Witness Management

Question 1

A witness is any person who has?

Answer 1

Information about an alleged offence or offender.

Question 2

Police who have first contact with the informant should be?

Answer 2

debriefed and a full record made of their account. This record could become crucial if the informant is later
identified as a suspect.

Question 3

Locating witnesses is a critical aspect of any investigation and the relevant communities should be considered widely. Communities might include for example?

Answer 3

Cultural, religious, sporting, occupational, clubs, associations or societies.

Question 4

Having identified relevant communities, the OC Investigation should consider directing resources toward identifying witnesses within these settings. These methods may be utilised?

Answer 4

• Viewing CCTV
• Media releases and appeals
• Area canvass
• Interviews with victims and other witnesses
• Suspect interviews
• Anniversary appeals
• Road check points.

Question 5

Depending on available resources, initial enquiries might be confined to certain areas, such as within line of sight and earshot of these locations?

Answer 5

• Place where the victim was last seen alive
• Place where initial contact with suspect took place
• Place where victim was assaulted
• Murder site
• Body deposition site.

Question 6

Consideration may also be given to finding witnesses?

Answer 6

• 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).

Question 7

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 reserve and recover?

Answer 7

All available physical evidence from the witness including DNA, fingerprints, clothes, footwear, fibres, body fluids, glass or other material.

Question 8

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. If the recording is not immediately available?

Answer 8

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.

Question 9

Where consent to handing over the device is refused, consideration should be given to?

Answer 9

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.

Question 10

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?

Answer 10

• 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.

Question 11

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?

Answer 11

• 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.

Question 12

The prelim investigator must consider the immediate needs of the witness who may require?

Answer 12

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.

Question 13

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?

Answer 13

• 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.

Question 14

Special consideration
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?

Answer 14

From behind a screen, from an appropriate place outside the courtroom or giving evidence in chief by way of a video recording.

Question 15

Variations to the usual interviewing techniques may be required for any witnesses eligible for special consideration for example?

Answer 15

Video recording their interview.

Question 16

The selection of an appropriate interviewer is an important first step in the development of a witness. These issues should be considered?

Answer 16

• the level of training of the 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.

Question 17

The nominated interviewing officer and their OC Phase should collectively develop and record a witness interview plan that takes into account?

Answer 17

All relevant factors.

Question 18

The witness interview plan normally covers?

Answer 18

• 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. whether the interview will be recorded on video, audio, or written

Question 19

Risk assessment

A risk assessment must be conducted to establish the extent to which a witness might be at risk of?

Answer 19

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. Intelligence personnel may be tasked to contribute to the assessment and consultation should take place between the OC Investigation and the Crown Solicitor where any witness is subject to intimidation.

Question 20

Interview supervision

It is critical that where key witnesses are being interviewed, the interview is, where possible, monitored by?

Answer 20

A supervisor to ensure that all key points and legal issues are covered.

Question 21

Debrief phase

Once the interview has been completed and then reviewed by the OC phase, the following issues can be assessed?

Answer 21

• debriefing the interviewers
• identifying any need for supplementary interviews
• the assessment of any risk to the witness and identification of any associated steps required to ensure their ongoing support and safety.

Question 22

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?

Answer 22

Calm reassuring approach and providing information about organisations that can provide support, will assist in alleviating anxiety and fear experienced by the witness.

Question 23

Additional support may be enlisted from?

Answer 23

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.

Question 24

When a suspect is identified or arrested, if appropriate the witness should be informed and kept updated about?

Answer 24

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.

Question 25

Through Victim Support, the Government provides financial assistance on behalf of the Crown Solicitor for victims of serious crime towards the costs of dealing with the incident and attending Court and other criminal justice processes. This includes?

Answer 25

• a discretionary grant of up to $1500 for families of homicide victims
• free counselling for families of murder and manslaughter victims

ACC can help towards the costs of their burial, cremation and related ceremonies.

Question 26

OC Witnesses Responsibilities - Ensuring Court

Attendance?

Answer 26

Maintain contact with all prosecution witnesses, ensuring they are summonsed, and available to appear in Court, as required.

Question 27

OC Witnesses Responsibilities - Court Proceedings?

Answer 27

Ensure witnesses are fully briefed as to their responsibilities and that they are updated throughout the investigative and Court process.

Question 28

OC Witnesses Responsibilities - Witness intimidation?

Answer 28

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.

Question 29

OC Witnesses Responsibilities - Witness order?

Answer 29

For the sake of simplicity it is advisable the OC Exhibits gives evidence first and produces all of the exhibits including photographs and the exhibit schedule. This enables all following witnesses to refer to the appropriate exhibits.

Question 30

OC Witnesses Responsibilities - Witness media

interest letters?

Answer 30

If media interest is anticipated; consider advising witnesses and the victim’s family of the potential consequences of discussing evidence with journalists i.e. jeopardising Court proceedings. Refer to template ‘Information letter to Witnesses’ and ‘Information letter to
family of the deceased’.

Question 31

OC Witnesses Responsibilities - Interpreter Issues?

Answer 31

Care must be exercised to ensure that any interpreting service used is suitably qualified and meets the required standard.

Question 32

OC Witnesses Responsibilities - Welfare Issues?

Answer 32

Witnesses should be provided with the name and contact details of the 2IC Investigation. The welfare and needs of witnesses must be considered throughout the investigation and Court process.

Question 33

OC Witnesses Responsibilities - Witness control?

Answer 33

Ensure that witnesses do not:
• have any contact or communication with jurors
• discuss the case in public areas while waiting to give evidence
• discuss the case with witnesses waiting after they have given evidence.

Question 34

OC Witnesses Responsibilities - Refreshing memory?

Answer 34

At Court, request the witness refresh their memory by reading any previously signed statement(s) or interview transcripts.

Question 35

OC Witnesses Responsibilities - Arrange name suppression?

Answer 35

Advise the 2IC Investigation of any witnesses, victims or persons connected to the case seeking name suppression, so that the 2IC can inform the Crown Solicitor to apply for a Court order under section 202 of the Criminal Procedure Act 2011. The views of victims must be ascertained and conveyed to the judge.

Question 36

OC Witnesses Responsibilities - Expenses?

Answer 36

Where a witness is appearing in the High Court, fees and expenses are the responsibility of and are paid for by, the Ministry of Justice. The OC Witnesses should assist and provide guidance to witnesses and arrange for witnesses to complete witness expense forms when they are at the Court, to facilitate payment of witness expenses by the Registrar of the High Court concerned.

Question 37

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?

Answer 37

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.

Question 38

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. Where a witness cannot give evidence for the prosecution without also incriminating themselves in a lesser offence, and the prosecution case is unlikely?

Answer 38

To succeed or there is a risk it will be significantly weakened without the evidence from that witness, the Crown Solicitor should be consulted regarding immunity.

Question 39

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?

Answer 39

OC Investigation must carefully and quickly consider the options.

Question 40

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 notified concerning a matter in respect of which proceedings have been commenced, the investigator must?

Answer 40

• 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.

Question 41

Special procedures should be used for children or young persons under the age of 18 years. All interviews must comply with the Police Manual chapters?

Answer 41

• ‘Investigative interviewing witness guide’, particularly ‘Children and young persons’ and ‘Child forensic interviewers’, and
• ‘Youth justice’, particularly ‘Questioning or interviewing a child or young person’.

Question 42

The investigation management team needs to acknowledge that reactions of witnesses are not necessarily restricted to members of the public. Some Police employees and other emergency response staff may need?

Answer 42

Counselling or advice with regards to their involvement and should be offered appropriate support.