Witness Management Flashcards
What is a witness?
A witness is any person who has information about an alleged offence or offender. They may be an eyewitness who was present at the incident or someone who can provide only peripheral information.
Methods of identifying witnesses
7 points
Viewing CCTV
Media releases and appeals
Area canvass
Interviews with victims and other witnesses Suspect interviews
Anniversary appeals
Road check points.
Consideration may also be given to:
initiating a witness search along the possible access and escape routes from each scene
making enquiries at significant geographical locations proximate to the scene (eg., major foot routes, bus and railway stations).
Why is important to obtain as much detail as possible from witnesses?
Until Police are able to attend the scene, the complainant/informant may be the only source of information available and accurate information can lead to sound decisions.
Officers who have initial contact with the complainant/informant should take great care in recording what the complainant/informant says, their demeanour and clothing etc. These notes could become critical, particularly if the complainant/informant is later identified as a suspect.
Why is it important to consider a witness 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.
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, ie. information that may lead to:
PREP
• Prevention of the imminent disposal or destruction of evidence connected to the investigation
• Prevention of the commission of other offences.
• Recovery of evidence or information relevant to the offence
• Early identification or arrest of a suspect
What action should be taken if the Victim is suspected of having vital information or on their cell phone?
Consensually, voluntarily provided to police for download
If not possible, asked to retain for a tech to download
Search Powers
What points to consider when making an assessment of a witness?
4 points
• whether due to the personal characteristics or the circumstances of the offending, the witness requires special consideration
• availability of the witness
• any needs the witness has for special assistance
• the optimum approach to be taken with the witness
The selection of an appropriate interviewer is an important first step in the development of a witness. These issues should be considered?
- the level of training of the interviewer:
- the experience the officer has
- additional skills the interviewer has
- the suitability of the officer to undertake the interview.
Interviewing officers should be informed of their role at an early stage and given the opportunity to fully plan the interview.
The witness interview plan normally covers:
5 points
- the time and location of the interview
- the amount of information to be disclosed to the interviewer
- setting interview objectives
- supporting the interview, for example, employing an interview monitor
- the structure of the interview, i.e. recorded on video, audio, or written
Reasons why important to do risk assessment relating to witness of serious offence
must be conducted to establish the extent to which a witness might be at risk of intimidation and/or physical harm.
What to do about witnesses who decline to be interviewed?
Investigators should promptly bring to the attention of the OC, the details of any witness who has been spoken to but who has declined to be interviewed.
The investigator should outline the details of any information the witness has provided and copies of any notes made.
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 a witness immunity from prosecution, to enable the Crown Solicitor to use evidence that would otherwise be unavailable
Alibi witnesses notified under section 22 of the Criminal Disclosure Act 2008 must only be interviewed under the direction of the Crown Solicitor.
When Crown solicitor directs police to interview alibi witness Police must?
• Make enquiries to determine the VERACITY of the ALIBI
• Conduct inquiries as directed by OC INV or CROWN incl NIA checks on Alibi WITNESS
• FORWARD results of ENQUIRIES and STATEMENTS to CROWN
During course of some trials witness intimidation may occur. Something about what info can OC do?
By maintaining contact with witnesses, Police will be more likely to become aware of any threats, intimidation or interference and can arrange for appropriate action to be taken; such as initiating the witness protection program.
