Witness Management Flashcards
The significance of the Informant
The significance of information provided by the person who reports the crime to Police cannot be understated. It is essential to accurately and fully record their details.
When a Witness has Recordings
Where a witness has made a recording (audio, video or photograph) of an incident that is relevant to the investigation, on a mobile telephone or by any other means, efforts should be made to obtain informed consent from the witness to hand the device to police so the recording can be safely downloaded.
Where the recording device is not immediately available, the witness should be advised to retain the recording and arrangements should be made for a suitably qualified technician to visit the witness to download the material at the earliest opportunity.
Where consent to handing over the device is refused, consideration should be given to whether sufficient grounds exist to support a warrantless search pursuant to the Search and Surveillance Act 2012, or an application for a search warrant to seize the recording as evidence.
Interviewing Homicide and Serious Crime Witnesses (Preliminary Interviews)
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:
- Early identification or arrest of a suspect
- Recovery of evidence or information relevant to the offence
- Prevention of evidence being CADD’d
- Prevention of the commission of further offences.
During preliminary witness interviews, care must be taken not to contaminate the witness’s recall of the events, as they will be formally interviewed at a later stage. The preliminary interview should be:
- Conducted in accordance with the Police Manual chapter ‘Investigative Interviewing Witness Guide’
- Limited to using appropriate open ‘TEDS’ questions ie. tell me, explain, describe, show, to establish sufficient information to immediately progress the enquiry
- Framed to elicit a brief account of the events witnessed, including where and when the event is alleged to have taken place and who was involved or present.
The investigator must consider the immediate needs of the witness who may require the presence of a suitable adult, or medical attention. The circumstances surrounding the preliminary interview should be recorded and permission obtained from medical staff if the witness is receiving medical attention.
Making an initial witness assessment
Before any formal interview is conducted, the investigator must make an assessment of the witness. The assessment should consider how the witness interview should be conducted, and enable the investigation team to identify:
- Whether due to the personal characteristics of the witness 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.
Special Considerations of Witnesses
Section 105 of the Evidence Act 2006 provides for witnesses who require special consideration, to give evidence in alternative ways. This includes the witness giving evidence from behind a screen, from an appropriate place outside the courtroom or giving evidence in chief by way of a video recording.
Where the OC Investigation determines that an alternative way of giving evidence would be beneficial for a particular witness, early liaison with the Crown Solicitor should occur. This will facilitate the Crown Solicitor to prepare a timely application for a judicial direction to allow the witness to give evidence in the requested alternative way. Such applications must be lodged at Court as soon as practicable.
Variations to the usual interviewing techniques may be required for any witnesses eligible for special consideration for example, video recording their interview. Particular consideration should be given to; investigatively important witnesses, family violence victims and any of the categories of persons specified in sections 103 and 105 Evidence Act 2006.
Appointment of an Interviewer
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:
Interviews of adult witnesses who are considered investigatively important, should be conducted by an accredited level 3 specialist adult witness interviewer, or an accredited level 2 advanced interviewer where no level 3 interviewer is available.
Interviews of witnesses in serious and complex crime investigations, other than those considered investigatively important, should be conducted by an accredited Level 2 advanced interviewer.
A forensic child interviewer should be utilised for any interview of a child or any person suffering from an intellectual impairment.
-The experience the officer has in interviewing witnesses in major investigations and any additional skills the interviewer has which may be advantageous in the circumstances
-The suitability of the officer to undertake the interview. This should include a consideration of any welfare issues and whether any previous experience that the officer has with the witness is likely to either inhibit or encourage a rapport with the interviewee, or give rise to later challenges of coaching, prompting or offering inducements.
Witness Interview Plan normally covers:
- The time and location of the interview
- The amount of information to be disclosed to the interviewee
- Interview objectives
- Support, for example, employing an interview monitor
- The structure of the interview, i.e. whether the interview will be recorded on video, audio, or written (this will depend on information established about the witness and the offence)
How to Support a Witness through the Court Process
Investigators must recognise the impact that being a witness to a crime or event can have on an individual. The witness may feel shocked, traumatised, vulnerable or intimidated by the experience. Adopting a calm reassuring approach and providing information about organisations that can provide support, will assist in alleviating anxiety and fear experienced by the witness.
For many witnesses the Court process and the giving of evidence is a daunting prospect. All witnesses will require a degree of support through the investigation stage and Court process, particularly as the lag time between the incident and subsequent trial may amount to two years or more.
Support should be tailored to the needs of the individual witness. In some cases, it may be sufficient for the investigator to explain Court procedures, provide verbal reassurance and keep the witness fully informed of what is expected from them and the dates and times that they are required. If witnesses understand the Court process and what will occur, they will be more relaxed and will likely make more effective and co-operative witnesses.
In other cases, third party support may be beneficial to some witnesses, provided that they are unconnected with the investigation. Additional support may be enlisted from family members, close friends, or from the services of dedicated agencies such as Victim Support, who have workers that are specifically trained to assist Police in homicide cases.
When a suspect is identified or arrested, if appropriate the witness should be informed and kept updated about Court appearances and whether remands are in custody or on bail. If on bail, witnesses may need to be made aware of bail conditions imposed.
** Police Action for Witnesses who decline to be interviewed
Investigators should promptly bring to the attention of the OC Investigation, 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.
** Police Action for Witnesses requiring protection
If a witness is assessed as being in need of protection from threats and/or actual violence whether directed at them or against their family then the OC Investigation must carefully and quickly consider the options.
Where necessary, protection may need to be afforded to the affected parties.
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 guidelines.
In the first instance the OC Investigation must liaise with Officer in Charge, Witness Protection (WitPro).
The witness may be entitled to anonymity which can be obtained by way of application or an order from the Judge.
*** Police Action when dealing with an Alibi Witness
Alibi witnesses notified under section 22 of the Criminal Disclosure Act 2008 must only be interviewed under the direction of the Crown Solicitor.
When particulars of alibi witnesses are noted concerning a matter of which proceedings have been commenced, the investigator must:
- Make enquiries to determine the veracity of the alibi
- Conduct inquiries as directed by the OC Investigation and the Crown Solicitor including NIA checks on the alibi witness
-Forward the results of these enquiries to the Crown Solicitor, including any statements obtained.
What are 2 reasons why it is important to carry out a risk assessment for witnesses of serious offences
- Risk of intimidation
- Risk of physical harm
