Use of Planning Information
Overview
2.168 The planning information should be used to:
• Set the objectives for the interview;
• Determine the techniques used within the phased interview; and
• Decide:
• The means by which the interview is to be recorded;
• Who should conduct the interview and if anybody else should
be present (including social support for the witness);
• If anybody should monitor the interview (e.g. investigating
officer, supervising officer, specialist/interview adviser, etc.)
and who will operate the equipment;
• The location of the interview;
• The timing of the interview;
• The duration of the interview (including pace, breaks and
the possibility of more than one session); and
• What is likely to happen after the interview.
Objectives
2.169 Setting clear objectives is important because they give direction to
the interview and contribute to its structure. The interview
objectives should focus on:
• The alleged incident or event(s);
• Any case-specific information important to the investigation.
The aim of the interview should be to achieve all the objectives that
are set for it while being as concise as reasonably possible.
Techniques
2.170 The kind of techniques used within the phased structure should vary
according to what is known about the witness and the offence when
planning the interview, as well as how the witness behaves and what
emerges during the interview itself. For example, while some of the
cognitive mnemonics referred to in Appendix H may be useful with an
eyewitness who is able and willing to participate in the process such
techniques are unlikely to be productive while a witness remains hostile
and less co-operative.
How the Interview is to be Recorded
2.171 To make an application for the record of an interview with a vulnerable or
intimidated witness to be played as evidence-in-chief, the interview must be
visually recorded. However, as is the case with the other Special Measures,
video-recorded interviews can only be used as evidence-in-chief if three
‘tests’ are met. These ‘tests’ are set out in Section 19 Youth Justice and
Criminal Evidence Act 1999 as follows:
a) Whether the witness is ‘vulnerable’ or ‘intimidated’ as defined by
Sections 16 and 17 Youth Justice and Criminal Evidence Act
1999;
b) Whether any of the Special Measures or any combination of them
are likely to improve the quality of the witness’s evidence;
c) Which of the available Special Measures are most likely to
maximise the quality of the witness’s evidence.
2.172 The practical effect of these tests is that even where a witness may be
eligible for Special Measures it does not necessarily follow that playing a
video-recorded interview as evidence-in-chief is going to be the best way
of achieving their best evidence; in some cases other Special Measures
such as live evidence-in-chief from behind a screen or via a television link
may be of more assistance to them.
2.173 Interviews with significant witnesses should generally be video-recorded for the
reasons set out in paragraph 1.25. It is important to note that there are no
statutory provisions that permit the playing of video-recorded interviews
with significant witnesses as evidence-in-chief although interviewers should
be aware that the defence might ask the court for permission to play some or
all of the recording in support of their case. The options for adducing the
testimony on the recording as evidence in chief are set out in paragraphs 2.135
and 2.136 of this document.
2.174 Where a significant witness withholds consent for the interview to be
video-recorded, consideration should be given to making an audio-
record of it. Where a witness withholds consent for the interview to be
audio-recorded, a written record in the form of notes should be made of
it. In any event, a Criminal Justice Act statement should subsequently
be compiled from the visual/audio-recording or notes. The statement
should then be adduced as evidence and the visual/audio-recording or
notes revealed to the CPS.
2.175 Where an interview with a significant witness has been recorded by means
of visual or audio-recording equipment, consistency between what was said
by the witness during the interview and what is recorded on the witness’s
Criminal Justice Act statement is likely to be greater if the visual or audio
record is reviewed prior to the statement being drafted. This is particularly
true of complex or lengthy interviews where witnesses and interviewers
alike could suffer from the effects of fatigue. It is, therefore, important for
there to be a break between the interview and the witness reviewing and
signing their Criminal Justice Act 1967 statement. In complex cases, it
might be advantageous for the statement to be checked independently
against the recording prior to the witness being invited to review and sign it.
