Conducting the interview
Introduction
3.1 The basic goal of an interview with a witness is to obtain an accurate
and reliable account in a way which is fair, is in the witness’s interests
and is acceptable to the court. Over the years, many professionals have
recommended the use of the phased approach of interviewing, starting
with a free narrative phase and then gradually becoming more and
more specific in the nature of the questioning in order to elicit further
detail.
3.2 However, inclusion of a phased approach in this guidance should not be
taken to imply that all other techniques are necessarily unacceptable or
to preclude their development. It is important to remember that the
phased interview was primarily developed for interviewing witnesses
who are reasonably articulate. The fact that the phased approach may
not be appropriate for interviewing some witnesses with the most
challenging communication skills (e.g. those only able to respond ‘yes’
or ‘no’ to a question) should not mean that the most vulnerable of
witnesses are denied access to justice. Neither should what follows be
regarded as a checklist to be rigidly worked through. Flexibility is the
key to successful interviewing. Nevertheless, the sound legal framework
it provides should not be departed from by interviewers unless they have
discussed and agreed the reasons for doing so with their senior
manager(s) or an interview adviser (see National Investigative
Interviewing Strategy, Association of Chief Police Officers 2009).
3.3 For all witnesses, interviews should normally consist of the following
four main phases:
• Establishing rapport;
• Initiating and supporting a free narrative account;
• Questioning; and
• Closure.
3.4 The typical structure of phased interviews conducted in accordance
with this guidance is set out in figure 3.1 below.
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Conducting the interview Achieving Best Evidence in Criminal Proceedings
Figure 3.1: Typical interview structure
Preliminaries
Brief neutral topics
Rapport Ground rules
Initiate
Free Narrative Account
Sustai
n
May be a
separate
Questioning
Topic Division
recording
Topic Topic Topic Topic
Case-specific information important to the
investigation
Topic Topic Topic Topic
Evidence
Alleged incident
Not usually
evidence
Background material
(e.g. history of
relationships,
places frequented,
routes usually
taken, use of
mobile phones,
vehicles, etc.)
Closure
This chapter describes each phase in greater detail.
3.5 The planning phase, which will have occurred prior to the interview,
should provide guidance to the interviewer about what might be
achieved in each of the four main phases of the interview (e.g. ‘whether
the witness able to communicate via free recall’). No interview should be
conducted without prior, proper planning. While research has found that
the accounts of some types of vulnerable witnesses are less complete
than those of other witnesses, these are not necessarily less accurate if
the interviewing is conducted appropriately.
3.6 The interviewer will need to pitch the language and concepts used (see
below) to a level that the witness can clearly understand, while the focus
should be on recognising and working with the witness’s capabilities
rather than limitations.
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Achieving Best Evidence in Criminal Proceedings Conducting the interview
Phase One: Establishing Rapport
Preliminaries
3.7 After confirming that the equipment is working and has been set up
correctly, the interviewer should say out loud the day, date, time and
place (not the detailed address) of the interview and give the relevant
details of all those present. The interviewer should then briefly mention
the reason for the interview in a way that does not refer directly to an
alleged offence. Interviewers should be aware that while some witnesses
will, from the outset, be very clear concerning what the interview is
about, other witnesses will not.
Neutral Topics
3.8 Rapport is essential, and good rapport between the interviewer and the
witness can improve both the quantity and quality of information gained
in the interview. One of the reasons for rapport being so important is
that the witness’s anxiety, whether induced by the crime and/or the
interview situation (or otherwise), needs to be reduced for maximum
recollection. This is because people only have a limited amount of
processing capacity and the aim is to have the witness’s full power
devoted to retrieving as much information as possible. One way to
achieve this is to start by briefly asking some neutral questions not
related to the event which can be answered positively and, therefore,
create a positive mood. It
is important that the style of any questions used during this phase
are consistent with those to be used during the rest of the
interview (i.e. predominantly open) so that the witness get used to
the kind of elaborated responses that will be required later.
3.9 It is important that any discussion of neutral topics in the rapport
phase is completed within a relatively short space of time.
Interviewers should remember that a lengthy rapport phase may result
in:
• Some witnesses getting tired before they are asked to provide
an account, this could have an adverse impact on the quality of
their evidence;
• Some witnesses getting confused about the purpose of the
interview, this could increase in their anxiety.
3.10 If the interview plan suggests that discussing neutral topics for a lengthy
period of time may be beneficial (e.g. with very young witnesses,
witnesses with a learning disability, some traumatised witnesses) it
should take place as part of witness preparation before the interview
commences (see paragraphs 2. 220 to 2.234).
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Conducting the interview Achieving Best Evidence in Criminal Proceedings
3.11 Interviewers should be aware that it is neither desirable nor essential to
discuss neutral topics in every interview. Where a witness is anxious to
begin their account of the alleged incident(s) as soon as possible a
discussion of neutral topics could be counterproductive by needlessly
prolonging the rapport phase thus increasing their anxiety levels. In any
event, rapport should not be regarded as something that is confined to
the first phase of an interview; it begins when the interviewer first meets
the witness and continues throughout the interview.
Ground Rules
3.12 It is important to explain to the witness what is to be expected from
them, as for most witnesses an investigative interview is an alien
situation. People typically fear the unexpected, and by describing the
interview process this fear can be reduced. The interviewer, therefore,
needs to give an explanation of the outline of the interview. Typically
the outline will take the form of the interviewer asking the witness to
give a free narrative account of what they remember and following this
with a few questions in order to clarify what the witness has said.
Witnesses should also be told that:
• If the interviewer asks a question they do not understand or asks a
question that they do not know the answer to, they should say so;
and
• If the interviewer misunderstands what they have said or
incorrectly summarises what has been said, they should point this
out.
3.13 Some vulnerable witnesses may be under the false impression that
the interviewer already knows much or all that happened and that
their role, being eager to please, is merely to confirm this. It is
crucial that interviewers inform witnesses, in ways that the latter
understand, that:
• They were not present at the event(s);
• They do not yet know what occurred; and
• Supplying detail is important.
3.14 It should be made clear that the witness can ask for a break at any time.
These may be required more frequently than with other witnesses. In
order for some vulnerable witnesses to have some control over a request
for
a break and yet not have to make a verbal request, a ‘touch card’ can be
useful; that is, a card is placed beside witnesses which they can touch
when they want a break. The break can provide an opportunity for
refreshment. Such breaks should never be used as an inducement to
witnesses.
