What is the purpose of interviewing a witness?
Elicit the witness’s complete, accurate, reliable account of the alleged events and any other information that would assist the investigation
Who is a witness?
People who have information about an alleged offence or offender. they may be an eyewitness, present at the event or someone who can provide peripheral information
Witness includes and does not include?
Includes- victims, a person against whom an offence is committed and or suffers physical injury or loss of or damage to property.
Does not include- suspects
if there is more than one witness to an incident?
Take care to minimise risk of memory contamination between witnesses- separate them asap and ask not to discuss incident with one another
What should you do if a witness becomes a suspect during an interview?
Adopt procedures for interviewing suspects
- caution the person
- visually recorded the interview
What are the 10 principles of investigative interviewing?
- Interviewing is at the heart of investigation
- the aim of an interview is to discover the truth
- information must be complete, accurate and reliable
- keep an open mind
- act fairly
- questioning can be persistent
- some witnesses require special consideration
- suspects must be interviewed in accordance with the law
- special care must be taken to identify suspects requiring special consideration
- be sensitive to cultural background and religious beliefs.
Give examples of witnesses requiring special consideration
- Children
- the elderly
- intoxicated witnesses
- traumatised victims
- witnesses with intellectual disability or mental health conditions
- victims of family violence or sexual assault
- witnesses with communication difficulties (language)
What is a general rule for timing of interviews?
they should be conducted as early as possible for both investigative purposes and to minimise risk of memory contamination and forgetting
What 3 things should you consider when deciding when to interview a witness?
- Investigative factors-what are the needs of the investigation?
- Interviewee factors-what are the needs of the interviewee, involve interviewee in decision
- Memory factors- the longer the delay, the greater the room for contamination
In what circumstances should you consider delaying the interview?
- if a witness is showing signs of trauma, is tired or intoxicated
What does ADVOKATES stand for?
A-amount of time under observation D-distance V- visibility O-obstructions K- Know or seen before A- any reason to remember T- time lapse since seen E- error or discrepancies S- salience
When should you record a statement from witnesses?
When that person can provide investigatively important information and can include;
- witnesses of doubtfully reliability
- Spouses of suspects and offenders
- associates of offenders
- likely defence witnesses
- people suspected of making false complaints
Can a witness decline to be interviewed?
Yes. Interviews are always conducted with consent. There is a statutory obligation under the LTA 1998.
Give examples of witnesses for whom it is investigatively important to maximise accuracy or their statements.
- victims and witnesses of serious offences
- family members of suspects
- witnesses who may later become suspects
What is the best way to maximise the the quality of evidence for an investigatively important witness?
Visually record the interview.
What are the benefits of having a support person present with a witness?
- reduces anxiety
- ensures witness wellbeing and understanding
- aiding your understanding of the witness’ needs
- providing support to the witness leading up to court proceedings
When can a support person be present in the room during an interview?
A person may be present during a recorded video interview if the interviewer considers;
- it is in the interest of the witness and
- the person is an appropriate person to support the witness
When should you always consider using a support person for a witness?
if the witness is;
- under 18 years
- is a victim of sexual assault
- fears of intimidation
- victim or witness of serious offence
- is closely related to the suspect
- has communication difficulty (disability)
Who is an appropriate support person?
- an adult of or over 18 years
- is not a suspect or witness in the matter
- you believe will not pervert the course of justice
- is available within reasonable period of time
You should consider enlisting the help of specialist support persons with?
- Adult sexual assault victims
- Witnesses with communication difficulties
- Witnesses showing signs of extreme trauma
Name two types of specialist interviewers
- Specialist child witness interviewers
- Specialist adult witness interviewers-level 3 trained
can you apply for an alternative way of giving evidence in court?
Yes. Under Evidence Act 2006, section 103.
What factors should you consider when deciding whether to apply for alternative way of giving evidence?
- views of the witness and whether they are under 18
- whether the video will provide the best means of giving evidence
who is a suspect?
Any person whom is believed has or may have committed an offence. Whether or not that person has been charged or there is good cause to suspect that person committed that offence
