Witness Interviewing Flashcards
Who is a witness?
A witness is a person, other than a defendant, who is likely to give evidence in court. all victims are also witnesses and should be treated as such.
Categories of witness
Significant witness (key witness) and Non-key witness, Reluctant witness and Hostile witness
Significant witness is someone who has witnessed an indictable offence.
Interview approaches
-Written statement
-Telephone/Zoom/Team
-Video interview of intimidated/vulnerable victims and witnesses
-ABE Suite
Special category witnesses
Vulnerable witness and intimidated witnesses should be considered for special measures.
Vulnerable - Under 18 or if the quality of evidence given is likely to be diminished by mental disorder or significant impairment to intellectual or social functions or physical disability/disorder.
Expert Witnesses
These are individuals who are able to provide the court with a statement of opinion on any admissible matter if they are qualified for that opinion.
PACE Code C
Suspects require appropriate adults, but witnesses do not legally need an appropriate adult.
Open Question starters
Who, What, Where, When, How and Why? (Don’t ask children/victims of Sexual offences why)
Closed Questions
Yes or no answers, limited options.
Multiple Questions Use?
On suspect “What colour was the car, make and model?” can overload there cognitive process to trip them up.
Forced Questions?
Did you come by car or bus? Give the interviewee a choice.
Echo Question/Mirror Questions
Help put someone at ease? Copy their body language/repeat what they said back to them.
Silence
Encourages victim to keep talking
TED
Tell, Explain, Describe
Closed Identificatory
Forced question requiring on word answer “What was colour of car?”
Broad to focused
Interview question structure/order.
TED questions to eventually closed questions (did you do it?)