2.176 In circumstances where there are grounds to believe that the witness
may not return to review and sign the statement, consideration may be
given to obtaining a brief written statement from the witness followed by
the production of a transcript of the video-recording as an exhibit (as
per option 1 in paragraph 2.135).
2.177 Regardless of how the interview is recorded, notes should always be taken that
are sufficiently detailed to assist the investigating officer to determine any
further lines of enquiry that might be necessary and to brief the custody officer
and any other interviewers where a suspected offender is in custody.
Responsibility for the compilation of such notes should be agreed during the
planning phase of the interview. This responsibility should
fall to the interview monitor, where they are in the adjoining room with
the monitoring equipment, or the recording equipment operator. While
interviewers should consider taking brief notes to assist them during the
free narrative phase of the interview where this is appropriate, they
should not be responsible for taking notes for the purposes of briefing
others because this is likely to distract the witness, obstruct the flow of
recall and slow the interview process down, thus hindering the
maximum retrieval of information.
Interviewers and Others Present at the Interview
The Interviewer
2.178 Consideration should be given to who is best qualified to lead the interview.
A special blend of skills is required to take the lead in video-recorded
interviews. The lead interviewer should be a person who has established or
is likely to be able to establish rapport with the witness, who understands
how to communicate effectively with witnesses who might become
distressed, and who has a proper grasp of the rules of evidence and
criminal offences. The lead interviewer must have good knowledge of
information important to the investigation, including the points needed to
prove particular offences.
2.179 In addition to taking account of the prospective interviewer’s skills,
the following factors should be taken into consideration when
considering who should conduct the interview:
• The experience of the prospective interviewer in talking to
witnesses in respect of the type of offence under investigation,
and any other skills that they possess that could be useful;
• Any personal or domestic issues that the prospective interviewer has
that might have an adverse impact on the interview; and
• Whether any previous experience that the prospective interviewer has
with the witness is likely to either inhibit rapport building or give rise to
challenges of coaching, prompting or offering inducements.
2.180 The witness’s gender, race, culture and ethnicity must always be given
due consideration, and advice sought where necessary, but stereotypic
conclusions about who is to conduct the interview should be avoided.
2.181 Where the witness expresses a particular preference for an
interviewer of either gender or sexual orientation or from a
particular race, cultural or ethnic background, this should be
accommodated as far as is practical in the circumstances.
2.182 The interviewer should consider the appropriate mode of dress for
the particular witness. For example, research shows that a person’s
perceived authority can have an adverse effect on the witness,
especially with respect to suggestibility.
2.183 Exceptionally, it may be in the interests of the witness to be interviewed by an
adult in whom they have already put confidence but who is not a member of
the investigating team. Provided that such a person has appropriate
professional qualifications, is independent and impartial, is not a party to the
proceedings, is prepared to co-operate with appropriately trained interviewers
and can accept adequate briefing (including permitted questioning techniques),
this possibility should not be precluded.
The Interview Monitor
2.184 The presence of an interview monitor is desirable because they can help to
ensure that the interview is conducted in a professional manner, can assist
in identifying any gaps in the witness’s account that emerge, and can
ensure that the witness’s needs are kept paramount. Careful consideration
needs to be made with regard to whether the interview monitor is present in
the interviewing room itself (in the event of which they might effectively be
regarded as being a ‘second interviewer’), or in the adjoining room with the
monitoring equipment (in which case they might effectively be regarded as
being an ‘observer’). The possibility that the witness might feel intimidated
by the presence of too many people in the interview room should be taken
into account in determining where an interview monitor is situated,
particularly when an interview supporter and interpreter are also to be
present in the interview room.
2.185 Regardless of who takes the lead, the interviewing team should have a clear
and shared remit for the role of the interview monitor. Too often this role is
subjugated to the need for someone to operate the video equipment when, in
reality, the interview monitor has a vital role in observing the lead interviewer’s
questioning and the witness’s demeanour. The interview monitor should be
alert to interviewer errors and apparent confusions in the communication
between the lead interviewer and the witness. The interview monitor can reflect
back to the planning discussions and communicate with the lead interviewer as
necessary. Such observation and monitoring can be essential to the overall
clarity and completeness of the video-recorded account, which will be
especially important in court.
