Witness management in homicide or serious crime investigations Flashcards
What is a witness?
A witness is any person who has information about an alleged offence or offender. They may be an eyewitness who was present at the incident or someone who can provide only peripheral information.
Having identified relevant communities, the OC () Investigation should consider directing resources toward identifying witnesses within these settings. These methods may be utilised:
- Viewing CCTV ()
- Media releases and appeals
- Area canvass
- Interviews with victims and other witnesses
- Suspect interviews
- Anniversary appeals
- Road check points.
Depending on available resources, initial enquiries to locate and identify witnesses might be confined to certain areas, such as within line of sight and earshot of what locations:
- 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.
Where a witness has made a recording of an incident that is relevant to the investigation, efforts should be made to
obtain informed consent from the witness to hand the device to police so the recording can be safely downloaded.
Where a witness has made a recording of an incident and the device is not readily available, 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.
Where a witness has made a recording of an incident and the device and they refuse to supply Police with the information…
consideration should be given to 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
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.
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:
- conducted in accordance with the Police Manual chapter ‘Investigative Interviewing Witness Guide’
- limited to using appropriate open ‘TEDS’ questions to establish sufficient information to immediately progress the enquiry
- framed to elicit a brief account of the events witnessed
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:
- whether 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.
Where the OC () Investigation determines that an alternative way of giving evidence would be beneficial for a particular witness, what should they do?
Liaise with the crown early to enable them to prepare an application in a timely manner to the courts to allow the witness to give evidence in an alternative way.
The selection of an appropriate interviewer is an important first step in the development of a witness. What issues should be considered when appointing them?
- Interviewers level of training
- the experience the officer has in interviewing witnesses in major investigations
- any additional skills the interviewer has which may be advantageous in the circumstances
- the suitability of the officer to undertake the interview
The witness interview plan normally covers:
- the time and location of the interview
- the amount of information to be disclosed to the interviewer
- setting interview objectives
- supporting the interview
- the structure of the interview
A risk assessment must be conducted to establish the extent to which a witness might be at risk of?
intimidation and/or physical harm
Once the witness interview has been completed and then reviewed by the OC () phase, the following issues can be assessed:
- 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.
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. What should be done?
Adopting a calm reassuring approach and providing information about organisations that can provide support, will assist in alleviating anxiety and fear experienced by the witness.
