Witness Interview Training - Questioning Skills PDF

OFFICIAL Unit 3 Lesson 16...

OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills Lesson Aim: The learner will be able to utilise the appropriate questioning styles and techniques to interview witnesses Learning Outcomes: On successful completion of the lesson, Introduction students will be able to:- As a police officer you will be required to note statements from witnesses and in general ask 1. Identify the most appropriate question types questions during your day to day duties. Prior to interviewing a witness consideration should 2. Explain the advantages of open questions be given to any possible vulnerabilities. Witnesses can be vulnerable for a variety of 3. Explain the use of direct questions reasons including:- Age 4. Explain the use of probes Mental Health Cultural Background 5. State the disadvantages of counter- productive questions Alcohol/Drugs Family Environment 6. Identify and explain the stages of the PRICE model for witnesses Legal Definitions Fear and Intimidation 7. Explain the use of a witness interview plan Sexual orientation Financial Concerns Relationships Learning Disabilities Life Experience Previous experience of Police Traumatic events 1 th Amended 24 April 2024 v.2 OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills In some cases a witness may be reluctant for various reasons including fear, intimidation, guilt or just the fact they are speaking with the police. Firstly as a front line responder you must always protect and preserve life first. Ensure you are complying with the relevant legislation as in the Victim and Witnesses (Scotland) Act 2014 and the Victims’ Rights (Scotland) regulations 2015. Engage with your victims and witnesses treating them as per the Force Values of Integrity, Fairness and Respect in order to gather any information of evidential value. The methods that interviewers use to elicit witness accounts of their experiences will affect both the quality and quantity of that account. Allowing the witness to tell their account in their own words provides the best evidence. Consideration of question types is an essential component of evaluating/reviewing interview practice. The way a question is asked will determine how a witness assesses the information to form an answer. Appropriate Question Types Clear and easily understood Relevant Provide opportunity to maximise information from witness/suspect You Should Avoid Jargon and criminal slang Trade terms and abbreviations Local expressions and accents Uncommon words - use everyday language Avoid harsh terms such as ‘murderer’, ‘junkie’, ‘ned’ 2 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills Types of Question Open Direct Probing Counterproductive Open Questions Open questions are phrased in such a manner that your interviewee is encouraged to talk freely and openly about the topic under review. These types of questions can be used to good effect particularly at the beginning of the interview as a means of establishing rapport. It is difficult to answer an open question without providing an expansive answer. Examples can be:- Tell me about last night Explain to me what happened last night Describe to me what happened last night The mnemonic TED can assist as a prompt for an Open Question during the initial stages of an interview. Tell me in as much detail what happened? Can lead to Tell facts Tell me everything you know about that person? Can lead to Explain why that discussions person did that? about Explain processes, Explain why you said that? sequences or feelings. Can request Describe to me in as Describe more much detail the motor information. vehicle you saw? 3 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills Using open questions delays the introduction of direct questions and leads the interviewee to recall more detailed information without the need for a prompt. This also means the interviewee can use this information to elaborate on key details. These questions cannot be answered easily or answered in one word they suggest an expansive response. By encouraging your subject to talk, it is possible to establish their vocabulary and intellect level. Once a free recall has been provided, the interview can progress onto obtaining more specific information by utilising more direct questioning. Direct Questions This type of question encourages an answer that is closely confined to the specific area of questioning so you can use them to obtain specific information or facts. They enhance your ability to focus on and clarify points. In addition they are easy to ask and easy to answer. You should utilise the Who/ What/ How style question. For example:- Who did you go with? What time did you get there? How many times have you been? Direct questions limit the witness’ answer because they are a request for specific details by the interviewer. Direct questions should follow an open question for the interviewer to expand on a subject provided. For example:- Q. You mentioned that the person in the taxi shouted something. What did they say? Or Q. You went to your friends house immediately after the incident. Why did you go there? These questions indicate which details are required - they encourage the witness to search their memory and recognise which detail is needed to answer the question. 