Equipment Operators
2.186 The equipment should always have an operator for the duration of
the interview. This will allow the view recorded by the camera to be
adjusted if the witness moves. It should also provide an opportunity
for the interviewer to be alerted at the earliest possible moment in the
event of an equipment failure, rather than such a failure only being
discovered at the end of the interview.
Interpreters
2.187 Witnesses should always be interviewed in the language of their choice,
unless exceptional circumstances prevail (for example, in respect of the
availability of interpreters). This will normally be the witness’s first language,
unless specific circumstances result in their second language being more
appropriate. Interviewers should be aware that some witnesses could be
perfectly fluent in English, but might use their first language to express
intimate or more complex concepts. As a result, the possibility of using an
interpreter should be considered while planning the interview, even where a
witness is bilingual.
2.188 Interpreters should be appropriately accredited and trained so that they
understand the need to avoid altering the meaning of questions and replies.
They should normally be selected from the National Register of Public Service
Interpreters or the Signature National Registers of Communication
Professionals Working with Deaf and Deafblind people (NRCPD). If it is not
possible to select an interpreter from these registers then the interpreter may
be chosen from some other list, providing the interpreter meets standards at
least equal to those required for entry onto the National or NRCPD Registers,
in terms of academic qualifications and proven experience of interpreting
within the criminal justice system. All interpreters need to be independent,
impartial and unbiased. Family members, other close relatives or members of
the community should not be used either during the interview or when
preparing the witness for it.
2.189 Interpreters should be involved in the planning process. They should
have a clear understanding of the objectives of the interview, its
structure and the function served by any specific techniques used (e.g.
those of the cognitive interview). It should be remembered that some
words in English might not have an exact equivalent in other languages
and communication systems. This possibility should, therefore, be
discussed while planning the interview with a view to developing
strategies to address what might otherwise be a problem.
2.190 If interviewers are working with an interpreter, it is important to have clarified
at the outset who will lead the interview in terms of maintaining direct
communication with the witness. If the witness is communicating via an
interpreter, lead interviewers should identify themselves as such while
maintaining appropriate eye contact with the witness, so that the witness
understands that they should address the interviewer, not the interpreter. If,
however, a signer is being used to communicate with a witness who has a
hearing impairment, it may be more important for the signer to maintain the
direct communication with the witness.
2.191 Where an interpreter is present, they must be clearly identified at
the beginning of the interview. Whenever possible, they should also
be visible in one of the shots recorded.
2.192 Where a sign-language interpreter is being used to interpret for a witness with
a hearing impairment, a camera should be used to record the signer’s face and
upper body, including their hand movements, as well as those of the witness. In
some interview suites, it might be necessary to make use of a portable camera,
in addition to the static equipment already set up in the suite, for this purpose.
Interviewers should also emphasise to the signer that it is important to avoid
inadvertently leading the witness by presenting only one particular option when
some of the more generic signs are used, e.g. the signs for ‘weapon’ and
‘touch’ depend on the context so it may be important to present the witness
with a number of alternatives.
2.193 Further guidance on the use of interpreters is available in the National
Agreement on Arrangements for the use of Interpreters, Translators
and Language Service Professionals in Investigations and Proceedings
within the Criminal Justice System, as revised 2007 (Office for Criminal
Justice Reform 2008).
