Transcript Interviewing Vulnerable & Intimidated Witnesses’ ‘The UK

‘Interviewing Vulnerable & Intimidated
Witnesses’
‘The UK Experience’
Iceland Detectives Association
Seminar 2008
Detective Constable Phil Morris LLB(Hons) PGCE PGDip
Presentation Contents
• Legal History to Present Day
• The Planning of Interviews
• Interview Models
History to Modern Day
• Child witnesses and the ‘oath’
• NSPCC lobbying (1885)
• R V Wallwork (1958) – No child under 6 years of
age reliable
• R V Wright (1987) extended the rule to include
children 6 years old
• R V Z [1990] No minimum age
History to Modern Day
• The Criminal Justice Act 1988
• The Pigot Review
• The Criminal Justice Act 1991
History to Modern Day
• The Memorandum of Good Practice
• Planning, location, equipment
• ‘The Phased Approach’ – rapport, free recall,
questioning & closure
History to Modern Day
• The Criminal Justice & Public Order Act 1994
• DPP V M (1997)
• The Youth Justice & Criminal Evidence Act 1999
• Achieving Best Evidence In Criminal
Proceedings
The Youth Justice & Criminal
Evidence Act 1999
• S16 – Vulnerable Witnesses
• S17 – Intimidated Witnesses
The Youth Justice & Criminal
Evidence Act 1999
Vulnerable Witnesses include:
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All Child Witnesses under 17 years
Witnesses with Mental Health Illnesses
Witnesses with Learning Disabilities
Witnesses with Physical Disabilities
The Youth Justice & Criminal
Evidence Act 1999
Intimidated Witnesses
include:
•Repeat Victims
•Victims of Rape/Serious
Sexual Assault
•Victims/Witnesses who
know the offender
•Victims/Witnesses who
are intimidated due to fear
or distress to testifying at
court
•Victims of Domestic
Abuse
•Racially Motivated Crimes
The Youth Justice & Criminal
Evidence Act 1999
Special Measures include:
• Screens (S23)
•Video recorded evidence in
chief (S27)
• Live Link (S24)
•Video recorded Cross
Examination (S28)
•Evidence given in Private
(S25)
•Use of an Intermediary
(S29)
•Removal of wigs & Gowns
(26)
•Communication Aids (S30)
The Murders of Charlene Ellis &
Letisha Shakespeare
• Total witness anonymity for 4 witnesses including
pseudonyms
• Voice distortion that lowered pitch of witnesses
voices
• Dock was sealed to ensure real voices could not
be heard
• Time delay used to avoid accidental identification
The Murders of Charlene Ellis &
Letisha Shakespeare
• Defence claimed breach of Article 6 (fair trial)
• Court of Appeal said measures were not unfair if a
need was clearly established, cross examination
allowed and trial as a whole was deemed fair
• Recent House of Lords authority had made it
clear that a court’s discretion in allowing
anonymous evidence was acceptable
R V Davis - House of Lords 2008
• Three witnesses allowed anonymity, pseudonyms &
voice distortion
• Common law right from Roman times that a
defendant should be able to confront his accusers in
order to cross examine and challenge the evidence
• Lords deemed breach of common law & ECHR
• Prevented defendant exploring if witnesses had a
motive for lying or exaggerating
R V Davis - House of Lords 2008
• A trial will be unfair if two conditions are met
• Anonymous evidence is the sole or decisive basis
of the prosecution case and
• Where the anonymous nature of the evidence
prevents effective cross examination to support
the defence case
R V Davis - House of Lords 2008
• The Criminal Evidence (Witness Anonymity) Act
2008
• Police should obtain as much additional evidence
as possible so that the witness is not the sole or
decisive evidence
• Superintendent makes request to the CPS in
writing for witness anonymity
R V Davis - House of Lords 2008
• Full evidential statement with witness detail
• Revised statement with personal details removed
• Statement from the witness setting out their
concerns
• Full risk assessment explaining why normal
protection measures are insufficient
• Why are special measures insufficient
R V Davis - House of Lords 2008
• What measures have already been taken (e.g.
house move)
• Background of witness including pre cons & bad
character
• Any relationship between the witness and the
defendant
• Whether the police may have cause to doubt the
evidence of the witness
The Planning of a Video
Interview (The Witness)
•Rapport – Preferred name,
interests, hobbies,empathy
•Gender & Culture issues?
•Attention/Memory Span ?
•Any medication being
taken?
•Emotional or physical state?
•Effect of any mental health
or learning disabilities?
•How many interviews/breaks
will be needed?
•Professionals already working
with the family?
•The need for an Interpreter?
•The need for an Intermediary?
•Where is the best place to
conduct the interview?
The Planning of a Video
Interview (The Investigation)
•What other evidence is
already available?
•What are the objectives of
the interview?
•What happened?
•Who was involved?
•Where did it happen?
•When did it happen?
•What evidential points to
prove does the interviewer
need to show?
•Who is the best person to
conduct the interview?
•What should we do if it the
witness is lying?
•How can we challenge a
witness who we suspect of
lying?
The Enhanced Cognitive
Interview For Vulnerable
Witnesses
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For Compliant Witnesses
Rapport / Empathy
Ground Rules
Free Recall
Active Listening / Use of Silence
Interruptions
Summarise Free Recall
Setting Parameters
The Enhanced Cognitive
Interview For Vulnerable
Witnesses
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TED Questions
4WH (not ‘why’)
Context re-instatement
Changing perspective
The Use of Drawings
Changing or Reverse Order
Closure
The Management of
Conversation Model
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For Reluctant/Hostile Witnesses
Witnesses who struggle to remember
Requires awareness of topics
Rapport / Empathy
Free Recall
Probe, summarise & link
If Witness starts to talk revert to cognitive model
‘Interviewing Vulnerable & Intimidated
Witnesses’
‘The UK Experience’
Iceland Detectives Association
Seminar 2008
Detective Constable Phil Morris LLB(Hons) PGCE PGDip