Closing the Interview and Recapitulation
3.80 If appropriate, interviewers should in this final main phase consider briefly
summarising what the witness has said, using the words and phrases used
by the witness as far as possible. This allows the witness to check the
interviewer’s recall for accuracy. The interviewer must explicitly tell the
witness to correct them if they have missed anything out or have got
something wrong.
3.81 Summarising the interview can lead to further retrieval. The witness should
be told that they can add new information at this point in the interview;
otherwise they are unlikely to stop an interviewer in the full flow of
recapitulating.
3.82 Interviewers should not attempt to summarise what the witness has said
where the witness is fatigued, in an emotional condition or otherwise
distracted because they may not be in position to listen properly to the
summary. Similar issues may arise where the witness appears to have a
short attention span (as may be the case, for example, with young children
and some adults with a learning disability).
3.83 If there is a second interviewer/monitor present, the lead interviewer
should also check with them whether they have missed anything.
Closure
3.84 The interviewer should always try to ensure that the interview ends
appropriately. Every interview must have a closing phase. In this phase it
may be useful to discuss again some of the ‘neutral’ topics mentioned in
the rapport phase.
3.85 In this phase, regardless of the outcome of the interview, every effort
should be made to ensure that the witness is not distressed but is in a
positive frame of mind. Even if the witness has provided little or no
information, they should not be made to feel that they have failed or
disappointed the interviewer. However, praise or congratulations for
providing information should not be given.
3.86 The witness should be thanked for their time and effort and asked if there is
anything more they wish to communicate. An explanation should be given
to the witness of what, if anything, may happen next, but promises that
cannot be kept should not be made about future developments. The witness
should always be asked if they have any questions and these should be
answered as appropriately as possible. It is good practice to give to the
witness (or, if more appropriate, an accompanying person) a contact name
and telephone number in case the witness later decides that they have further
matters they wish to discuss with the interviewer. It is natural for witnesses
to think about the event after the interview and this may elicit further
valuable information. Advice on seeking help and support should also be
given.
3.87 Finally, the interviewers should report the end time of the interview on the
video/audio-recording.
Evaluation
3.88 Evaluation should take two forms:
• Evaluation of the information obtained; and
• Evaluation of the interviewer’s performance.
Evaluation of the Information Obtained
3.89 In evaluating an account, interviewers should not rely upon cues from the
witness’s behaviour as guides to the reliability or otherwise of their
statements.
3.90 Urgent actions should be identified during the interview and passed
without delay to the investigating officer or their nominee. In the case of
live investigations, the interview monitor or the camera operator should
maintain a record of urgent lines of enquiry during the interview to
expedite this process.
3.91 After the interview has concluded, the interview team will need to make an
objective assessment as to the information obtained and evaluate this in
light of the whole case. Are there any further actions and/or enquires
required? What direction should the case take?
Evaluation of Interviewer Performance
3.92 The interviewer’s skills should be evaluated. This can take the form of self-
evaluation, with the interviewer examining the interview for areas of good
performance and poor performance. This should result in a development
plan. The interview could also be assessed by a supervisor and/or someone
who is qualified to examine the interview and give good constructive
feedback to the interviewer, highlighting areas for improvement. This
should form part of a staff appraisal system (see National Investigative
Interviewing Strategy, Association of Chief Police Officers 2009).
Post-Interview Documentation and Storage of Recordings
ROVI
3.93 Where the interview has been video-recorded a Record of the Visual
Interview (ROVI) should be prepared for use as a guide to the interview.
A ROVI amounts to a summary of the incident in the order in it was
recalled during the interview; in this sense it serves as a guide to the
recording. Appendix P provides a detailed account of what should be
included in a ROVI.
Chronological Investigative Summary
3.94 Some witnesses will provide a great deal of information during the interview,
with key details having been obtained at different points of their account. It
may be impractical for others involved in the investigation
to view the video-recording but it could be essential that they have a clear
understanding of what information has been provided. Once the interview
has been completed, therefore, consideration should be given to the
preparation of an accurate chronological ‘investigative summary’. Such a
summary differs from the ROVI (see below) in that its chronology is
determined by the alleged incident, not the order of recall during the
interview.
3.95 An investigative summary should assist the officer responsible for
investigating the alleged offence to make decisions about further lines of
inquiry. It should also help the interviewers of the suspected offender
when they make decisions around interview plans and pre-interview
briefings with legal representatives. Investigative summaries can also
assist in Early Special Measures Discussions with the CPS and any later
special measures applications, and may help to ensure that there are no
unnecessary later requests to convert transcripts of the interview into
written statements.