Intermediaries
2.194 An intermediary may be able to help improve the quality of evidence of any
vulnerable adult or child witness (as defined in Section 16 Youth Justice and
Criminal Evidence Act 1999) who is unable to detect and cope with
misunderstanding, or to clearly express their answers to questions, especially
in the context of an interview or while giving evidence in court. Intermediaries
are not available to ‘intimidated’ witnesses as
Location of the Interview
2.206 Active consideration should be given to the location of the interview and the
layout of the room in which it is to take place. In the planning phase, the
interviewer should attempt to determine where the witness would prefer to be
interviewed. Some witnesses may be happy to be interviewed in an interview
suite, while others might prefer to be interviewed in a setting familiar and
comfortable to them. Whatever the decision, the location should be quiet
enough to avoid a situation in which background noise is likely to interfere with
the quality of the sound on any visual
or audio record, and free from interruptions, distractions, and fear
and intimidation, so the interviewer and witness can concentrate
fully on the task in hand – the interview.
2.207 Interviewers should ensure that sufficient pens and paper are available for
use where a witness’s recall could be assisted by drawing a sketch/plan.
2.208 In the event of a witness being interviewed at their home address, care
should be taken to avoid saying anything or visually recording any
background material that might lead to the location being identified (the use
of background screens should be considered if necessary).
Timing of the Interview
2.209 The decision on when to conduct an interview needs to take account of the
demands of the investigation (e.g. a suspected perpetrator being in custody)
as well as the potential effects of trauma and/or stress. Trauma and stress
can interfere with the process of remembering, but this should be determined
by asking the witness rather than by the application of an arbitrary period of
time. Some witnesses will want to be interviewed relatively quickly, while
others might wish to be interviewed at a later date. It should always be borne
in mind that the potential for memory contamination taking place increases
with the delay.
2.210 Interviews should not take place at a time when the witness is likely to be
suffering from the effects of fatigue (other than in the exceptional
circumstances – see next paragraph). The effect on the witness’s routine and
the potential impact of any medication, as well as their views, must be taken
into account in determining the best time to conduct the interview.
2.211 In the event of circumstances being such that it is absolutely essential for a
witness to be interviewed at a time when they are likely to be suffering the
effects of fatigue (for example, where an alleged offender is in police
custody for a serious offence and an interview is necessary to secure
potentially vital evidence), consideration may be given to conducting a brief
interview in the first instance which sets out the witness’s account and
addresses any issues on which immediate action needs to be taken. Where
it is necessary to conduct a brief interview, the principles set out in
paragraph 2.6 should be adhered to. A more substantial interview can then
be arranged at an appropriate time.
Duration of the Interview (including Pace, Breaks
and the Possibility of more than One Session)
2.212 The interview should go at the pace of the witness. Some witnesses
will require regular comfort breaks (for example, young children,
elderly and frail witnesses). Whenever possible, the interviewer
should seek advice from people who know the witness about the
likely length of time that the witness can be interviewed before a
pause or break is offered while planning the interview.
2.213 Some witnesses who have experienced a traumatic event may find
that the interview is ‘too much’ for them, especially if emotional matters
are being discussed. Ways of assisting these witnesses may include
planning for breaks in the interview and/or pauses in which the
interviewer moves the conversation on to more neutral topics before
returning to the matter under investigation.
2.214 In some circumstances it might be necessary to conduct the interview over
more than one session (for example: in complicated cases; where allegations
of multiple offences are involved; where the witness is elderly and frail; or
where the witness is taking medication likely to make them sleepy). These
sessions might be separated by a matter of hours or, if necessary, could take
place over a number of days. When this occurs, care must be taken to avoid
repetition of the same focused questions over time, which could lead to
unreliable or inconsistent responding in some witnesses and interviews being
ruled inadmissible by the court.
Victim Personal Statements
2.215 Interviewers should plan to give witnesses who are victims the opportunity
to make a Victim Personal Statement (VPS) at the end of the interview. The
purpose of a VPS is to give a victim of crime the chance to say what effect
the crime has had on them and to help identify their need for information
and support. The statement should be taken in the same format as the
witness statement – e.g. where a visually-recorded interview has taken
place, the VPS should also be visually-recorded. For further details of the
scheme see Victim Personal Statements: A Guide for Police Officers,
Investigators and Criminal Justice Practitioners (Office for Criminal Justice
Reform, October 2009).
