Witness and Suspect Interviewing Flashcards
Define a Witness
‘A person who sees an event, typically a crime or accident take place’
Describe the history of the PEACE model
The home officer decision that the police service should have a national single model of investigative interviewing that:
- Was not focused on obtaining confessions from suspects
- Increased the potential of witness interviewing
Describe the PEACE Model
P - Planning and preparation - Create and record interview
- Introduction and rapport
E - Engage and explain
- PACE requirements
- Reasons and routines
- Opening
- Take and develop account
A - Account clarification and challenge
- Review
- Clarification/challenge
- Probe topic
- Introduce investigator topics
C - Closure
E - Evaluation
- Evaluate information, investigation, and interviewer
Explain what happens in the planning and preparation stage of the PEACE Model?
During this stage you are planning and preparing for meeting your witness for the first time. This is one of the most important phases in effective interviewing. The success of the interview and consequently, the investigation could depend on it.
List the individual characteristics which should be taken into account when witness interviewing
- Age
- Cultural background
- Religion of belief
- Domestic circumstances
- Physical and mental health
- Disability
- Previous contact with the police
- Gender
Explain ‘GRRR’
G - Greetings - how would you like to be treated?
R - Reasons - Why the interview is taking place
R - Routine - Routine of the interview
R - Route Map - Process of the interview
List what you would do in the account stage
- Active listening
- Questioning
Explain the Cone System
Opening question - Start with an opening question - tell me about, describe, explain etc.
Probing question - Continuing with probing questions - Who? What? When? Where? Why? How?
Closed question - Do you?, Is it true that? Would you say that? etc
List how you would show effective listening?
- Guggling
- Nodding
- ‘Yes’
- ‘Go on’
- ‘Mmm’
- ‘Ah ha’
Explain inappropriate questions when interviewing a witness
Forced Choice - Do you want a coffee?
Multiple - Was there another vehicle and which way did it go?
Complex - You said that you’ve never been there before but i think that you did go there, and that you said you’ve never been there because you know the place was unsafe isn’t that so?
Misleading - The distinction between leading and misleading questions concerns the nature of the implied response. The first leads to a correct response, the second leads to an incorrect response
What is PLAT?
People
Location
Action
Time
Describe wny interviewers need to know about memory?
- To understand memory is fragile
- Memory can be influenced by the interviewer
- Interviewee’s can be assisted to remember
List what affect ability to recall
- Ineffective encoding
- Interference
- Fading
- Motivated forgetting
- Physical injury/trauma
- Organic causes
List who can support a witness/victim
- Does not have to be a relative
- Cannot be associated or linked to the case
- Can be social services
- Witness support will counter sign the statement
- Will assist with communication and understanding however, this needs to be monitored by the interviewer as they are not able to answer or speak for the witness
Describe Victim’s code and special measures
- To be able to understand and be understood
- To have the details of the crime recorded without unjustified delay
- To be provided with information when reporting a crime
- To be referred to service that support victims and have services and support tailored to your needs
- To be provided with information about compensation
- To be provided with information about the investigation and prosecution
- To make a VPS
- To be given information about the trial, trial process and your role as a witness
- To be given information about the outcome of the case and any appeals
- To be paid expenses and have property returned
- To be given information about the offender following a conviction
- To make a complaint about your rights not being met
Define Section 53 Youth Justice and Criminal Evidence Act 1999
A person is not competent to give evidence in criminal proceeding if it appears to the court that he is not a person who is able to:
a) Understand questions put to him as a witness; and
b) Give answers to them which can be understood
List special measures for witnesses and victims
- Screens
- Giving evidence via live link
- Giving evidence in private
- Removal of gowns and wigs
- Video recorded evidence in chief
- Pre-recorded cross examination
List special measures for vulnerable witnesses only
- Aids to communication
- Giving evidence through intermediary
Who gets special measures?
- Must be a witness defined in Section 16 (vulnerable) and Section 17 (intimidated)
- Will the special measures improve the quality of the witnesses evidence
- Which ones are most likely to maximise the quality of the witness’s evidence
Describe a Significant Witness
Significant witnesses sometimes referred to as ‘key’ witnesses are those who:
- Have/claim to have witnessed visually or otherwise, an indictable offence, part of such an offence or events closely connected with (including any incriminating comments made by the suspected offender either before or after the offence)
- And/or have a particular relationship to the victim or have a central position into an investigation into an indictable offence
- Usually only indictable offences but you can designate as significant in any other serious case where it might be helpful
Define a Suspect
A person thought to be guilty of a crime or offence
List physical and emotional condition of the suspect
- Presence and potential impact of drugs and/or alcohol
- Presence and potential impact of injuries or illness
- Requirement for medical assessment for fitness for detention and interview
- Current behavioural/emotional state of the suspect
Define an Appropriate Adult
AA’s are called to the police station as an important safeguard, providing independent support to detainee’s who are:
Aged 18 or under or
Maybe mentally disordered/vulnerable
They are not simply an observer. Their role is to assist the detainee to ensure that they understand what is happening at the police station during the interview and investigate stages. In particular they should:
- Support, advise and assist the detainee
- Ensure that the police act fairly and respect the rights of the detainee
- Help communication between the detainee, the police and others
Their role is NOT to provide the detainee with legal advice
What do Legal Advisers do?
Challenge - The legal basis of police action
Advise - Their client not to assist prosecution case
Rigorously - Explore alternative outcomes to charging
Attempt to persuade - Investigators that their client is not responsible
What is a Special Warning?
Section 36 of the criminal justice and public order act 1994 put an onus on a suspect to account for objects, marks or substances found on him at the time of arrest.
Section 37 of the criminal justice and public order act 1994 puts the onus on a suspect to account for their presence is suspicious circumstances at the time of arrest
AND
The suspect has either refused to give an explanation or not supplied a satisfactory explanation for either of these factors - At any future trial the court may be made aware of this failure or refusal and may draw conclusions which not be helpful for their defence
Define Section 36 criminal justice and public order act 1994
Arrested by a constable AND on his person OR in or on his clothing OR otherwise in his possession OR at the place where he was arrest ANY object OR mark OR mark on an object OR substance AND fails or refuses to answer satisfactorily
Define section 37 Criminal justice and public order act 1994
A person is arrested by a constable AND was found by him at a place at or about the time the alleged offence was committed AND he fails or refuses to answer satisfactorily to account for his presence
Define ‘Bad Character’
- Evidence of or disposition towards misconduct
- Misconduct
- The commission of an offence or other reprehensible conduct
List what bad character conduct a suspect could have
- Previous convictions
- Previous cautions and TIC’s
- Evidence of conduct from a previous case including acquittals and use of same defence
- Evidence relating to other offence awaiting trial
