witness management in homicide or serious crime investigation

Question 1

the informant

Answer 1

police who have first contact with the informant should be debriefed and a full record made of their acount. 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

witness as a scene

Answer 2

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

Question 3

preliminary witness interviews

Answer 3

on some occasions it may be necessary to conduct prompt, preliminary interview with a witness who possess 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

Question 4

appointment of an interviewer

Answer 4

selection of an appropriate interviewer is an important first step in the development of a witness. these issues should be considered:

• the level of training of the interviewer
• the experience of the officer has in interviewing witnesses in major investigations and any additional skills the interviewer has which may be advantageous in the circumstances
• 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

Question 5

risk assessment

Answer 5

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 the oc investigation and the crown solicitor where any witness is subject to intimidation

Question 6

what is the family liaison officers responsibility to the witnesses

Answer 6

• maintaining contact
• ensures the victims next of kin are regularly updated of the progress of both the enquiry and court proceedings, as directed by the 21C

Question 7

what is the oc witness and 2IC investigation’s responsibility to the witnesses with regards to ensuring court attendance

Answer 7

• maintain contact with all prosecution witnesses, ensuring they are summonsed and available to appear in court as required

Question 8

what is the oc witness and 2IC investigation’s responsibility to the witnesses with regards to court proceedings

Answer 8

ensure witnesses are fully briefed as to their responsibilities and that they are updated throughout the investigative and court process

Question 9

what is the oc witness and 2IC investigation’s responsibility to the witnesses with regards to witness intimidation

Answer 9

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 witness protection programme

Question 10

what is the oc witness and 2IC investigation’s responsibility to the witnesses with regards to witness order

Answer 10

for the sake of simplicity it is advisable the oc exhibits gives evidence first and produces all of the exhibits including photographs and the exhibit schedule. this enables all following witnesses to refer to the appropriate exhibits

Question 11

what is the oc witness and 2IC investigation’s responsibility to the witnesses with regards to witness media interest letter

Answer 11

if media interest is anticipated consider advising the victims family of the potential consequences of discussing evidence with journalists ie jeopardising court proceedings

Question 12

what is the oc witness and 2IC investigation’s responsibility to the witnesses with regards to witness control

Answer 12

ensure 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

Question 13

what is the oc witness and 2IC investigation’s responsibility to the witnesses with regards to refreshing memory

Answer 13

at court, request the witness refresh their memory by reading any previously signed statement or interview transcript

Question 14

when can an alibi witness be interviewed and what must the investigator do

Answer 14

an alibi witness must only be interviewed under the direction of the crown solicitor

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