Interviewing & evidence notes Flashcards
PEACE, ADVOKAT, Q's etc
PEACE MODEL
Plan and prepare
Engage and explain
Account
Closure
Evaluation
Describe the Planning and preparation phase of the interviewing model (PEACE)
- Establish the aim and purpose of the interview.
- what info do you have, need, facts known and facts need to be known.
Describe engage and explain phase of interviewing model (PEACE)
- Build raport with the interviewee
- explain process and legal requirements
describe the Account phase of interviewing model (PEACE)
- The main part of the interview, asking the interviewee to recall the event in detail
- using both the cognitive approach and conversation management to establish a detailed account.
describe the Closure phase of the interviewing model (PEACE)
- summarise the main points of the interviewee’s account.
- any legal issues or obligations discussed
- thank the interviewee
describe the evaluation phase of the interviewing model (PEACE)
- Post interview, review the information and assess reliability of interviewee and info they gave
- consider what info is still missing. any elements that need to be established
Cognitive Approach
Asking the interviewee to describe the event. Don’t interupt or ask leading questions.
Ask them to recall the event again.
Conversation Management
Ask interviewee what happened, then divide the story into sections/focal points and ask more detail about each.
probe focal points in chronological order for more detail
summarise account back to interviewee to confirm understanding
4 core skills of interviewing
- plan & prepare
- Active listening
- Rapport Building
- Questioning
6 closing questions
1 - is there anything further you wish to say?
2 - have your answers to my questions been made of your own free will?
3 - has any threat promise of offer of advantage been held out to you during this conversation
4 - will you now read aloud my record of our conversation?
5 - is it a correct record of our conversation?
6 - will you now sign my police notebook as a correct record of our conversation
TEDS question
- opening questions to assist subject recal, used at the begining of interview
tell me…
explain to me…
describe to me…
show me…
5WH questions
Who, What, When, Where, Why, How
description of ADVOKAT
list of questions to rest the reliability and credibility of the eyewitness
- amount of time under observation
- distance from incident
- visibility at the time
- obstructions in view
- known or seen before
- any reason to notice
- time since observations
Closed questions
typically done at the end of interview to ellicit a short answer for gathering crucial information
What is hearsay?
information gathered by word of mouth or secondhand information
why is hearsay excluded in court?
because the truth of the statement can’t be tested unless the original source of information is called to give evidence and be cross-examined
Exceptions to hearsay evidence (FATBITCH)
First hand hearsay person unavailable (EA s65)
Admissions (EA s81)
Telecomms and electronic records (EA s71)
Business records (EA s69)
Identification of a person, place, thing (EA s66)
Tags, labels and writing (EA s70)
Contemporaneous notes about a person’s health
Hearsay for a non hearsay purpose (EA s60)0
Admissibility of evidence
Relevance - relevant to situation
Reliable - accuracy of evidence
Fairness - gathered legally
Opinions
- a view or judgement about something, not necessarily based on knowledge
- opinions are unreliable and unfair to the accused, however there are exceptions
- Evidence Act s78 - Lay opinion
opinion is based on what person saw, heard, or perceived about matter
“I saw that drunk man over there” - (what made you think they were drunk?) - Evidence Act s79 - Expert Opinion
Specialised knowledge based on persons training, study, exp
Types of evidence
Original - facts perceived by witness
Real - Physical evidence (DNA, stolen goods etc)
Documentary - evidence contain in documents
Direct - facts that support the truth of an assertion
Indirect - circumstantial evidence, when combined with additional evidence proves guilt. (CCTV_
Inculpatory - evidence that proves guilt
Exculpatory - evidece that exonerates accused
What are Facts Sheets
A document presented to court that has a comprehensive record of the alleged actions of the accused in chronological order that satisfies all elements of an offence.
When are fact sheets prepared
when there are criminal proceedings against a person via FCAN, FSCAN, Arrest
Componenets of a Fact sheet
- Antecedents
- Elements of the offence
- succint narrative of the event
- types of evidence, admissions - and your reasonable cause to suspect
- offenders/accused, Victims, witness, injuries, property value, drug value, expert evidence
what are facts sheets used for?
for the court and the accused to establish the facts and key points that is clear, succinct and easy to understand
