Witness Management in Homicide or Serious Crime Investigations Flashcards
Witness
A witness is any person who has information about an alleged offence or offender.
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. In some circumstances, consideration should be given to interview such officers as witnesses.
Locating other Witnesses
- CCTV
- Media releases
- Area canvass: within line of sight, victim last seen, offence location, body location.
- Witness/victim interviews
- Suspect interview
- Anniversary appeals
- Road check points
- Footpath/roads/bus/train.
Witness at the Scene
Evidence may be transferred to the witness from the victim, suspect or scene itself. Before the witness is interviewed, a plan must be prepared to preserve and recover all available physical evidence from the witness such as fibres, body fluids, glass or other material with adequate explanation to the witness.
Recordings of Incident
- Ask for consent and download recording.
- Consider warrantless search powers.
Preliminary Witness Interview
Necessary to conduct a prompt, preliminary interview to obtain information that may lead to:
- Early ID and arrest of a suspect
- Recovery of evidence or information related to the offence
- Prevent CADD of evidence
- Prevent commission of other offences.
Initial Witness Assessment
Before any formal interview is conducted, an investigator must make an assessment of the witness to identify:
- Witness requires special consideration (Specialist Interviewer / Forensic Interviewer for Investigative Important Interviews / Level 2 / Court - CCTV, Screens)
- Availability of the witness
- Any needs the witness has for special assistance
- Optimum approach to be taken with the witness.
Risk Assessment
Risk assessment must be conducted to establish the extent of which a witness might be at risk of intimidation or physical harm.
Different forms of intimidation may result from the witness providing Police with information, ranging from fear of going to court, to life being at risk. Consultation required with OC Investigation and Crown Solicitor.
Witness Interview Plan
Witness interview plan normally covers:
- Time/location of interview
- Amount of information to be disclosed to interviewer
- Setting interview objectives
- Interview Monitor
- Structure of interview e.g. video, audio, written.
“Investigative Interviewing Doctrine”
Think of Level 3
Debrief Phase
Once the interview has been completed and reviewed by the OC Phase, the following issues can be accessed:
- Debrief the interviewer
- Identify needs more supplementary interviews
- Assess risk to witness and ensure their safety.
OC Witness
OC Witness is responsible for managing the witness before, during and after the trial.
- Ensure court attendance: maintain contact, summons and available.
- Court proceedings: fully briefed on their responsibilities and updated on investigation/court process.
- Refresh memory: Statements / Interview.
- Witness intimidation: protection.
- Witness Order: Exhibits first so witness may refer to.
- Witness Media Interest Letters: consequence of talking to media about the case.
- Interpreter Issues.
- Welfare issues: Support witnesses.
- Witness control: No contact with Jury, Discuss case in public prior to giving evidence, Discuss case with witnesses waiting after they have given evidence.
- Arrange name suppression: Inform Crown.
- Expenses: MOJ responsible for payment in High Court.
Alibi Witnesses
Must only be interviewed under direction of the Crown Solicitor. The Investigator must:
- Make enquiries to determine the veracity of the alibi
- Conduct inquiries as directed by OC Investigation and Crown Solicitor including NIA checks on the Alibi Witness
- Forward results to Crown Solicitor including any statements obtained.
