Witness management in homicide or serious crime investigations Flashcards
What needs to be considered for witness management?
‑ identifying and locating witnesses
‑ identifying the risks and needs of a witness to support effective decision‐making in managing them
‑ interviewing witnesses
‑ ensuring on‐going support and safety of witnesses
‑ identifying the means by which the witness will give evidence at Court.
Considerations around the informant
The significance of information provided by the person who reports the crime to Police cannot be understated. It is therefore essential the details of the informant are recorded fully and accurately. For further information regarding initial actions when dealing with an informant, refer to ‘Part 1 ‐ Initial response to homicide or serious crime’, specifically ‘Complainants/Informants’.
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.
How to obtain further witnesses
‑ Viewing CCTV ‑ Media releases and appeals ‑ Area canvass ‑ Interviews with victims and other witnesses ‑ Suspect interviews ‑ Anniversary appeals ‑ Road check points.
What if you locate a witness at the 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. For further information refer to ‘Part 1 ‐ Initial response to homicide or serious crime’, specifically ‘Witness as a scene’.
conducting a prelim interview with a witness 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.
Initial assessment of a witness before a formal interview
‑ 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.
Things to consider for who conducts the Interview?
‑ 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.
Whats included in a witness interview plan?
‑ 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 (this will depend on information established about the witness and the offence)
Whats is O/C witnesses and 2IC in charge of managing?
- Ensuring Court Attendance
- Court Proceedings
- Witness intimidation
- Witness order
- Witness media interest letters
- Interpreter issues
- Welfare issues
- Witness control
- Refreshing memory
- Arrange name suppression
- Expenses
What do you do for witnesses who decline to be interviewed
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 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.
What do you do for Reluctant/unco‐operative witnesses
Persons, who are believed to have witnessed an offence, part of an offence or events closely connected with it, may be reluctant to become involved in the investigative process for a number of different reasons. Advice should be sought from the phase OC or OC Investigation as to how to proceed with such witnesses. Further advice on the conduct of such interviews can be obtained from the National Investigative Interviewing Unit, PNHQ. For further information refer to the Police Manual chapter ‘Investigative interviewing witness guide’, under ‘Difficult to interview or reluctant witnesses’.
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 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. Refer to the ‘Crown Law Prosecution Guidelines’ (page 14).
What do you do for Witnesses requiring protection
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 OC Investigation must carefully and quickly consider the options.
Where necessary, protection may need to be afforded to the affected parties. 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. In the first instance the OC Investigation must liaise with Officer in Charge, Witness Protection (WitPro). See Police Manual ‘Witness Protection’.
The witness may be entitled to anonymity which can be obtained by way of application or an order from the Judge. Refer to section 112 of the Evidence Act 2006 and section 17 of the Criminal Disclosure Act 2008.
What do you do for 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.
What do you do for Children and young persons
Special procedures should be used for children or young persons under the age of 18 years. A child is defined in section 4 of the Evidence Act 2006. A child of any age can be interviewed or called as a witness.
However, in making such decisions, the child’s welfare should be taken into account. All interviews must comply with the Police Manual chapters:
‑ ‘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’.
What do you do for Undercover Police officers and Covert Human Intelligence Sources
The use of Covert Human Intelligence Sources (CHIS) can provide crucial information to an enquiry. How the CHIS are managed both during the investigation stage and through any subsequent Court process is crucial. When a witness is assessed as being a CHIS, this must be promptly elevated to a supervisor. Refer to the Police Manual ‘Introduction to Covert Human Intelligence Source’.
Where a CHIS is called to give evidence as a prosecution witness at Court proceedings the Evidence Act 2006 sets out provisions for the witness, referred to within the act as informer, to retain their anonymity. These provisions are explained in section 64 of the Evidence Act 2006 and should be fully understood before such resources are utilised. Early realisation of these provisions will avoid unwarranted expectations on the part of all those concerned.
In respect of Undercover Police officers, the Evidence Act 2006 allows for the prosecution to apply for protection of the officer’s true identity. These provisions are explained in sections 108 and 109.
