Witness / Interviews

Question 1

What personal characteristics should be considered with a special consideration witness

Answer 1

Age and maturity

Physical, mental and psychological condition

Physical, intellectual, psychosocial or psychiatric impairment

Linguistic or cultural background and religious beliefs

Question 2

What are some considerations from circumstances of the offending for special consideration witness

Answer 2

The nature of the offending

Fear of intimidation

The investigative importance of the witness

Relationship to any party involved in the investigation

Question 3

Define special consideration witnesses

Answer 3

A witness requires special consideration when additional measures need to be taken at interview to maximise the accuracy and completeness of the information obtained due to their personal characteristics and the circumstances of the offending

Question 4

Chief Justice practice note on Police questioning

Answer 4

1) police may ask any person questions whom it is thought useful information may be obtained, but must not suggest that it is compulsory for the person to answer
2) person must be cautioned before being questioned
3) no cross examination
4) substance of statements must be explained
5) must be offered DVD otherwise audio otherwise written