Witness Management Flashcards
Why is it important that Police who have first contact with an informant to a serious offence, be debriefed regarding the contact?
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 investigative important witnesses.
Witness as a scene - What action must interviewing Police take prior to interview, and state what types of physical evidence that may be present on a witness who has been proximate to 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 and footwear
- Fibres
- Bodily 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, i.e., the information 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 destruction of evidence connected to the investigation
- Prevention of the commission of other offences
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, namely whether the witness requires a level 3 specialist interviewer, a level 2 advanced interviewer, or a forensic child interviewer.
- 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.
Why is it important to do a risk assessment relating to a witness of a serious offence?
A risk assessment must be conducted to establish the extent to which a witness might be at risk of intimidation and/or physical harm.
Different forms of intimidation may result from a witness providing information to Police, ranging from fear of going to Court, to life being at serious risk.
During the course of some trials, witness intimidation may occur. What can the OC Witness do in these cases?
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.
- A risk assessment must be conducted to establish the extent of the intimidation or physical harm
- 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.
- The witness may also be entitled to anonymity which can be obtained by way of application or an order from the Judge.
In relation to witness control, Police have a responsibility to ensure that witnesses do not:
- Have any contact or communication with jurors
- Discuss the case in public areas while waiting to give the evidence
- Discuss the case with witnesses waiting after they have given evidence
At Court, what material may a witness use to refresh their memory prior to giving evidence?
A witness may refresh their memory by reading any previously signed statements or interview transcripts.
When the Crown Solicitor directs Police to interview an alibi witness, what actions must the investigator take?
- 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
A preliminary interview should be:
- Limited to using appropriate open ‘TEDS’ questions
- 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
What steps should you follow to obtain key material from witnesses?
- Obtain full details of all persons present at the scene
- Assemble people in a clear area, ensuring a Police officer remains with them
- If possible, isolate witnesses from one another to reduce the likelihood of contamination and/or collusion
- Identity witnesses and conduct a brief scoping interview using TEDS
- Establish whether any persons have left the scene
- If they have made telephone calls from the scene, establish the numbers such calls were made from and to, and who answered
- Record registration numbers of nearby vehicles to establish which drivers/passengers have been in the area
- Seize any CCTV relevant to the vicinity/routes to establish who may have been in the area at the relevant time
