Part 10 - Witness Management Flashcards
What should happen with police who have had first contact with an informant do
They 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.
Witnesses as scenes. What should be done if the witness has evidence on them
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.
On some occasions it may be necessary to conduct a prompt preliminary interview with a witness, what information may it lead to
- early ID or arrest of a suspect
- recovery of evidence or info relevant to the offence
- prevention of imminent disposal or destruction of evidence connected to the investigation
- prevention on the commission of other offences
PERP
What issues should be considered when an interviewer is appointed
The level of training of the interviewer
The experience of the officer in interviewing witnesses in major investigations
The suitability of the officer to undertake the interview, any welfare issues and whether any previous experience that the officer has worth the witness is likely to inhibit or encourage a rapport with the interviewee
What risk assessments should be made of a witness
The extent to which a witness might be at risk of intimidations and or physical harm.
At court what must you ensure the witness does not do
- 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
What can a witness do to refresh their memory
Read any previously signed statement or interview transcript
What should be done if a witness declines to be interviewed
Bring to the attention of OC investigation the details of any witness who has been spoken to but who has declined to be interviewed.
Outline the details of any information the witness has provided and copies of notes made.
A record must be made of all the info provided by the witness as this may become crucial if the witness is later called as a witness for the defence
Alibi witnesses- what must the investigator do
Alibi witness notified under S.22 of the criminal disclosure act 2008 must only be interviewed under the direction of the Crown.
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 including any statements obtained
MCF
- Section 105 - Evidence Act 2006.
Provides for witnesses who require special consideration to give evidence in alternative ways i.e. behind screens, via video link, or video recording. Where this is believed to be beneficial to the witness early liaison with the Crown solicitor should occur to ensure the relevant applications can be made.