4 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills They are useful when free recall has been exhausted using open questions. Direct questions can elicit a limited response, for example:- Q. Do you like Jim? A. No Can be followed with - Explain to me why you don’t like Jim? Or Q. Who was with you? A. Jamesy Can be followed with - Tell me everything you know about Jamesy? Or Q. How many were there? A. Three Can be followed with - Describe the three of them in as much detail as you can to me. Or Q. What time did you go there? A. 2ish Can be followed with - Tell me in as much detail as you can what happened when you arrived? This shows how an Open Question can be used in the response to a Direct Question. Direct Questioning can also be useful when an interviewer is attempting to ascertain specific information, for example:- Those requiring identification of quantity, time, or a name. “How many times did you hit him?” 5 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills “What time did you see her?” “Who were you with?” General Rules Use open questions when you want the interviewee’s version of events. Use direct questions when looking for specific information. Use an open question to expand on a response to a direct question. Additional Interview Techniques Prompting and Probes A single question will never be enough to cover an interview topic completely. In most cases the initial response will not be adequate. You will need to ask follow up questions to expand on the initial information provided. These follow up questions are called probes simply because we use them to probe more deeply into the subject material. A probe can be defined as:- ‘any verbal or non-verbal message designed to motivate the interviewee to amplify or clarify the material under review.’ The purpose of probes is to encourage better responses and help control the progress of the interview. The two types of probes we are going to look at are as follows:- Amplification - provides greater depth of response Clarifications - identify specifics and clear ambiguity You need to probe any response that does not meet the objective of the question. Often the interviewee may not be aware that they have not provided an adequate answer and it requires amplification and clarification. A skilled interviewer has the ability to know when a probe is required and how to use that probe without provoking a negative response from the interviewee. 6 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills Although you cannot prepare your probing questions in advance as an interview is not scripted, you can at the planning stage of your interview take cognisance of the type of responses your objectives require. Don’t expect to be able to do this right away. You need to practise to improve you skills. Amplification Probes An amplification probe as the name suggests asks the interviewee to expand upon the information they have provided. Here we are going to look at four types of amplification probes. Silence The gap between when one speaker stops and another starts is called reaction time latency. Inexperienced interviewers will allow a very short reaction time latency. In simple terms, there is very little silence between the answer to a question and asking another question. They seem afraid of silence and rush to fill any gaps that occur during the interaction. As a skilful interviewer you can use silence to your advantage. Normally the gap between questions should be about four to five seconds but in any case should not exceed ten seconds. Research has shown that leaving a break of five seconds before asking the next question can increase interviewee response by as much as twenty five percent. The advantages of silence are as follows:- Silence is a gap which must be filled. It infers a question and puts pressure on the interviewee to respond. You, the interviewer, do not have to do a thing except stay silent, yet the silence says “tell me more”. It allows you to recover your poise (should you need to) at critical moments during the interview. Never over use silence as this can diminish the impact and be careful the interviewee does not perceive silence as a threat. 7 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills Minimal Encouragement These include nonverbal noises and gesture along with short comments which are designed to encourage an interviewee to amplify their responses. These are known as "guggles". “Uh huh”; “Um hmm”; “Really”; “Yes”. Nods of the head. Expectant facial expression. Minimal encouragement says to the interviewee, “Go on I am listening and following you.” Direct Amplification Direct Amplification is exactly that. You simply ask directly for amplification. For example:- “What happened after that?” “Tell me more about……?” “Explain further the point about…….?” “What did you see…….?” “How did you find that out?” “Is there anything you would like to add?” Consider the above in line with open and direct questions. Echoing This is the practise of repeating a phrase or number of words after they have been said in a reply and which often has the same result as asking a direct question to prompt expansion of a specific point. It can be particularly effective if a person has been talking freely and then stops. Rather than asking a question, it is possible, that by reintroducing part of the most recent topic in this manner, the person may be encouraged to continue speaking. Changing the wording slightly or the inflection in some circumstances may help prevent over use of this method of probing. 