Presentation for the Achieving Best Evidence course training of the judges of Karagandy and Petropavlosk regions in Kazakhstan held in November 2016. The trainers Dave Cater and Ian Carsten were invited by the EU project "Enhancing Criminal Justice in Kazakhstan".

1. Achieving Best Evidence
Interviews
Mr Ian Karsten and Mr David Cater
Place
7-8 November 2016
EU Project: Enhancing Criminal Justice in Kazakhstan

2. ACHIEVING
BEST EVIDENCE
UNITED KINGDOM
2

3. INTRODUC
IAN KARSTEN
3

4. INTRODUC
DAVID CATER
4

5. MODERN
1992
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6. S16 YOUTH JUSTICE & CRIMINAL EVIDENCE ACT 1999
CATEGORIES OF VULNERABLE VICTIMS
& WITNESSES
▸Under 18
Or any person with
▸Mental Disorder
▸Physical disability
▸Significant impairment of intellectual or social functioning
6

7. S17 YOUTH JUSTICE & CRIMINAL EVIDENCE ACT 1999
CATEGORIES OF INTIMIDATED VICTIMS
& WITNESSES
▸Witnesses whose quality of evidence is likely to be
diminished by reason of fear or distress
▸Court should consider a range of factors in deciding
▸Categories automatically qualifying -
▸Victims of sexual assault
▸Witnesses to certain gun and knife offences
7

8. S. 23-30 YOUTH JUSTICE & CRIMINAL EVIDENCE ACT 1999
SPECIAL MEASURES
▸Screens
▸Evidence by live video link
▸Evidence given in private
▸Removal of wigs and gowns
▸Video recorded evidence in chief
▸Intermediaries
▸Aids to communication
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9. YOUTH JUSTICE & CRIMINAL EVIDENCE ACT 1999
VIDEO RECORDED INTERVIEW (VRI)
▸Presumption that evidence of under 18 will be video’d
▸Witness must be available for cross examination
▸Witness may opt out of VRI
▸Obligation to inform parents / carers etc
9

10. ACCESS TO SPECIAL MEASURES
▸Court decision
▸3 tests:
▸Is witness vulnerable or intimidated?
▸Will special measures improve evidence?
▸Which special measures most effective?
▸[S.27(2) Video recorded evidence in chief must be in the
interests of justice]
10S.19 YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999

11. TEXT
INITIAL CONTACT WITH VICTIMS AND
WITNESSES
▸Survey (brief account) what has taken place
▸This will influence the criminal investigation plan
▸Forensic medical examination of victim
▸Crime scene examination
▸Interviewing other witnesses
▸Arrest of alleged offender
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12. TEXT
PLANNING & PREPARATION
▸Need for police and prosecutors to plan together
▸Importance of timing of interview (see e.g Case Study)
▸Consider an interview advisor
▸Identify the aims goals and objectives of the interview
▸Consider appropriate support for witness throughout
investigation and court process
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13. TEXT
CASE STUDY
▸The nine year old complainant was medically examined and
straight after that examination the police attempted to
conduct an ABE recorded interview.
▸The needs of and support for the child in this case were
secondary to the process and progress of the investigation.
▸When should a child witness receive therapy if appropriate?
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14. TEXT
MULTI AGENCY APPROACH
▸Consultation with social services and professionals
▸Social worker may form part of the interview team (or
support specialists e.g child psychologist)
▸Planning to reduce retelling
▸Assessing individual needs
▸Provide support: communication aids etc
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15. TEXT
PRE - INTERVIEW
▸Pre - interview assessments
▸Witness gender, race, culture and ethnicity to be considered
▸Truth and lies with children – will be recorded
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16. SOME DANGERS OF INTERVIEWING
CHILDREN
 Child’s difficulty understanding questions/communicating
 Desire to please interviewer
 Relationship with authority figures
 Coaching
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17. THE
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18. CONDUCTING AN INTERVIEW
▸Observe conversation norms –
▸Take turns
▸No interruptions
▸Avoid contamination
▸Apply 80-20 rule – see below
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19. PARETO PRINCIPLE
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20. TEXT
“PEACE” MODEL
▸Planning & Preparation
▸Engage & Explain
▸Account, clarify (open questions)
▸Closure
▸Evaluation
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21. TEXT
PLANNING & PREPARATION
▸When – time of day etc
▸Where – location - facilities
▸Who – joint team, lead interviewer, monitor, expertise,
gender etc,
▸What & why – objectives of interview
▸How , agree method, duration, aids, props, expert support
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22. ‣ structure 22

23. TEXT
ENGAGE AND EXPLAIN
▸ Introductions
▸ Preliminary conversation – build rapport - lower anxiety
▸ Explain
▸ "If you do not understand a question please say”
▸ “If you do not know the answer please say”
▸ “Tell me everything - detail is important”
▸ Context reinstatement (cognitive interview technique)
▸ Handover to witness
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24. ACCOUNT
▸Obtain free uninterrupted narrative account from witness
using open question
▸Avoid contamination
▸Conversation management –
▸Listening position (see below)
▸Minimal encouragers (see below)
▸Echo (see below)
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25. LISTENING
POSITION
10-2 NO OBSTRUCTIONS FORWARD
LEAN
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26. MINIMAL
ENCOURA
NODS OF THE HEAD
SMILES
HAND GESTURES
ENCOURAGING SOUNDS
"SO", "THEN", "OK AND", "AND" …
ECHO (SEE BELOW)
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27. ECHO
LAST WORD / ENERGY
WORD
“Things have been
bad recently”
“Things?”; “Bad?”;
“Recently?”
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28. QUESTIONING
▸Tell me in detail
▸Explain to me exactly
▸Describe to me precisely
▸Show me
▸If necessary consider non specific prompts e.g “Did anything
else happen?”. Or “Is there more you can tell me?”.
OPEN QUESTIONS
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29. QUESTIONING CONTINUED
 Who,
 What
 Where
 When
 How
 Why
 Closed questions as last resort (inviting yes or no answer)
SPECIFIC - CLOSED OR PROBING
QUESTIONS
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30. COGNITVE INTERVIEW
TECHNIQUES
▸Reinstate the context triggering memory, sounds, smells,
emotions etc
▸Report eveything
▸Change perspective
▸Reverse order recall
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31. TYPES OF QUESTIONS TO BE
AVOIDED
▸Forced – choice questions (“Would you like tea or coffee?”.)
▸Multiple questions (“Did you see him. What did he look
like?”.)
 Leading questions (“Was it a red car?”.)
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32. TOPIC MANAGEMENT
▸Break down the narrative account into topics
▸Deal with topics in a logical order
▸Avoid topic hopping
▸Probe each topic beginning with an open question, followed
by specific – closed questions
▸ Finish with closed questions if necessary
▸Summarise at the end of each topic if appropriate
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33. CASE SPECIFIC INFORMATION
▸Following completion of the narrative account phase address
questions concerning case specific information e.g
investigative leads
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34. CLOSURE
▸Thank witness
▸Explain what may happen next and what will happen to the
recording
▸Ensure witness is not distressed
▸Provide contact details to witness or carer should they have
any further matters they may wish to discuss
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35. EVALUATION
▸Review interview record for information obtained and to
identify any urgent actions
▸Review interview for personal development of interviewer
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36. Thank you for attention!
For any questions please contact:
EU project: Enhancing Criminal Justice in Kazakhstan
+77172 237019/21
www.eucj.kz
https://www.facebook.com/EUCJKZ/
https://twitter.com/EUCJKZ
http://www.slideshare.net/EUCJKZ
EU Project: Enhancing Criminal Justice in Kazakhstan