Witnesses Flashcards
Witness as a 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 such as:
- DNA
- Fingerprints
- Clothes
- Footwear
- Fibres
- Body fluids
- Glass or other material
State two reasons why it is important to conduct a risk assessment relating to a witness to a serious offence?
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.
Police responsibilities to witnesses – Witness intimidation:
The OC witnesses and 2IC Investigation are responsible for maintaining contact with witnesses.
By maintaining contact Police may become aware of any
- threats,
- intimidation or
- interference
Police can arrange for appropriate action to be taken; such as initiating the witness protection program
During the course of a criminal trial the OC witnesses must maintain control over the witnesses. What specific instructions must be given to the witnesses relating to their conduct at court?
Ensure that 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
Police responsibilities to witnesses – Refreshing memory:
At Court, request the witness refresh their memory by reading any previously signed statement(s) or interview transcript
