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1 – 10 of 22High-profile critical incidents involving multiple witnesses, particularly terrorist attacks, have increased over the years. The purpose of this paper is to describe the…
Abstract
Purpose
High-profile critical incidents involving multiple witnesses, particularly terrorist attacks, have increased over the years. The purpose of this paper is to describe the components of a witness interview strategy for this type of investigation. Central to these cases is a need for a triage system which deals with a large number of witness/victim interviews that must be conducted fast time.
Design/methodology/approach
This paper was developed based on the experience of the authors who provide practical advice and support to these types of investigations and a dialogue with police interview advisers involved in developing this type of strategy.
Findings
A witness interview strategy for critical incidents involving multiple witnesses should be set within a framework that covers initial contact with the witnesses, the interview process and post-interview processes.
Practical implications
It is important that a witness interview strategy is developed for any critical incident involving multiple witnesses to ensure that what could otherwise be a chaotic process is effectively managed.
Originality/value
No other papers have been published that consider the development of witness interview-strategies for multiple-witnesses in critical incidents.
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Brendan M. O’Mahony, Becky Milne and Kevin Smith
Intermediaries facilitate communication with many types of vulnerable witnesses during police investigative interviews. The purpose of this paper is to find out how intermediaries…
Abstract
Purpose
Intermediaries facilitate communication with many types of vulnerable witnesses during police investigative interviews. The purpose of this paper is to find out how intermediaries engage in their role in cases where the vulnerable witness presents with one type of vulnerability, namely, dissociative identity disorder (DID).
Design/methodology/approach
In phase 1, data were obtained from the National Crime Agency Witness Intermediary Team (WIT) to ascertain the demand for intermediaries in DID cases in England and Wales within a three-year period. In phase 2 of this study four intermediaries who had worked with witnesses with DID completed an in-depth questionnaire detailing their experience.
Findings
Referrals for DID are currently incorporated within the category of personality disorder in the WIT database. Ten definite DID referrals and a possible additional ten cases were identified within this three-year period. Registered Intermediary participants reported having limited experience and limited specific training in dealing with DID prior to becoming a Registered Intermediary. Furthermore, intermediaries reported the many difficulties that they experienced with DID cases in terms of how best to manage the emotional personalities that may present.
Originality/value
This is the first published study where intermediaries have shared their experiences about DID cases. It highlights the complexities of obtaining a coherent account from such individuals in investigative interviews.
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Martin Vaughan, Rebecca Milne, Gary Dalton and Steven Retford
High-stake crime investigations include cases such as murder and rape. The purpose of this paper is to outline the components of an interview strategy for suspects. In the UK…
Abstract
Purpose
High-stake crime investigations include cases such as murder and rape. The purpose of this paper is to outline the components of an interview strategy for suspects. In the UK, these interviews are often managed by Interview Managers who are tasked with developing effective interview strategies with the aim of ensuring all parties involved in the interview process are dealt with ethically and legally using research-based methods.
Design/methodology/approach
This practitioner paper is based on the experience of the authors who have provided advice and support during high-stake crime investigations both nationally and internationally using the research-base to underpin their practical advice.
Findings
To be effective, a suspect strategy constructed by an Interview Manager in high-stake crime investigations should be designed within a framework that covers the provision of strategic advice on research-based interview processes including: co-ordination of the interview process, monitoring of the interview process and evaluation of the interview process.
Practical implications
To ensure interviews are effectively managed during high-stake crime investigations, the suspect interview strategy must be developed to a professional standard to allow for quality assurance and outside scrutiny.
Originality/value
To the best of the authors’ knowledge, this is the first published paper that outlines the nature of a suspect strategy that is based on a Framework consistent with elements of the UK National Occupational Standards.
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Brendan M. O'Mahony, Rebecca Milne and Kevin Smith
The purpose of this paper is to find out what role intermediaries have in facilitating communication with victims and prisoners at Parole Board (PB) oral hearings.
Abstract
Purpose
The purpose of this paper is to find out what role intermediaries have in facilitating communication with victims and prisoners at Parole Board (PB) oral hearings.
Design/methodology/approach
A survey was designed and administered to 39 PB members to find out their perceptions of, and experiences with, the use of intermediaries. Frequency tables and verbatim quotations are used to report the results.
Findings
Overall, participants had not experienced any use of intermediaries with victims or family members presenting victim personal statements at an oral hearing. Further, there had been limited use of intermediaries for prisoners attending oral hearings. Nevertheless, there was a good recognition of a range of communication needs that a prisoner might present with at a hearing. There was also general support for the use of intermediaries with some caution about possible delays to procedural fairness.
Practical implications
The early identification of communication support needs for prisoners and victims attending an oral hearing is essential. The PB should raise awareness with the PB Membership about the role of intermediaries. The PB should continue to develop guidance and policy surrounding intermediaries. Prison lawyers and HM Prison and Probation Service may require specialist training in identifying communication needs in vulnerable prisoners and identifying when a communication specialist might be required for an oral hearing.
Originality/value
To the best of the authors’ knowledge, this is the first published paper examining the role of intermediaries at PB oral hearings. It builds on the evidence base of the use of intermediaries in other criminal justice contexts.
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The purpose of this paper is to consider a major cause of miscarriages of justice worldwide, namely the police investigative and interviewing process.
Abstract
Purpose
The purpose of this paper is to consider a major cause of miscarriages of justice worldwide, namely the police investigative and interviewing process.