2.216 Providing a VPS (visually-recorded or written) is entirely voluntary.
Witnesses should be provided with an explanation about what a VPS is
and how it can/cannot be used, to help them to make an informed
choice as to whether to provide a VPS or not.
2.217 In cases where the witness statement has been taken in the form of a
visually-recorded interview, it is preferable for the VPS to follow on the
same recording, but there must be a clear break between the two. This
can be achieved by dividing the two statements with a still image, e.g.
the police force logo. Alternatively or additionally, the interviewer may
make a statement on the recording acknowledging the change from the
evidential interview to the VPS.
2.218 There is always the possibility that at a later time the victim or their
carer may feel that the impact of the experience has been such that a
second statement is needed. Unless there are exceptional
circumstances, a second statement should be taken in a written format
according to the Home Office guidance on the VPS.
Planning for Immediately after the Interview
2.219 Although interviewers cannot predict the course of an interview, planning
discussions should cover the different possible outcomes and consider the
implications for the witness. This should include the possibility of a medical
examination (where this has not taken place before the interview), the possible
need for alternative accommodation and any other steps necessary to protect
the witness or reduce the possibility of harassment.
Witnesses who might become Suspects
2.220 So far as is practicable, consideration should be given in the planning
stage as to how interviewers will deal with any confessions to criminal
offences made by the witness in the course of the interview. Any decision
on an appropriate course of action will involve taking into account the
seriousness of the crime admitted and weighing it against the seriousness
of the crime under investigation.
2.221 It is preferable to anticipate and plan for such an eventuality, while
recognising that any decisions on a particular course of action are likely to
depend upon what has been disclosed by the witness during the course of the
interview (see paragraphs 3.166 to 3.170 for guidance in respect of
incriminating statements made by witnesses during interviews).
Recording the Planning Process
2.222 A full written record should be kept of the decisions made during the planning
process and of the information and rationale underpinning them. This record
should be referred to in the body of the Criminal Justice Act 1967 statement
subsequently made by the interviewer in relation to
the planning, preparation and conduct of the interview, and should
be revealed to the CPS under the requirements of the Criminal
Procedure and Investigations Act 1996.
Preparing the Witness for an Interview
2.223 Witnesses must always be prepared for an interview. In some cases, this
might be fairly brief and take place immediately prior to the interview. In
other instances, it might be necessary to take more time and for it to take
place several hours or days before the interview.
2.224 The preparation of the witness should include an explanation of the
purpose of the interview and the reason for visually recording it
(including who might subsequently view it), the role of the interviewer(s)
and anybody else to be present, the location of the interview and
roughly how long it is likely to take. The interviewer(s) should also
outline the general structure of the interview and provide some
explanation of the ground rules that apply to it (including the witness not
making any assumptions about the interviewer’s knowledge of the
event). Substantive issues relating to the evidence should not be
discussed while preparing a witness for an interview.
2.225 Where appropriate, the witness’s carer(s) should also be provided with suitable
information at this stage. In particular, they should be discouraged from
discussing the details of the alleged offence(s) with the witness or any other
individual who may be involved in the investigation, but must be able to
reassure the witness who wishes to talk or express anxieties. They should be
asked to document carefully any discussions they have with the witness or
other persons regarding the allegation or investigation (e.g. who was present,
date/time and setting, what exactly was said). The witness should never be
offered inducements for complying with the investigative process. Carer(s)
should also be encouraged to provide emotional support to the witness, such
as physical comfort and reassurance. They should
be given information about what further role, if any, they may have in
planning the interview or in being present while it is conducted (or given
reasons why the interviewer(s) would prefer them not to be present). Where
possible, any support needs of the carer(s) that are identified should be
brought to the attention of the relevant authorities/agencies.