Certification
3.96 Except where circumstances are such that an application to play the recording
as evidence-in-chief may be considered a foregone conclusion, a brief
written statement should be prepared for the witness immediately after the
interview pointing out that the information they have given is accurate. In
the event of the witness subsequently being unavailable to sign a full
statement, the brief statement can be included in a discussion with the CPS
as to how best to proceed (e.g. by means of exhibited transcript as set out in
paragraph 2.139 of this guidance).
Written Statement: Interviewers
3.97 A statement dealing with the preparation and conduct of the interview
should be made while the events are still fresh in the interviewer’s mind.
Written Statement: Significant Witnesses
3.98 In most instances involving significant witnesses a full statement should be
prepared as soon after the interview as possible as a means of minimising
the potential effects of a lengthy delay on memory. It is, however, important
to set enough time aside to properly review the recording together with any
written notes prior to transferring the relevant material onto a written
statement in order to ensure that the witness’s testimony is as an accurate a
reflection of what was said during the interview as possible.
3.99 At the opening of the statement it may be useful to those subsequently
reviewing the case to refer to the date and duration of any visually
recorded interview.
Storage
3.100 Recordings should be stored as recommended in Appendix N.
Early Special Measures Discussions
3.101 The importance of an Early Special Measures Discussion between the police
and the CPS to determine whether an application for video-recorded
evidence-in-chief is appropriate should not be underestimated if there is any
doubt as to whether an application for video-recorded evidence-in-chief will
be made. Where practical, such a meeting should take place before the
interview. Where it is not practical to hold an Early Special Measures
Discussion beforehand it should, ideally, take place within a few days of the
interview. In either event it is important to convene an Early Special
Measures Discussion as soon as possible so that a full written statement can
be prepared from the recording while the events are still fresh in the
witness’s memory if it is decided that such a course of action is preferable to
applying for special measures. Further guidance on Early Special Measures
Discussions may be found in Early Special Measures Discussions between
the Police and the Crown Prosecution Service (Office for Criminal Justice
Reform 2009).
Pre-Trial Discussions with Witnesses about Special Measures
3.102 Discussions between the witness and the prosecution team about the
arrangements for the trial should also reconsider the desirability of special
measures because some witnesses may, on reflection, prefer to give live
evidence-in-chief rather than have the video played.
General Guidance on using Drawings, Pictures, Photographs, Symbols,
Dolls, Figures and Props with Children
3.103 Drawings, pictures, photographs, symbols, dolls, figures and props may be
used for different reasons:
• To assess a child’s language or understanding;
• To keep a child calm and settled and in one place;
• To support a child’s recall of events;
• To enable a child to give an account of events.
It is these last two categories that the most controversy tends to arise.
Young children and children with communication difficulties may be able
to provide clearer accounts when drawings, pictures, photographs,
symbols, dolls, figures and props are used, compared with purely verbal
approaches. For example, drawings or dolls may allow a child to clarify
body parts or demonstrate an abusive act, while props may help the child to
describe the environment in which an incident took place.
3.104 Drawings or props can also enable children to demonstrate an
understanding of truth and lies at a younger age than previously thought
possible.
3.105 Drawings, pictures, photographs, symbols, dolls, figures and props can,
therefore, function as very useful communication aids, but when
considering whether their use is appropriate in any given circumstances,
interviewers need to be aware of the risks and pitfalls as well as the
advantages associated with their use.
3.106 The risks and pitfalls of using drawings, pictures, photographs, symbols,
dolls, figures and props include:
• Potential challenge in the legal arena followed by admonitions not to
use or cautionary statements;
• Some props, e.g. anatomical dolls, can result in distortions or
inaccuracies;
• Some props, e.g. teddies, animals, dolls houses, may engender play or
fantasy;
• Children or carers may be upset by the use of explicit dolls or drawings;
• Children aged three and under are usually not able to use dolls, models
or anatomical drawings as representational objects.
(Adapted from Hewitt 1999, Everson & Boat 2002, Faller 2007 and Lamb
2008.)
