Witness management Flashcards
The informant
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.
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.
Preliminary witness 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 the imminent disposal or destruction of evidence connected to the investigation
• prevention of the commission of other offences.
Appointment of an interviewer (6)
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. Refer the Police Manual chapters ‘Investigative interviewing witness guide’, ‘Child protection investigation policy and procedures’ and ‘People with mental impairments’
• 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.
risk assessment
A risk assessment must be conducted to establish the extent to which a witness might be at risk of intimidation and/or physical harm.
OC Witnesses and 2IC Investigation – Witness intimidation
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.
OC Witnesses / 2IC - Witness control
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.
OC Witnesses / 2IC - Refreshing memory
At Court, request the witness refresh their memory by reading any previously signed statement(s) or interview transcripts.
Alibi witnesses
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:
• 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.
