Witness Management in Homicide and Serious Crime Investigations Flashcards
Who is a witness?
A witness is any person who has information about an alleged offence or offender.
Who may require special consideration as a witness?
Children, mentally impaired persons, foreign nationals or reluctant witnesses.
What should Police who have first contact with an informant do?
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.
What methods can be used to identify potential witnesses?
- Viewing CCTV
- Media releases and appeals
- Area canvass
- Interviews with victims and other witnesses
- Suspect interviews
- Anniversary appeals
- Road check points
What can a preliminary interview of a witness achieve?
- 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
What should be considered when appointing an officer to interview a witness to a serious crime?
• 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.
• 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.
Who should supervise an interview with a key witness?
It is critical that where key witnesses are being interviewed, the interview is, where possible, monitored by a supervisor to ensure that all key points and legal issues are covered.
What can be achieved by maintaining contact with witnesses?
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.
What should OC Witnesses ensure at court?
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.
What must be done when an alibi witness is identified by defence?
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.