3.107 The advantages of using drawings, pictures, photographs, symbols, dolls,
figures and props include:
• Children may be more competent to demonstrate what happened
rather than explain in words;
• Allows two modes of communication, so children can both show and
tell;
• May mean detailed information can be collected with fewer questions;
• Can provide retrieval cues or memory triggers;
• Can overcome reluctance or fear, e.g. children who take ‘don’t tell’
literally;
• May be less stressful for children to show than tell;
• May resolve concerns about false allegations;
• May provide an organisational framework for children to give a fuller
account.
3.108 Drawings, pictures, photographs, symbols, dolls, figures and props should
be used with caution and never combined with leading questions.
3.109 Interviewers should try to ensure that the child’s facial expressions,
gestures and body language, as well as any drawings, pictures,
photographs, symbols, dolls, figures and props, are visible to the
interviewer and to the camera. This will require at least two cameras and
an operator. The interviewer should pause if the child moves outside an
agreed area to allow the camera operator time to re-focus on them.
3.110 Where necessary, verbal attention should be drawn to the child’s unspoken
communication. One way to do this is to comment to the child without
offering an interpretation, e.g. ‘you’re pointing’.
3.111 Interviewers should make sure that drawings, pictures, photographs,
symbols, dolls, figures and props don’t prevent children gesturing.1 It may
be help to have a table at appropriate height for the child to work at and
place them on.
3.112 Any drawings, pictures, photographs, symbols, dolls, figures and props
used should be preserved for production at court if required.
Using Drawings
3.113 Interviewers may use the child’s own drawings. Such drawings may be
either produced live during the interview or prepared by the child prior to
it.
3.114 Drawings can be used in different ways to help with communication and
drawing has significant benefits.3 Also the symbolic nature of pictures and
drawings is more easily understood by young children than dolls and
models.
3.115 It may be useful to check whether the child can represent themselves
symbolically4 (e.g. by saying ‘draw a picture of you’ or ‘draw [child’s
name]’).
3.116 If possible the child should label the drawings themselves. If they cannot,
the interviewer should let them dictate the names of any people drawn to
them and also write down any other features identified by the child.
3.117 It is important to think about the visibility of the drawings to both child and
camera: colour, size, medium. It does not matter if a drawing is
unrecognisable to the interviewer; the key issue is that the child recognises
the drawing, and if it is to be used to aid recall or communication, that the
child assigns a stable identity to the drawing. Interviewers can check this by
asking ‘who’s this?’ and by making at least one deliberate identity error ‘so
this is x?’ Research suggests that asking children to draw what happened
after an initial interview can help them to focus, retrieve more information
and reduce their anxiety and that 96% of children who draw in these
circumstances recall more information in a second interview.5
3.118 Human figure drawings can help children of all ages to provide clearer
information about body parts but not necessarily about touch-related
actions.
Using Pictures, Photographs, and Symbols
3.119 Pre-prepared pictures, photographs and/or symbols may be used if
appropriate.7
3.120 If the child has an existing communication system of pictures or symbols, it
is important to explore any potential gaps in their vocabulary during a pre-
interview assessment. Introducing new vocabulary prior to interview must be
carefully done and can create difficulties but may be unavoidable.8
Using Dolls, Figures and Props
3.121 The use of items similar to those involved in the to-be-remembered event
may assist recollection. However, they may also cause the witness distress.
Furthermore, it may not be certain which items were actually involved and
the introduction of incorrect items may mislead and/or confuse the witness.
Similarly, models or toy items may be misleading and confusing if the
objects they represent were not, in fact, part of the event. Some vulnerable
witnesses may not realise the link between a toy or model and the real-life
object it is supposed to represent; this is particularly so for very young
children and learning disabled children.
3.122 Where anatomically accurate dolls are to be used, it is particularly
important that the interviewer is trained in their use and understands how
they might be misused: a combination of these dolls and leading questions
can elicit misleading statements from children. Children’s interactions with
such dolls alone are unlikely to produce evidence that could be used in
criminal proceedings. In the main, anatomically accurate dolls should only
be used as an adjunct to the interview to allow the child to demonstrate the
meaning of terms used by them or to clarify verbal statements.
Anatomically accurate dolls can be used very effectively to clarify body
parts, position of bodies and so on, as can conventional dolls. However,
they should only be used following verbal disclosure of a criminal offence
by the child or where there is a very high suspicion that an offence has been
committed which the child is unable to put into words.
Special Interviewing Techniques
The Cognitive Interview
3.123 The cognitive interview (CI) was initially developed in an attempt to
improve witness memory performance by using various techniques derived
from cognitive psychology to gain as much correct information as possible
without jeopardising the quality of the information reported.
