Witness And Victim Statements Flashcards
When should you use ADVOKATE?
When completing your own or other witnesses statements
What form is a witness statement recorded in?
MG11
Where does a witness have to sign their statement?
Truth declaration and the end of every page
Can the back of the MG11 be disclosed to the defence?
No it has contact details etc
Where does the witness to the witness statement sign?
End of every page
What stated case does ADVOKATE stem from?
R v Turnbull 1977 (set out guidelines for identifying suspects)
What does ADVOKATE stand for?
Amount of time under observation
Distance
Visibility
Obstructions to view
Known or seen before
Any reason to remember them
Time lapsed since
Error or material discrepancy
How many parts does a witness / victim statement structure have?
Five
What is the five part structure to a witness / victim statement?
Introduction – Establishing who the witness is and what matter they are providing a statement about.
People – Identifying the people they will be talking about within the statement
Places - Introducing and describing places that are talked about in the statement
Chronological account of the event
Clarification – Clearing up any ambiguities, adding information not already captured and including the elements of the ADVOKATE acronym where they have not already been captured
What is the PEACE model?
A five step model for preparing, undertaking and evaluating suspect / witness / victim interviews
With regard to the interview process what does PEACE stand for?
Preparation and Planning;
Engage and Explain;
Account;
Closure; and
Evaluate
Explain each step of the PEACE interview model?
Preparation and Planning - create interview plan, specifics of interviewee (vulnerabilities, measures needed), practical arrangements (time, place etc),
Engage and Explain - build a rapport, demonstrate active listening, avoid jargon and explain the interview process
Account - clarify the account (we don’t challenge witnesses, we can challenge suspects). Allow free recall ‘tell me what happened’ then clarify more specific details
Closure - tell them what happens next, ask if they have any questions, witness support / care
Evaluate - open up new lines of enquiry, does the account corroborate or conflict with other evidence
Which part of the five part statement structure does ADVOKATE largely fall under?
Part 4 (account)
Which part of the five part statement structure would descriptions of people and objects come under?
Part 5 (descriptions)
Which part of the five part statement structure would descriptions of places under?
Part 3 (introduction and description of places)
