Witness management Flashcards
Detail the princples guiding the management of witnesses during the investigation and trial process
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Why is it important on how a witnesses is managed during the investigation process
As this will determine if the witness will cooperate with Police and any subsequent prosecution
what are the 5 areas in realtion to dealing with witness
- identifying and locating witness
- identifying teh risks and needs of the victim
- Interviewing witnesses
- Ensuring ongoing support
- Identifying the means in which they will give evidence in court
Who would be the most important witness in an investigation
-this would usually be the informant, they have called Polcie as they have information or witnesses the incident so it is important to identify, locate and accurately obtain their and account of what happened
How would someone go about identifying a witness
- Viewing of CCTV
- Media release
- Area canvass
- anniversary appeals
- Interview with suspect and other witnesses
Should a preliminary interview be conducted with a witness and why
Sometimes it is paramount to conduct a prelim with the witness, this is to determine the following:
- What actually happened
- early identification of suspect
- identification of evidence and information
- prevention of the loss of evidence
- prevention of any further offences
What should be considered when about to interview a witness
- Any speacial needs of the witness, ie language, mental age
- availability of the witness
- the approach to be taken when going to interview
What things should be considered before appointing an interviewer
- The experience of the interviewer
- The level of interviewer required, ie, L2, L3 forensic child interviewerff
When conducting an interview what are some risks associated with taking that statement
-there are different forms of intimidation when it comes to giving police an interview these range from being intimiadated to giving evidence on the stand and the threats to there life due to cooperating with the police.
Before taking a statement it is crutial to balance the risk and benefits of the statement and how the statement is to be taken. Consider CHIS or relocation if required.
What is a witness
Any person who has information about the alleged offence or offender. they maybe an eye witness to the incident or someone that can provide periphiral info.
Discuss Police responsibilites to witnesses
FLO
-Ensure the NOK is updated regulary as to the investigation and court procededings
OC witness
- Main contact with all prosecution witnesses and ensure they are summonsed and available to appear in court as required
- Ensure they are fully briefed as to their responsibilities and they are updated during the investigation and court proceedings.
- If they are being intimidated or threated by defendant or associates of the defendant then make sure appropriate action is taken such as witness protection.
- If there is a media presence inform the witnesses the importance of not taking to the media before or after they give evidence or during the investigation as this may have an impact on the proceedings.
- If language is an issue then consider an interpretor.
- If they are in fear or anxious about giving evidence inform the crown to seek an application as to the mode of evidence such as a screen or AVL.
- Durng proceedings ensure the witness are adived not to talk about the case in the public gallary or with other witness before and after they give evidence and to those witnesses who have yet to give evidence
- If they need to refresh there memory before the trial they may refer to any revious made statement or transcripts
- Arrange name supression if required
- Arrange expenses reimbursement.
- Obtain victim views on bail, S29 VNR, VIS
Discuss how to manage witnesses who declined to be interviewed.
The person who spoke to the witness who refused to provide an interview should bring this to the attention of the OC investigations. Full details of the person should be provided and any notes that were taken by the investigator as to what the witness told them as this evidence maybe critical later on in the investigation.
Discuss why some witnesses are reluctant to give evidence
There are a variety of reasons as to why someone is reluctant to give evidence who may have witnessed first hand the offence.
This is usually out of fear or if they give evidence they may incriminate themselve for a lesser offence.
If this is the case then the crown solicitor should consult with the solicitor general to provide the witness with immunity if the case is going to be weakened by that witness not giving evidence.
Discuss when an alibi witness can be interviewed and what should be obtained
An alibi witnessed should only be interviewed when authorised by the crown solicitor.
When making these enquiries, the investigator should determine the veracity of the witness, conduct enquiries as directed by OC investigations and crown solicitor and to report back to them of what the alibi has provided