2.226 Any issues or concerns raised by the witness or their carer(s) should be
addressed while preparing them for the interview (e.g. welfare issues or
concerns about the possibility of a later court appearance).
2.227 Most witnesses will be anxious prior to an investigative interview, and few will
be familiar with the formal aspects of this procedure. It is therefore important
that the interviewer uses the time spent preparing a witness for an interview to
build up a rapport with the witness. The nature and the extent of rapport
building required very much depends on what has been established about the
witness during the planning phase of the interview.
2.228 Some witnesses, particularly younger children, witnesses with learning
disabilities and witnesses who have been traumatised, might need to
spend more time getting to know the interviewer(s) before they are
ready and/or willing to take part in an investigative interview. The
interviewer(s) should consider whether one or more meetings with a
witness should be planned to take place prior to the interview because
this familiarisation process may take some time.
2.229 Some witnesses may feel that their initial, lawful co-operation with a person
who subsequently commits an offence may make them blameworthy and some
children and vulnerable witnesses may assume that they must have done
something wrong simply because they are being interviewed. The interviewer
might need to try to reassure the witness on these points, but promises or
predictions should not be made about the likely outcome of the interview. So
far as possible, the interview should be conducted in a ‘neutral’ atmosphere,
with the interviewer taking care not to assume, or appear to assume, the guilt
of an individual whose alleged conduct may be the subject of the interview.
2.230 Some witnesses may be unhappy or feel shame or resentment about being
questioned, especially on personal matters. In the rapport phase, and
throughout the interview, the interviewer should convey to the witness that they
have respect and sympathy for how the witness feels. A witness may be
apprehensive about what may happen after the interview if
they do provide an account of what happened. Such worries
should be addressed.
2.231 Initial discussions with the witness could focus on events and interests not
thematically related to the investigation: sport, television programmes, favourite
games, school curriculum, the journey to the interview suite, and so on.
Sometimes, where the witness and the interviewer have had some previous
contact this can be quite brief. At other times, especially when the witness is
nervous or has been subject to threats from the alleged abuser, a much longer
period of rapport-building when the witness is prepared for the interview may be
warranted.
2.232 Rapport-building while the witness is prepared for the interview can
also serve to set the tone for the style of questions to be used by the
interviewer during the interview. It is, therefore, important that the
witness is encouraged to talk freely through the extensive use of
open-ended questions because this can help to encourage the
witness to give detailed accounts; a style of communication wholly
consistent with the guidance set out in this document.
2.233 In some instances, it might be helpful to conduct a practice interview while
preparing the witness for the interview. In these circumstances the witness
could be asked to recall a personal event unrelated to the issue of concern
(e.g. a birthday celebration or a holiday treat). This serves to provide the
witness with an example of the kind of detail that will be required in relation
to the issue of concern and to practise extended verbal responses. Such
practice interviews might be particularly useful with younger and learning
disabled witnesses who might not appreciate the demands of a witness
interview for detailed and context information.
2.234 Rapport-building while the witness is prepared for the interview also gives
the interviewer the opportunity to build on their knowledge of the witness’s
communication skills and degree of understanding of vocabulary. The
interviewer can then adjust their language use and the complexity of their
questions in the light of the witness’s responses.
2.235 It may prove problematic to attempt to proceed with an interview until
rapport has been established. Should establishing rapport when the
witness is prepared for the interview proves difficult, it may be
preferable to postpone the interview rather than proceeding with an
interview that may well turn out to be of no benefit.
2.236 Assistance should be sought if necessary from interview
supervisors and interview advisers concerning the issues that
might arise during the preparation of a witness for an interview.
2.237 Full written notes must be kept of the preparation of a witness for an
interview and must be revealed to the CPS on request. The
information obtained to plan the interview should be reviewed and
revised if necessary in the light of any additional information that
arises from preparing the witness for the interview.
