Flashcards in Investigative Interviewing Deck (19):
What is the purpose of interviewing a witness?
To gather the witnesses account of alleged events and any other information that could assist.
Who is a witness?
A person who has information about an alleged offence or offender.
Can a victim act as a witness?
What are the 3 key things to do if you have multiple witnesses that if not completed may risk memory contamination?
Seperate the witnesses asap. Interview the witnesses individually and ask the witnesses not to discuss.
What should you do if a witness becomes a suspect?
Adopt procedures for interviwing a suspect i.e cautioning the person and interviewing them on DVD.
Under section 2 of the criminal investigations (Bodily samples) Act 1995 who is a suspect?
A suspect is any person whom it is thought has or may have committed that offence, wether they have been charged with the offence or there is good cause to suspect.
What are the 10 principles of investigative interviewing?
1. Interviewing is at the heart of an investigation.
2. The aim of an interview is to find out the truth.
3. Information must be complete, accurate and reliable.
4. Keep an open mind.
5. Act fairly.
6. Questioning can be persistent.
7. Some witnesses require special consideration.
8. Suspects must be interview in accordance to the law.
9. Special care must be taken to identify suspects required special consideration.
10. Be sensistive to cultural/religional beliefs.
What are some examples of witneses who require special consideration?
Children, elderly, disabled, health problems, language barriers, victims of sexual assault or family violence. Traumatised victims, intoxicated persons.
Why must an interview be conducted as early as possible?
For both investigative purposes and to minimise the risk of memory contamination and forgetting.
What are the 3 things you should consider when deciding when to interview a witness?
Intestivgative factors, interviewee factors and memory factors.
When is it a good idea to consider delaying a witness interview?
If the witness/victim is showing signs of trauma.
In relation to question types, what does TEDS and 5WH relate to?
Tell, explain, describe, show.
What, when, why, who, where, how.
When interviewing what does ADVOKATES stand for?
Amount of time
Known or seen before
Any reason to remember?
What does section 103 of the evidence act 2006 relate to?
The application for evidence to be given by alternative means.
What does guideline one of the chief justice practice note state?
All members of Police investigating an offnce may ask questions of any person but must not suggest that is is compulsory to answer.
What does guideline two of the chief justic practice notes state?
Caution rights must be given to any person who has sufficent evidence against them or when the person is in custody.
When should the reasoning for questioning be explained to the susect?
When is in necessary to repeat a persons caution rights.
When a person is arrested or detained and the rights were given prior to this. After lengthy breaks in an interview. If the topic/offence changes.