Witnesses

Question 1

A witness is any person who has?

Answer 1

Any person who has Info about an alledged offence or offender

Question 2

What to consider when dealing with forensically important witnesses at scene?

Answer 2

When witnesses have been proximate to an offender, scene or victim and evidence transferred DNA, fibres, Glass, fingerprints, before interview consider:

• Cross contamination - avoid, use diff vehicles
• photograph witnesses
• Note injuries

Question 3

Plan to preserve / recover evidence from a witness should include

Answer 3

• DNA swabs on witness -blood
• Swabs of any other relevant stains
• Medical forensic MEK
• Clothing seizure

Question 4

Prelim interviews include?

Answer 4

• Early ID of suspect
• Prevent further offending
• Recovery of evidence

Question 5

Initial witness assessments include

Answer 5

• Whether witness requires special consideration
• Availability of witness
• Optimum approach to be taken with witness

Question 6

Risk assessment of witness

Answer 6

• In regards to threats, intimidation or physical harm
• Apply through application to judge for anonymity sec 112 Evidence Act
• Witness protection

Question 7

witness control

Answer 7

• Ensure not to communicate with jurors
• Not to discuss case in public area while waiting to give evidence
• Not to discuss case with other witnesses waiting to give evidence

Question 8

Alibi witness - upon instruction from the crown solicitor must?

Answer 8

• Make enquiries to determine veracity of Alibi
• Conduct enquiries through NIA
• Forward results to crown solicitor including statements

Question 9

How may a witness refresh their memory in court?

Answer 9

By reading a previously signed statement or interview transcript

Question 10

What should be done when electronic recording devices have been used at a scene?

Answer 10

• Obtain informed consent and download images/recordings
• arrange to uplift and download
• If refuse consider S+S or SW

Question 11

When a witness has a visual recording but fails to handover, consider?

Answer 11

• Sufficient grounds to invoke S+S Act 2012

- Obtain a search warrant

Question 12

Explain sec 105 Evidence Act 2006

Answer 12

Witness giving evidence in alternative way

• Screens
• CCTV
• Prior recording

Question 13

Witnesses

Answer 13

Major source of evidence in Police investigation, relevance may not be realised at the time, but may become more significant later

Question 14

Appointment of interviewer, consider?

Answer 14

• level of training of interviewer
• level3 or L2 advanced
• forensic child interviewer/intell impairment
• suitability of officer e.g welfare

Question 15

Financial support

Answer 15

• VS+Govt provides financial assistance on behalf of the crown towards the cost of dealing with incident, attending court and other criminal justice processes.
• Discretionary grant of upto $1500 for homicide vict
• Free counselling for family of murder/manslaugher vics, 6hrs -15hr, max 30hrs if required.
• Acc helps with cost of burial, cremation, family can claim topup if murder/manslaughter