Design/methodology/approach
This phenomenon is examined through the lens of psychiatric and psychological research findings and subsequent recommendations that have made a significant impact in term of changes to legislation, policy, and practice in the UK.
Findings
The paper shows that despite major improvements in this area in the UK there is still no room for complacency, as miscarriages of justice continue to occur both here and worldwide.
Research limitations/implications
This paper calls for researchers to continue to identify the weaknesses in the police investigative and interview process and to propose reform based on their scientific findings.
Originality/value
The paper highlights what remains a somewhat neglected piece of the investigative jigsaw, namely the interviewing of adult victims and witnesses, pinpointing this as an area where transparency and further research is required.
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Nina J. Westera, Mark R. Kebbell and Becky Milne
Legislation in many developed nations allows for the video‐recorded interview of a witness made during the investigation to be used as his or her evidence‐in‐chief at trial. The…
Abstract
Purpose
Legislation in many developed nations allows for the video‐recorded interview of a witness made during the investigation to be used as his or her evidence‐in‐chief at trial. The purpose of this paper is to discuss the challenges for the criminal justice system of trying to make one interview meet both investigative and evidential purposes.
Design/methodology/approach
Advances in effective police interviewing strategies are outlined and evaluated with regards the implications of presenting evidence elicited in this manner in court.
Findings
As with any significant change, the move towards this method of evidence presents challenges. However, using this video record as evidence will ensure that the best evidence is preserved and the jury has access to a transparent record that is more accurate and complete than previously experienced.
Originality/value
The paper acknowledges that concerns over any extra time taken by using video recording must be taken into account, but also balanced against the likely long‐term benefits, not only in fairness to the proceedings but also by easing the process for victims and witnesses.
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Gavin E. Oxburgh and Coral J. Dando
The purpose of this paper is to discuss two distinct but interrelated areas, namely witness/victim and suspect interviewing, and to argue that both must continue to evolve…
Abstract
Purpose
The purpose of this paper is to discuss two distinct but interrelated areas, namely witness/victim and suspect interviewing, and to argue that both must continue to evolve, suggest how they might do so, and that this process must be driven by emergent theory and contemporary empirical research.
Design/methodology/approach
The paper outlines the impact of psychological theory and empirical research to investigative interviewing in recent decades.
Findings
It is argued that in order to stay ahead of the game, the field of investigative interviewing (suspect and witness) must continue to evolve in such a manner that not only protects and fosters the important practitioner/academic relationship, but also ensures that future directions are driven by empirical research, with recourse to emergent theory.
Originality/value
The paper outlines the impact of psychological theory and empirical research on investigative interviewing and the consequent enhancement of the interviewing of both suspected offenders and witnesses. The paper demonstrates that working closely together academic research can make a difference, and influence law, policy decisions and training guidelines in order to improve practice.
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Brendan M. O'Mahony, Kevin Smith and Becky Milne
The purpose of this paper is to examine how Registered Intermediaries are used in the England and Wales to facilitate communication between vulnerable witnesses, victims and…
Abstract
Purpose
The purpose of this paper is to examine how Registered Intermediaries are used in the England and Wales to facilitate communication between vulnerable witnesses, victims and police investigators and criminal courts.
Design/methodology/approach
The paper focuses on the need for early identification of the vulnerable person so that support measures can be put in place from the outset to assist them to provide their testimony.
Findings
It is noted that real progress has been made by the introduction of legislation, specifically the Youth Justice and Criminal Evidence Act (1999), and the uptake by the police service of the subsequent special measures put in place. However, the criminal justice service cannot afford to be complacent as research demonstrates that the police and the courts need to be more effective in managing these issues.
Originality/value
The paper recommends that support measures are widened to include witnesses and suspects being interviewed by the Independent Police Complaints Commission, HM Customs and Revenue, the Department of Health and the Department of Work and Pensions.
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The purpose of this paper is to examine the quality of evidence collected during interview. Current UK national guidance on the interviewing of victims and witnesses recommends a…
Abstract
Purpose
The purpose of this paper is to examine the quality of evidence collected during interview. Current UK national guidance on the interviewing of victims and witnesses recommends a phased approach, allowing the interviewee to deliver their free report before any questioning takes place, and stipulating that during this free report the interviewee should not be interrupted. Interviewers, therefore, often find it necessary during questioning to reactivate parts of the interviewee's free report for further elaboration.
Design/methodology/approach
The first section of this paper draws on a collection of police interviews with women reporting rape, and discusses one method by which this is achieved – the indirect quotation of the interviewee by the interviewer – exploring the potential implications for the quality of evidence collected during this type of interview. The second section of the paper draws on the same data set and concerns itself with a particular method by which information provided by an interviewee has its meaning “fixed” by the interviewer.
Findings
It is found that “formulating” is a recurrent practice arising from the need to clarify elements of the account for the benefit of what is termed the “overhearing audience” – in this context, the police scribe, CPS, and potentially the Court. Since the means by which this “fixing” is achieved necessarily involves the foregrounding of elements of the account deemed to be particularly salient at the expense of other elements which may be entirely deleted, formulations are rarely entirely neutral. Their production, therefore, has the potential to exert undue interviewer influence over the negotiated “final version” of interviewees' accounts.
Originality/value
The paper highlights the fact that accurate re‐presentations of interviewees' accounts are a crucial tool in ensuring smooth progression of interviews and that re‐stated speech and formulation often have implications for the quality of evidence collected during significant witness interviews.
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