Part 10 - Witness Management

Question 1

What is a witness?

Answer 1

Answer:
A witness is any person who has information about an alleged offence or offender
A person who gives evidence and can be cross-examined in a proceeding

Question 2

What settings may witnesses be identified from?

Answer 2

Answer:
Viewing CCTV
Media releases and appeals
Area canvas
Interviews with victims and other witnesses
Suspect interviews
Anniversary appeals
Road checkpoints

Question 3

What areas might initial inquiries provide evidence from witnesses?

Answer 3

Answer:
Place with the victim was last seen alive
Place where initial contact with suspect took place
Place where victim was assaulted
Murder site
Body deposition site

Question 4

What is the purpose of conducting a preliminary interview with witnesses?

Answer 4

Answer:
PREVENTION of the commission of other offences
RECOVERY of evidence or information relevant to the offence
EARLY ID or arrest of a suspect
PREVENTION or limiting disposal or destruction of evidence connected to the offence

P. R. E. P

Question 5

During preliminary witness interviews, What care must be taken in the witness recall of events?

Answer 5

Answer:
Conducted in accordance with Witness Interviewing Guide
Limited to using appropriate TEDS questions
Elicit a brief account of events witnessed e.g. where, when, the event is alleged to have happened and persons involved

Question 6

When assessing the initial needs of a witness, What 4 points should be considered?

Hint:
S C. - A - . B A. - S A

Answer 6

Answer:
Whether the witness requires SPECIAL CONSIDERATION
AVAILABILITY of the witness
The BEST APPROACH to be taken with the witness
Any needs the witness has for SPECIAL ASSISTANCE

Question 7

What does section 105 of the evidence act 2006 provide for witnesses?

Answer 7

Answer:
It provides witnesses who require special consideration to give evidence in alternative ways e.g. from behind a screen, from an appropriate place outside the court room or giving evidence in chief by way of video recording

Early liaison with crown solicitor should happen to make applications to the court for evidence to be given in alternate way

Question 8

What issues should be considered for the selection of an appropriate interviewer?

Answer 8

Answer:
For adult witnesses who are considered investigatively important, interviews should be conducted by level three specialist adult witness interviewer or accredited level 2 advanced interviewer we are no level 3 interviewer is available

Interviews of witnesses in serious or complex crime investigations - should be conducted by credited level to advance interviewer

Forensic child interviewer should be utilized for any interview of a child or any person suffering from an intellectual impairment

Question 9

What does a witness interview plan cover?

Answer 9

Answer:
Time and location of the interview
Amount of information to be disclosed to the interviewee
Seeking interview objectives
Using an interview and monitor
The structure of the interview with that it will be recorded on video audio or written

Question 10

What are the police responsibilities of the Family Liaison Officer to the victims family?

Answer 10

Answer:
Maintaining contact. E.g. ensure victims Next of Kin are regularly updated with the progress of both the inquiry and court proceedings

Question 11

What are the police responsibilities of the OC Witness in court proceedings?

Hint:
C. I .B - N. O. W. - C. R .I. M. E

Answer 11

Answer:
COURT attendance. Ensure they are summoned and available to appear in court

INTIMIDATION of Witness. Maintain contact with witnesses so that police will be more likely to become aware of any threat or intimidation and can arrange for witness protection program

BRIEF witnesses fully as to their responsibilities in court Update regularly

NAME suppression arrangements. E.g. inform Crown to apply for a court order under section 202 of the criminal procedure at 2011. Victim’s views must be ascertained and conveyed to the judge

ORDER of Witnesses. E.g. Determining the order of the witnesses to coincide with the exhibits presented during the court proceedings

WELFARE and needs of witness must be considered throughout the investigation and court process

CONTROL witnesses. E.g. No contact or communication with jurors, No discussion of case in public, or with other witnesses

REFRESH memory of witness by reading any previously signed statements or interview transcripts

INTERPRETER issues. E.g. arranging for a suitably qualified interpreting service to be used

MEDIA Witness interest letters. Eg advising witnesses and victims family of potential risks and consequences of discussing evidence with journalists

EXPENSES. Where are the witnesses appearing in the high court fees and expenses are the responsibility of and paid for by the MOJ
OC witness should provide guidance and complete expense forms when at court

Question 12

What is the responsibility of the file manager for documentation in relation to the victim?

