Witness Interviewing

Question 1

Who is a witness?

Answer 1

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.

Question 2

Categories of witness

Answer 2

Significant witness (key witness) and Non-key witness, Reluctant witness and Hostile witness

Significant witness is someone who has witnessed an indictable offence.

Question 3

Interview approaches

Answer 3

-Written statement
-Telephone/Zoom/Team
-Video interview of intimidated/vulnerable victims and witnesses
-ABE Suite

Question 4

Special category witnesses

Answer 4

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.

Question 5

Expert Witnesses

Answer 5

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.

Question 6

PACE Code C

Answer 6

Suspects require appropriate adults, but witnesses do not legally need an appropriate adult.

Question 7

Open Question starters

Answer 7

Who, What, Where, When, How and Why? (Don’t ask children/victims of Sexual offences why)

Question 8

Closed Questions

Answer 8

Yes or no answers, limited options.

Question 9

Multiple Questions Use?

Answer 9

On suspect “What colour was the car, make and model?” can overload there cognitive process to trip them up.

Question 10

Forced Questions?

Answer 10

Did you come by car or bus? Give the interviewee a choice.

Question 11

Echo Question/Mirror Questions

Answer 11

Help put someone at ease? Copy their body language/repeat what they said back to them.

Question 12

Silence

Answer 12

Encourages victim to keep talking

Question 13

TED

Answer 13

Tell, Explain, Describe

Question 14

Closed Identificatory

Answer 14

Forced question requiring on word answer “What was colour of car?”

Question 15

Broad to focused

Answer 15

Interview question structure/order.
TED questions to eventually closed questions (did you do it?)

Question 16

Manner of questioning

Answer 16

Volume - different stress changes emphasis

Articulation - how syllables are articulated

Pitch - rising and falling, accent, emotional elements

Question 17

SOFTENS

Answer 17

Signs of sincerity
Open Posture
Forward lean
Touch (Don’t)
Eye contact
Nods and guggles
Silence and pausing

Question 18

PEACE

Answer 18

-Planning and Preparation
-Engage and Explain
-Account clarification and challenge
-Closure
-Evaluation

Question 19

CI

Answer 19

Cognitive Interview, also called free recall
Allow witnesses and victim to get everything off their chest and then probe. Will involve sensory recall.
DON’T interrupt.
DON’T fill in a gap in their knowledge.
DON’T force chronology
Make notes for discussion later
Allow for drawings

Question 20

P - PEACE

Answer 20

Planning and preparation
-Remote or F2F
-Interview plan in writing
-How long will it take?
-When do you need breaks
-Points to prove
-Victim Code
-Relevant Evidence

Question 21

E - PEACE

Answer 21

Engage and Explain
-Establish rapport
-Address need and concerns
-Address needs and concerns

Question 22

RRRE

Answer 22

Reasons (why)
Route maps (how)
Routines (things)
Expectations (rules)