evidence or information relevant of the offence
• prevention of the imminent disposal or destruction of evidence connected to the investigation
• prevention of the commission of other offences

Question 3

4. The preliminary witness interview should be what?

Answer 3

During preliminary witness interviews, care must be taken not to contaminate the witnesses recall of the events, as they will be formally interviewed at a later stage. The preliminary should be

• conducted in accordance with the police manual chapter
• limited to using appropriate open ‘teds’ questions
• framed to elicit a brief account of the events witnesses, including where and when the event is alleged to have taken place and who was involved or present

Question 4

5. The selection of an appropriate interviewer is an important first step in the development of a witness. What issues should be considered?

Answer 4

• the level of training of the interviewer
  
  • adult interviews investigatively important accredited level 3 interviewer
  • serious complex crime but not investigatively important level 2
  • child - child interviewer
• the experience the officer has in interviewing witnesses in major investigation and 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, promoting or offering inducements

Question 5

6. Why must a risk assessment be conducted?

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 info to police, ranging from fear of going to court, to life being at serious risk.

Question 6

7. What are the polices responsibilities to witnesses?

Answer 6

Witness intimidation - 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.
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
Refreshing memory - at court, request the witness refresh their memory by reading any previously signed statement or interview transcripts

Question 7

8. What must an investigator do if the crown receive notice of an alibi?

Answer 7

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 concerning a matter in respect of which proceedings have been commenced, 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 result of these enquiries to the crown solicitor, including any statements obtained

Question 8

1. What is important when having first contact with informants/witnesses?

Answer 8

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 9

9. In order to reduce the risk of evidence been lost due to a delay in getting to the scene what can be asked of the complainant/informant

Answer 9

• return to the proximity of the scene, and guard it, if it is considered safe for them to do so
• not to enter the obvious boundaries of the scene
• not to touch or move anything
• prevent others from entering or touching the scene
• await police arrival and identify themselves to the first police at the scene

Question 10

10. What is important to obtain when speaking to a witness/informant

Answer 10

It is essential that Their details are recorded fully and accurately and should include

• identity and location of the suspect
• a first hand account of what the complainant/informant knows
• precise details of the location of the scene
• circumstances leading to the discovery
• identity of the victim
• details of anyone else at the scene
• full contact details of the complainant/informant
• demeanour of the complainant/informant
• relationship of the complainant/informant, to the victim or suspect
• details of action the complainant/informant has taken and where they have been
• details of any hazards or safety issues that may affect police approaching the scene/victim