Achieving Best Evidence Interviews

Mr Ian Karsten and Mr David Cater

Place

7-8 November 2016

EU Project: Enhancing Criminal Justice in Kazakhstan

ACHIEVING BEST EVIDENCE

UNITED KINGDOM

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INTRODUCTIONSIAN KARSTEN

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INTRODUCTIONSDAVID CATER

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MODERN MODEL 1992

S16 YOUTH JUSTICE & CRIMINAL EVIDENCE ACT 1999

CATEGORIES OF VULNERABLE VICTIMS & WITNESSES▸ Under 18 Or any person with ▸ Mental Disorder▸ Physical disability▸ Significant impairment of intellectual or social

functioning

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S17 YOUTH JUSTICE & CRIMINAL EVIDENCE ACT 1999

CATEGORIES OF INTIMIDATED VICTIMS & WITNESSES▸ Witnesses whose quality of evidence is likely to be

diminished by reason of fear or distress▸ Court should consider a range of factors in deciding▸ Categories automatically qualifying -▸ Victims of sexual assault▸ Witnesses to certain gun and knife offences

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S. 23-30 YOUTH JUSTICE & CRIMINAL EVIDENCE ACT 1999

SPECIAL MEASURES ▸ Screens ▸ Evidence by live video link▸ Evidence given in private▸ Removal of wigs and gowns▸ Video recorded evidence in chief▸ Intermediaries▸ Aids to communication

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YOUTH JUSTICE & CRIMINAL EVIDENCE ACT 1999

VIDEO RECORDED INTERVIEW (VRI)▸ Presumption that evidence of under 18 will be

video’d▸ Witness must be available for cross examination▸ Witness may opt out of VRI▸ Obligation to inform parents / carers etc

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ACCESS TO SPECIAL MEASURES▸ Court decision▸ 3 tests:▸ Is witness vulnerable or intimidated?▸ Will special measures improve evidence?▸ Which special measures most effective?▸ [S.27(2) Video recorded evidence in chief must be in

the interests of justice]

10S.19 YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999

TEXT

INITIAL CONTACT WITH VICTIMS AND WITNESSES▸ Survey (brief account) what has taken place▸ This will influence the criminal investigation plan▸ Forensic medical examination of victim▸ Crime scene examination▸ Interviewing other witnesses▸ Arrest of alleged offender

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TEXT

PLANNING & PREPARATION ▸ Need for police and prosecutors to plan together▸ Importance of timing of interview (see e.g Case

Study)▸ Consider an interview advisor ▸ Identify the aims goals and objectives of the

interview▸ Consider appropriate support for witness throughout

investigation and court process

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TEXT

CASE STUDY▸ The nine year old complainant was medically

examined and straight after that examination the police attempted to conduct an ABE recorded interview.

▸ The needs of and support for the child in this case were secondary to the process and progress of the investigation.

▸ When should a child witness receive therapy if appropriate?

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TEXT

MULTI AGENCY APPROACH▸ Consultation with social services and professionals▸ Social worker may form part of the interview team

(or support specialists e.g child psychologist)▸ Planning to reduce retelling ▸ Assessing individual needs ▸ Provide support: communication aids etc

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TEXT

PRE - INTERVIEW▸ Pre - interview assessments▸ Witness gender, race, culture and ethnicity to be

considered▸ Truth and lies with children – will be recorded

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SOME DANGERS OF INTERVIEWING CHILDREN

Child’s difficulty understanding questions/communicating

Desire to please interviewer Relationship with authority figures Coaching

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THE INTERVIEW

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CONDUCTING AN INTERVIEW▸ Observe conversation norms –▸ Take turns▸ No interruptions▸ Avoid contamination▸ Apply 80-20 rule – see below

PARETO PRINCIPLE

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TEXT

“PEACE” MODEL ▸ Planning & Preparation▸ Engage & Explain▸ Account, clarify (open questions) ▸ Closure▸ Evaluation

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TEXT

PLANNING & PREPARATION ▸ When – time of day etc▸ Where – location - facilities▸ Who – joint team, lead interviewer, monitor,

expertise, gender etc, ▸ What & why – objectives of interview▸ How , agree method, duration, aids, props, expert

support

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STRUCTURE 22

TEXT

ENGAGE AND EXPLAIN▸ Introductions▸ Preliminary conversation – build rapport - lower anxiety▸ Explain ▸ "If you do not understand a question please say”▸ “If you do not know the answer please say” ▸ “Tell me everything - detail is important”▸ Context reinstatement (cognitive interview technique)▸ Handover to witness

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ACCOUNT▸ Obtain free uninterrupted narrative account from

witness using open question▸ Avoid contamination▸ Conversation management –▸ Listening position (see below)▸ Minimal encouragers (see below)▸ Echo (see below)

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LISTENING POSITION

10-2 NO OBSTRUCTIONS FORWARD LEAN

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MINIMAL ENCOURAGERS

NODS OF THE HEADSMILESHAND GESTURESENCOURAGING SOUNDS "SO", "THEN", "OK AND", "AND" …ECHO (SEE BELOW)

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ECHO

LAST WORD / ENERGY WORD

“Things have been bad recently” “Things?”; “Bad?”; “Recently?”

28QUESTIONING

▸ Tell me in detail▸ Explain to me exactly▸ Describe to me precisely▸ Show me▸ If necessary consider non specific prompts e.g “Did

anything else happen?”. Or “Is there more you can tell me?”.

OPEN QUESTIONS

29QUESTIONING CONTINUED

Who, What Where When How Why Closed questions as last resort (inviting yes or no

answer)

SPECIFIC - CLOSED OR PROBING QUESTIONS

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COGNITVE INTERVIEW TECHNIQUES▸ Reinstate the context triggering memory, sounds,

smells, emotions etc▸ Report eveything▸ Change perspective▸ Reverse order recall

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TYPES OF QUESTIONS TO BE AVOIDED▸ Forced – choice questions (“Would you like tea or

coffee?”.)▸ Multiple questions (“Did you see him. What did he

look like?”.) Leading questions (“Was it a red car?”.)

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TOPIC MANAGEMENT▸ Break down the narrative account into topics▸ Deal with topics in a logical order▸ Avoid topic hopping▸ Probe each topic beginning with an open question,

followed by specific – closed questions▸ Finish with closed questions if necessary ▸ Summarise at the end of each topic if appropriate

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CASE SPECIFIC INFORMATION▸ Following completion of the narrative account phase

address questions concerning case specific information e.g investigative leads

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CLOSURE▸ Thank witness▸ Explain what may happen next and what will happen

to the recording▸ Ensure witness is not distressed▸ Provide contact details to witness or carer should

they have any further matters they may wish to discuss

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EVALUATION▸ Review interview record for information obtained and

to identify any urgent actions▸ Review interview for personal development of

interviewer

Thank you for attention!

For any questions please contact:

EU project: Enhancing Criminal Justice in Kazakhstan+77172 237019/21

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EU Project: Enhancing Criminal Justice in Kazakhstan