Witnesses Flashcards
Who is a witness
Any person who has information about an alleged offence or offender
What are 7 methods that may be used to identify witnesses in the relevant community
- viewing CCTV
- media release and appeals
- area canvass
- interviews with victims and other witnesses
- suspect interviews
- anniversary appeals
- road checkpoints
Depending on available resources initial enquiries might be confined to certain areas such as within line of sight and earshot of what locations……
- places victim was last seen
- place where initial contact with suspect took place
- place where victim was assaulted
- murder site
- body deposition site
Consideration given to
• initiating a witness search along the possible access and escape routes from each scene
• making enquiries at significant geographical locations proximate to the scene
What must be done with witnesses at a scene before they are interviewed
Prepare a plan to preserve and recover all available physical evidence from the witness including DNA, fingerprints, clothes, footwear, fibres, body fluids, glass or other material
What should you do if a witness has a video recording of the indident
Seize the phone by informed consent so the video can be downloaded by police
If refused consider seizure under search and surveillance
If device is not immediately available advise to retain video and arrange download at later time
In what 4 instances may it be necessary to take a prelim statement from a witness. If they have information that may lead to……
- early identification or arrest of suspect
- recovery of evidence or information relevant to the offence
- prevention of the imminent disposal or destruction of evidence
- prevention of the commission of other offences
The prelim interview should be…..
- conducted in accordance with investigative interviewing witness guide
- limited to using TEDS questions
- framed to elicit a brief account of events witnessed
An assessment of the witness should be done before conducting any formal interview to identify…….
- special consideration, whether due to personal characteristics of the witness or circumstances of the offending
- avaiability of the witness
- any needs the witness has for special assitance
- optimum approach to be taken
What should be considered in selecting the officer to conduct the interview
- level of training of the interviewer
- experience the officer has in interviewing witnesses in major investigations
- suitability of the officer to undertake the interview
What 5 things should be covered in a witness interview plan
- time and location of the interview
- amount of infromation to be disclosed to the interviewer
- setting interview objectives
- supporting the interview (monitor)
- structure of the interview (audio, written, video)
What kind of risk assessment must be conducted when interviewing witnesses
Risk assessment to establish the extent to which a witness might be at risk of intimidation and/or physical harm
After the interview has been completed and reviewed by the OC phase what 3 issues can be assessed…
- debriefing the interviewers
- identifying any need for supplementary interviews
- the assessment of any risk to the witness and identification or any associated steps required to ensure their ongoing safety and support
Who can offer support to witnesses
- police (providing updates on investigation, court process, dates/times required)
- family, friends, victim support
Police to advise on bail, RIC, bail conditions
What are Police responsibilities to witnesses
FLO
Updating family and NOK regularly on enquire and court
OC Witnesses and 2IC
Ensuring court attendance, court proceedings, witness intimidation, witness order, witness media interest, interpreter, welfare, witness control, refreshing memory, name suppression
OC Witnesses and OC Investigation
Expenses
File manager
Victims views
File manager and 2IC
Special measures
Why is it important to record all information said by a witness who declines to be interviewed
It may become crucial if the witness is later called as a defence witness
In what circumstance may the crown consider seeking authority from the solicitor general to give a witness immunity
• Witness cannot give evidence without incriminating themselves in a lesser offence
AND
• prosecution case is unlikely to succeed or there is a risk it will be significantly weakened without evidence from that witness
Where a serious threat to life (witness) is understood how should the matter be dealt with
In accordance with the National Witness Protection Programme Guidelines
OC investigation to liaise with OC witness protection
How can a witness obtain anonymity
By way of application or an order from the judge
When may alibi witnesses be interviewed
Under the direction of the crown solicitor
When particulars of alibi witnesses are notified concerning a matter in respect of which proceedings have been commenced the investigator must do what 3 things
- make enquiries to detrain the veracity of the alibi
- conduct enquiries as directed by OC investigation and crown solicitor including NIA checks
- forward results of enquires to crown solicitor
What allows for anonymity of CHIS witnesses and the protection of under cover officers true identity
Evidence act 2006
