Witness Management Flashcards
Who is a witness
Any person who has information about an alleged offence or offender. There may be an eyewitness who was present at the incident or someone who can provide only peripheral information
The Informant
Police who have first contact with the informant should be debriefed and a full record made of their account. This record could become crucial if the informant is later identified as a suspect. In some circumstances, consideration should be given to interviewing such officers as investigatively important witnesses.
Witnesses As a Scene
Some witnesses may have been so proximate to events that it is likely evidence was transferred to the witness, from the victim, suspect or from the scene itself. Before a witness is interviewed, a plan must be prepared to preserve and recover all available physical evidence from the witness including DNA, fingerprints, clothes, footwear, fibres, body fluids, glass or other material.
Locating Witnesses
- CCTV
- Media release
- Area canvass
- Interviews
- Road checkpoints
Preliminary Witness Interview
On some occasions it may be necessary to conduct a prompt, preliminary interview with a witness who possesses information or material that is likely to rapidly progress the investigation, information that may lead to: early identification or arrest of a suspect, recovery of evidence or information relevant to the offence, prevention of the imminent disposal or deconstruction of evidence connected to the investigation.
Special Consideration
Evidence Act 2006, Section 105, provides for witnesses who require special consideration, to give evidence in alternative ways.
Risk Assessment
Must be conducted to establish the extent to which a witness might be at risk of intimidation and / or physical harm.
Intelligence personnel may be tasked to contribute to the assessment and consultation should take place between the OC Investigation and the Crown Solicitor where any witness is subject to intimidation.
Financial Support
Through victim support the Government provides financial assistance on behalf of the Crown Solicitor for victims of serious crime towards the costs of dealing with the incident and attending court and other criminal justice processes. This includes:
- A discretionary grant of up to $1,500 for families of homicide victims
- Free counselling for families of murder and manslaughter victims. Initially six hours are approved with the option to increase to 15 hours, up to a maximum of 30 hours may be approved.
ACC can help towards the cost of burials, cremation and related ceremonies.
Police Responsibilities to Witnesses
- Maintaining Contact
- Ensuring Court Appearance / Court Proceedings
- Witness Intimidation
- Interpreter Issues
- Welfare Issues
- Witness Control
- Refreshing Memory
- Expenses
- Arrange Name Suppression
- Victims Views
Witnesses Who Decline to Be Interviewed
A record must be made of all the information provided by the witness as this may become crucial if the witness is later called as a witness for the defence
Reluctant/Uncooperative Witnesses
In rare cases the Crown Solicitor may consider seeking authority from the Solicitor General to give witness immunity from prosecution, to enable the Crown Solicitor to use evidence that would otherwise be unavailable.
Witness Requiring Protection
In circumstances where a serious threat to life is understood to exist then the matter should be dealt with in accordance with the National Witness Protection programme.
Alibi Witness
Must only be interviewed under the direction of the Crown Solicitor. When particulars of alibi witnesses are notified concerning a matter in respect of which proceedings have been commenced, the investigator must:
- make enquiries to determine the veracity of the alibi
- conduct enquiries as directed by the OC Investigation and the Crown Solicitor including NIA checks by the alibi witness
- forward the results of those enquiries to the Crown Solicitor
Children & Young Persons
A child of any age can be interviewed or called as a witness. However in making such decisions the Childs welfare should be taken into account.
Undercover Police & CHIS
Where a CHIS is called to give evidence as a prosecution witness at Court proceedings, the Evidence Act 2006 sets out provisions for the witness, referred to in the Act as an informer, to retain their anonymity.
In respect of undercover police officers, the Evidence Act 2006 allows for the prosecution to apply for protection of the officers true identity.
