Witness Management In Homicide

Question 1

The informant

Answer 1

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 investigatively important witnesses.

Question 2

Locating witnesses

Answer 2

Witnesses may be identified through-
Cctv
Media release/appeals
Area canvass
Interviews with victims and other witnesses
Suspect interviews
Anniversary appeals
Road check points

Question 3

Witness as a scene

Answer 3

Some victims may have been so proximate to events that it is likely evidence was transferred to the witness, from the victim, suspect or 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.

Question 4

Witness electronic Recordings

Answer 4

Where a witness has made a relevant recording, on a mobile telephone or otherwise, effort should be made to obtain informed consent from the witness to hand the device to police to download the recording.
Otherwise the witness should be advised to retain the recording with arrangements made for a technician to visit the witness and download.
Where consent is refused consider search and surveillance.

Question 5

Preliminary witness interviews

Answer 5

It may be necessary to conduct prompt, preliminary interview with a witness that may rapidly progress the information. Information that may lead to-

1. Early identification or arrest of a suspect.
2. Recovery of evidence or information relevant to the offence
3. Prevention of imminent disposal or destruction of evidence connected to the investigation
4. Prevention of the commission of other offences.

Use TEDS

Question 6

Initial witness assessment

Answer 6

The investigator must make an assessment of the witness. The assessment should consider how the witness should be conducted, and enable the investigation team to identify-

1. Whether the witness requires special consideration
2. availability of the witness
3. Any needs the witness us for special assistance
4. The optimum approach to be taken with the witness

Question 7

Appointment of an interviewer

Answer 7

when selecting an appropriate interviewer consider;

1. The level of training of the interviewer
2. The level of experience the officer has in interviewing witnesses in major investigations, as well as other skills which may be advantageous.
3. The suitability of the officer to undertake the interview.

Interviewing officers should be informed of their role asap to give the opportunity to plan.

Question 8

Risk assessment

Answer 8

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

Question 9

Police responsibilities to witnesses
FLO
Family Liaison Officer

Answer 9

Maintaining contact- ensure the victims nok are regularly updated with progress of the enquiry and also court as directed by the 2IC

Question 10

Police Responsibilities to Witnesses’s
OC Witnesses (and 2IC investigation)

Answer 10

Ensuring court attendance
Court proceedings(ensure witnesses are aware of responsibilities)
Witness Intimidation (be aware of any threats and bpt act)
Witness Order (it is advisable OC exhibits gives evidence firsthand produces exhibits for witnesses to refer to)
Witness media attention- advise of potential interest and how to manage
Interpreter issues - ensure interpreters are qualified
Welfare issues - witness welfare must be considered throughout
Witness control - ensure witnesses do not communicate with jurors, discuss the case in public, discuss the case with witnesses waiting having given evidence
Refresh memory- request witnesses refresh memory by reading prior statements
Arrange name suppression- advise 2IC of any witnesses requesting name suppression

Question 11

Police responsibilities to witnesses

OC Witnesses/ OC Investigation

Answer 11

Expenses- provide guidance to complete witness expense forms

Question 12

Police responsibilities to witnesses

File Manager

Answer 12

Victims views on bail, victim contacts, VIS, CSV1, bail opposition, Victim Notification Register

Question 13

Police responsibilities to witnesses

File manager/ 2IC investigation

Answer 13

Special measures- early consultation with the Crown is required regarding those witnesses identified as being in need of special consideration

Question 14

Alibi witnesses

Answer 14

Alibi witnesses must only be interviewed under direction of the crown solicitor.
When particulars of alibi witnesses are notified concerning matters of which proceedings have commenced, investigators should-
1. Make enquiries to determine the veracity of the alibi
2. Conduct enquiries as directed by the OC investigation and Criwn Solicitor including NIA checks.
3. Forward the results of enquiries to the crown solicitor, including statements.