Witnesses Flashcards
Initial questions of a witness
INITIAL WITNESS QUESTION
What happened, where incident happened, when happened, who was involved, what witness did/went/ touched, who else was present, descriptions of those present, who touched witness, what did others present say/do
Preliminary interview may lead to
WITNESS PRELIM
Have material likely to rapidly progress investigation - info that may lead to early ID or arrest of suspect, recovery of evidence, prevent the imminent disposal or destruction of evidence, prevent commission of other offences
Reasons to do risk assessment of a witness
Establish witness risk of intimidation and/or physical harm
May result in fear of going to court to life at risk
Intel maybe tasked to contribute to assessment
Witness control
WITNESS CONTROL
Ensure that witnesses do not:
- Have any contact/communication with jurors
- Discuss the case in public areas while waiting
- Discuss the case with witnesses waiting after they have given evidence
Alibi witnesses
Only be interviewed under direction of crown, make enquires to determine veracity of alibi, conduct enquiries as directed by OC investigation/crown, including NIA, forward results to crown
Appointment of interviewing officer of witnesses
INTERVIEW OFFICER APPOINTMENT
- Investigation important witnesses should be interviewed by accredited level 3 adult interviewer or accredited level 2 advanced if level 3 unavailable.
- Experience officer has in interviewing in major investigations or additional skills that might be advantageous
- Sustainability of the interviewer - consider welfare issues, previous rapport
Witness at court refresh memory
At court, request the witness refresh their memory by reading previous statements or transcripts
Witness intimidation (risk assessment and what O/C can do)
Maintain contact with witnesses - be more aware of threats/intimidation and can arrange appropriate action such as initiating witness protection