3.124 Interviewers who use the ECI should be trained and be competent to do so,
including in what to do if the witness’s recall is so vivid and powerful as to
cause them distress (see National Investigative Interviewing Strategy,
Association of Chief Police Officers 2009).
3.125 A number of professionals who have worked with children and vulnerable
adults with a mild learning disability have recommend use of the CI,
although some witnesses may not be able to benefit from all of the CI
procedures (e.g. young child witnesses and witnesses with autism may
well not be able to ‘change perspective’ and thus this component is not
recommended). See Investigative Interviewing: Psychology and Practice
by R. Milne and R. Bull (Wiley, 1999), for more detailed information.
3.126 Further information on the techniques that make up the ECI can be found
in Appendix H.
The Structured Investigative Interview Protocol
3.127 The structured investigative protocol was developed to provide additional
support to child witness interviewers following the general
recommendations outlined in this guidance. The structured Investigative
Interview Protocol was developed by researchers and practitioners working
with the National Institute of Child Health and Human Development
(NICHD) in response to evidence that interviewers around the world
consistently make insufficient use of open-ended questions. The Protocol
provides a structure for the entire interview and suggests exemplary open-
ended prompts that interviewers can use and adapt in response to the
children’s initial free narrative accounts (The NICHD Protocol and the
relevant literature are described in Tell me what happened by M.E. Lamb et
al (Chichester: Wiley, 2008) while the results of a demonstration project
documenting the way it enhances the value of police interviews in the UK
was published by Lamb et al.: Use of a structured investigative protocol
enhances the quality of investigative interviews with alleged victims of child
sexual abuse in Britain (Applied Cognitive Psychology, 2009, 23, 449-467).
Other Interviewing Techniques
3.128 There are a number of specialised interview techniques that may be
acceptable to the courts as an alternative to the method recommended in
this guidance, provided evidential considerations are borne in mind and the
witness’s well-being is safeguarded. Provided the interviewer avoids
suggestive questions and succeeds in eliciting a spontaneous account of the
substance of the allegation, there is no reason why such evidence should
not be acceptable to the courts.
3.129 The investigative team should discuss with senior managers or an interview
adviser see National Investigative Interviewing Strategy, Association
of Chief Police Officers 2009), and if necessary consult with CPS, before
undertaking these alternative procedures. It is essential that the interviewers
involved are specially trained in techniques concerned. Each procedure is
described only briefly and further information can be obtained by consulting
the relevant sources (see Appendix T).
Further Interviews
3.130 One of the key aims of video-recording investigative interviews is to
reduce the number of times that witnesses need to report their account.
Good pre-interview planning will often ensure that all the salient points
are covered within a single interview. However, even with an experienced
interviewer and good planning, a further interview may be necessary in
some circumstances. These include:
• Where the initial interview opens up new lines of enquiry or wider
allegations that cannot be satisfactorily explored within the time
available for the interview;
• Where significant new information emerges from other witnesses or
sources;
• Where the witness indicates to a third party (e.g. a carer) that they have
significant new information that was not disclosed at the initial interview,
but which they now wish to share with the interviewing team;
• Where in the preparation of their defence, an accused raises matters
not covered in the initial interview.
In these circumstances, a further interview may be necessary and this too
should be video-recorded. Consideration should always be given as to
whether holding such an interview would be in the witness’s interests.
Further interviews should only be conducted if the investigation team is
sure that it is necessary, after consultation with the CPS if appropriate.
The reasons for the decision should be fully recorded in writing.
3.131 With particularly vulnerable child and adult witnesses, a decision could
be made at the planning stage to divide the interview into a number of sections
to be conducted by the same interviewer on different days, or at different
times on the same day, with rapport and closure being achieved each time.
Identification Procedures
3.132 Where a video-recorded interview has been conducted by virtue of this
chapter, the production of facial composites using E-FIT or other systems
or the production of an artist’s impression should also be video-recorded.
This will enable the court to hear the evidence from the witness in the
same medium as the main evidence-in-chief and show how any new
evidence has come about, giving confidence to the evidence-gathering
process and reducing the need for the witness to give additional
evidence-in-chief in the witness box or by live link. Staff carrying out these
procedures should be suitably trained to interview and record the evidence
in line with this document (see Appendix J for more detailed advice on
identification parades with witnesses interviewed in accordance with this
guidance).
