Pt10 WITNESS MANAGEMENT Flashcards
What is a witness?
Any person who has information about the offence or offender.
Why might a police officer be interviewed after they have interviewed the IMFORMANT?
This may occur if the informant is believed to be the SUSPECT. Details about the initial interview may become crucial later on.
What are some methods that could be employed to find POTENTIAL WITNESSES:
(1) Viewing CCTV
(2) MEDIA releases
(3) INTERVIEWS with victims, witnesses and suspects
(4) ANNIVERSARY appeals
(5) Road CHECK POINTS
If a witness is to be treated as a scene, list some examples of evidence that may be taken from them:
(1) FOOTPRINTS
(2) FIBRES
(3) GLASS
(4) DNA
(5) CLOTHES
(6) BODY FLUIDS
What interviewing technique can be used to avoid CONTAMINATING the witnesses MEMORY:
Open ended questions: TEDS
List 2 things that should be considered in the INITIAL WITNESS ASSESSMENT:
(1) any SPECIAL NEEDS or ASSISTANCE
(2) OPTIMUM APPROACH to be taken with the witness
Evidence Act 2006, Section 105.
If it is determined that the witness will need to give evidence in an alternative way, what must be done?
The Crown Solicitor needs to be notified right away so they can make application through the court.
Adults witnesses who are INVESTIGATIVELY IMPORTANT, should be interviewed by?
A LEVEL 3 interviewer
List 4 things the WITNESS interview plan normally covers:
(1) TIME and LOCATION of the interview
(2) AMOUNT of INFORMATION disclosed to the interviewer
(3) MONITOR
(4) OBJECTIVES
(5) STRUCTURE
List 4 sources that may provide SUPPORT to witnesses:
(1) unconnected THIRD PARTY
(2) FAMILY
(3) FRIENDS
(4) VICTIM SUPPORT
List 4 police areas of responsibility regarding witnesses:
(1) FLO
(2) WELFARE
(3) SUMMONS
(4) BEIEFING
(5) Evidence by SPECIAL MEANS
(6) VICTIM IMPACT STATEMENT
(7) VICTIM NOTIFICSTION REGISTER
A witness who doesn’t provide a statement to police may still be called by the defence to give evidence. What should police do when encountering witnesses who don’t make a formal statement?
Record EVERYTHING.
Every detail about what the witness says, does, acts, etc.
This information can be used in cross-examination.
Eg. A witness tells police they didn’t see anything. Later they take the stand for the defence and recount what they saw. A police job sheet or notebook noting the witnesses comments at the time can be used as a challenge.
Why might the Crown Solicitor seek authority from the SOLICITOR GENERAL to grant IMMUNITY to a witness?
If the witnesses evidence is crucial to the case yet incriminates them on lesser offending, then immunity may be sought.
What can be used to protect qualifying witnesses?
National Witness Protection Programme
ALIBI WITNESS must only be interviewed under the direction of whom?
Crown Solictor
Under what age is a person considered to be a CHILD witness?
18
What is the minimum age for a child to be eligible to give evidence?
There is no minimum
Can CHIS give evidence in court. If so, how is this achieved?
Yes, they are called as an INFORMER and retain anonymity.
