Part 10 Witness Management in Serious Crime

Question 1

OC investigation should utilise directing resources towards identifying witnesses. List the methods that may be utilised.

Answer 1

• Viewing CCTV
• Media releases and appeals
• Area canvass
• Interviews with victims and other witnesses
• Suspect interviews
• Anniversary appeals
• Road check points

Question 2

How should “recordings” from witnesses be dealt with?

Answer 2

• Obtain informed consent from witness to hand in device to police.
• Arrange technician to meet witness and download recordings at the earliest opportunity
• When the recording is not immediately available advise the witness to retain the recording until a qualified technician can obtain
• When consent is not obtain consider grounds to evoke a warrantless search or obtain a search warrant

Question 3

What are the benefits to conducting an early Prelim interview form a witness?

Answer 3

• early identification or arrest of a suspect
• recovery of evidence or information relevant to the offence
• prevention of the imminent disposal or destruction of evidence connected to the investigation
• prevention of the commission of other offences.

Question 4

It is important not to contaminate the witnesses recall. To avoid this list factors of a Prelim interview.

Answer 4

• Conduct in accordance with the “Investigative Interviewing Witness Guide”
• Use open TEDS Qs
• Frame to elicit brief account of the events witnessed.

Question 5

Before any interview the investigator must make an assessment of the witness and consider how the witness interview should be conducted. List the factors of this assessment of the witness.

Answer 5

• whether due to the personal characteristics of the witness or the circumstances of the offending, the witness requires special consideration
• availability of the witness
• any needs the witness has for special assistance
• the optimum approach to be taken with the witness

Question 6

When selecting an appropriate interviewer for a witness what issued should be considered?

Answer 6

(1) The level of training of the interviewer - level 3 interviewer
- Should be conducted by an accredited Level 2 advanced interviewer
- When a child interview is in question ensure the child is EVI with the specialist interviewer.
(2) Experience of the officer has in interviewing and any additional skills the interviewer has that could be advantageous int he circumstances.
(3) Suitability of the officer, consider welfare issues and previous experiences officer has had with witness either positive or negative.

Question 7

What does a witness interview plan normally cover?

Answer 7

• Time and location of interview
• Amount of info to be disclosed
• Interview objectives
• Supporting interview ie interview monitor
• Structure of interview ie recorded, written, audio

Question 8

After conducting witness interview, list the factors in the “Debrief phase”

Answer 8

• debriefing the interviewers
• identifying any need for supplementary interviews
• the assessment of any risk to the witness and identification of any associated steps required to ensure their ongoing support and safety.

Question 9

What financial support is offered?

Answer 9

• Grant of up to $1500 for families of homicide victims
• Free counselling for families of murder or manslaughter victims. Initial 6 hours increased to 15 with a maximum of 30 hours.

Question 10

What are the FLO responsibilities to Witnesses?

Answer 10

Maintaining Contact - Ensure next of kin are updated regularly with both enquiry and court proceedings as directed by 2IC.

Question 11

What are the OC Witnesses and 2IC Investigations to Witnesses?

Answer 11

Ensure court attendance - Maintain contact, ensure they are summoned and available to appear in court
Court proceedings - Ensure witnesses are full briefed and their responsibilities.
Witness Intimidation - By maintaining contact Police will become aware of and can take appropriate action ie witness protection program
Witness order - Generally OC Exhibits goes first
Witness Media interest letters - Advise witness and victims family of anticipated media interest and consequences of talking with them.
Interpreter issues - Initiate interpreter services if required
Welfare issues - Welfare and needs of witnesses must be considered throughout investigation and court process
Witness control - DO NOT have contact with Jurors/Discuss case publicly/Discuss case with other witnesses throughout proceedings
Refresh Memory - FWS reviewed EVI watched
Arrange name suppression - Advise of any victims or witnesses wanting name suppression and inform crown solicitor.
Expenses - Complete required expense forms

Question 12

What is the File managers responsibilities to witnesses?

Answer 12

Ensure appropriate documents are completed and that their views are taken into consideration.

Pol 1060 - Record of victim contact.
Pol 392 - Victim impact statement.
CSV1 - Court Services Victim Referral.
Pol 128 - Bail opposition, where grounds exist.
Pol 1065 - Victim request to be notified of bail etc.