Hint:
B. C. R. VIS. VNR.

Answer 12

Answer:
The victim views e.g. BAIL opposition, CSV1, RECORD a victim contact, VICTIM impact statement (VIS), VICTIM Notification Register (VNR)

Special measures. E.g. consultation with crown solicitor required for witnesses identified as being in need of special consideration sections 103 and 105 of the evidence at 2006

Question 13

In relation to a witness requiring protection what does section 112 of the evidence 2006 and section 17 of the criminal disclosure act 2008 provide?

Answer 13

Answer:
Section 112 - EA 2006 of the evidence refers to witness anonymity in the high court
Section 17 - CDA 2008 refers to not disclosing where the witness lives

Question 14

Under section 17 of the Criminal Disclosure Act 2008 when can the address of a informant or witness be disclosed?

Answer 14

Answer:
The information may be disclosed to the defendant only by a Judges decision

Not granted unless Judge is:-

Satisfied that the disclosure of the information is necessary in the interest of justice AND

Outweighs any prejudice to the witness or informants interests OR

Any harm to the witness or informant that it’s likely to be caused by the disclosure of the information

Question 15

What 4 actions must the investigator do in relation to any alibi witnesses?

Answer 15

Answer:
Make inquiries to determine the veracity of the alibi

Conduct inquiries as directed by the OC investigation and Crown solicitor

Perform NIA checks on witness

Forward the results of these inquiries to the crown solicitor including any statements obtained

Question 16

Under section 22 of the criminal disclosure act 2008 what must the defense do in regards to an alibi witness?

Answer 16

Answer:
If the defendant intends to adduce evidence in support of an alibi the defendant must give written notice to the prosecutor of the particulars of the alibi

Question 17

Under section 4 of the Evidence Act 2006 how is the child defined?

Answer 17

Answer:

Means a person under the age of 18 years. A child of any age can be interviewed or called as a witness

Question 18

Where a CHIS or covert human intelligence source is called to give evidence as a prosecution witness at court proceedings s64 of the Evidence Act 2006 sets out provisions for the witness. What does this cover?

Answer 18

Answer:
An informer has a privilege in respect of information that would disclose or is likely to disclose the informers identity

Question 19

How is an informant defined according to the act?

Answer 19

Answer:
A person is an informant for the purposes of the section if the person;
Has supplied gratuitously or for reward information to an enforcement agency concerning the possible or actual commission of an offense in which the person has a reasonable expectation that has all her identity will not be disclosed and
Is not called as a witness for the prosecution to give evidence relating to that information

The informer maybe a member of the Police working undercover

Question 20

What section under Evidence Act 2006 allows for the prosecution to apply for protection of the officers true identity?

Answer 20

Answer:

Sections 108 and 109

Question 21

In generalised terms What does s108 and s109 of the Evidence relate to?

Answer 21

Answer:
Section 108 is the intention to call a n undercover police officer as a witness for the prosecution

Offences where life or term of imprisonment is at least 7 years or MODA cases where life or term of at least 5 years

Certificate from Commissioner of Police stating credibility of witness and that the period in the certificate that the U/C was a member of police and acted as a U/C officer

That the U/C witness has not been convicted of any offence or guilty of any breach of the Code of Conduct under s20 of the Policing Act 2008.

Under s109 refers to the undercover officer being named in the certificate as the name as known when acting undercover.

Only Judge can give leave to have the witnesses identify given otherwise no lawyer or officer of the court or other person in the proceeding may state the name or address of the witness.