Witness management Flashcards
When a witness is at court, what material may a witness used to refresh their memory
any previously signed statement or interview transcripts
When the Crown solicitor direct police to interview an alibi witness, what actions must police take.
*Determine the veracity of thew alibi
*Conduct enquires directed by the OC/Crown including NIA checks on that alibi witness
*Forward the results to the Crown included any statements obtained
in relation to witness control, you must ensure that the witnesses do not
Have contact or communicate with jurors
Discus the case in public area while waiting to give evidence
Discus the case with witnesses waiting after they have given evidence
During trials witness intimidation may occur, what can OC witness do?
by maintaining contact its more likely that an awareness of any threat, intimidation or interference will be found so can take appropriate action, such as witness protection programme.
A risk assessment must be made to establish the extent of the intimidation/physical harm.
If threat to life exists, should be dealt with by the national Witness Protection Programme guidelines
An application may also be made to a judge for witness anonymity
2 reasons why its important to do a risk assessment relating to witnesses of serious offence
To ascertain whether the witness is at risk of being intimidated
To ascertain whether the witness is at risk of physical harm
When appointing an officer to interview a witness of a serious offence, what 3 main issues should be considered regarding the potential interviewing officer
The level of training of the interviewer, does the witness require a level 3 specialist interviewer, level 2 or a child interviewer
The experience the officer has in interviewing wittiness in major investigations and any additional skill which may be an advantage
The suitability of the officer, whether they have previous experience with the witness that is likely to either inhibit or encourage rapport with the interviewee.
Scene witnesses proximate to the event/transferred evidence - What action interviewing police should take prior to interview and then state types of physical evidence that may be present
A plan must be prepared to preserve and recover all available physical evidence from the witness including DNA, fingerprints, clothes, fibres, body fluids, glass or other material.
A witness may not fully understand the significance of the police requesting forensic examination so tact and consideration must be used when broaching the subject
Why is it important that police who first have contact with the informant to a serious offence should be debriefed regarding contact
they should be debriefed and a full record made of their account. The record could become crucial if the informant is later identified as a suspect. In some circumstances, consideration should be given to interviewing as investigatively important witnesses
On some occasions it may be necessary to conduct prompt, preliminary interviews with a witness who possesses information on material that is likely to rapidly progress the investigation, what might such information lead to?
Early identification or arrest of a suspect
Recovery of evidence or info relevant to the offence
Prevention or imminent disposal or destruction of evidence connected to the investigation
Prevention of the commission of other offences
The prelim 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 immediatley progress the enquiry
framed to illicit a breif account of the events witnessed, including where and whenthe event is alleged to have taken place and who was involved.