8 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills For example:- Q. What drew your attention to that girl? A. She was on the dance floor, I thought she fancied me. Q. Fancied you? A. Yeah the way she was looking at me and the way she was dancing, or Q. Can you tell me what he was wearing? A. Aye, a pair of jeans. Q. A pair of jeans? A. Aye blue jeans, those stone washed ones. Clarification Probes Put simply, a clarification probe is just that. Its purpose is to clarify confusing or ambiguous responses. There are a number of ways in which you can do this:- Paraphrase The purpose of the paraphrase is to clarify what the interviewee has just said. They should either agree or disagree with the paraphrase. This is an example:- Interviewee:- “Generally the reason I haven’t been able to keep the accounts up to date is because my wife has been sick and I have been looking after the children, taking them to school and looking after the house.” Interviewer:- “So you haven’t kept up the books because of the demands put upon you by your family”. Interviewee:- “That’s right”. 9 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills For the paraphrase to work well, you must search for the essence or central theme of what is being said and find a way of restating it to the interviewee. The interviewer should be mindful to include the factual aspects of the reply and not to include any response that shows preconceived thoughts or opinions. This technique has a number of advantages. It helps clarify the information and demonstrates to the interviewee that you are listening. It also makes note taking easier. Summary Probe A summary probe is merely an expanded paraphrase but is generally not used until the end of a sequence of questions, e.g. at the conclusion of the description of a suspect or motor vehicle. As with the paraphrase the interviewee should agree or disagree with the summary. You can start your summary using a variety of phrases, for example, “Let’s see if I have got all this right” or “I just want to check what you have told me so far.” The summary has a number of advantages:- Clarifies lengthy or confusing interview responses Allows you to wrap up loose ends A way for you to check nothing has been left out Summaries should be regular, clear and concise. They should be appropriate in length in order to ensure accuracy in the summarisation of information received. A witness/suspect should have the opportunity to identify and amend any corrections to their accounts. Any amendments should be signed by all parties in the police officers notebook. 10 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills Direct Clarification The amplification probe, direct clarification, is a straightforward request to clarify a response. Whenever a vague, confusing or ambiguous statement is made a direct clarification probe may be used. For example:- “Could you explain a little more?” “What do you mean by that?” “I’m not sure I understand that”. “I don’t understand what you have told me”. Counter Productive Questions As an effective investigative interviewer there are several types of questions you should avoid. We call them counterproductive questions. These questions may introduce an element of negativity to the interview by prompting a desired answer from the interviewee, confusing or misleading them, preventing the interviewee from saying anything or even discouraging the interviewee from participating. Leading Questions The leading question is probably the best known counterproductive question. These questions are phrased in such a way that the interviewee is encouraged to respond in the way the interviewer wants them to. They should be avoided as they:- May communicate what response is expected May introduce information that has not been provided by the witness May assume details that have not already been provided by the witness For example:- “I suppose like most young men you like to go clubbing”? “You know she stays at 22 High Street don’t you?” “You had too much to drink and stayed on late?” 11 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills These types of questions are problematic because they may ask the witness for details that did not happen or are not well remembered. Witnesses often ‘go along with’ interviewer’s suggestions even if the detail did not happen/was not accurate. These type of questions should be avoided at all times as they can affect the accuracy of the information gathered. Using them can at best have a detrimental effect on your interview and at worst be regarded as inadmissible in a court of law. One of the main problems with leading questions is that information is divulged to the interviewee and is sometimes called specialist knowledge, i.e. only information that the perpetrator of the crime and the investigating team would know. Should this happen a conviction may be lost as the suspect may state later that they were frightened and merely agreed with everything that was said. Consider this example:- Q. “You hit her over the head with a hammer, didn’t you?” A. “Yes” Q. “The one from the tool box in the garage?” A. “Yes” Q. “The one with the blue handle?” A. “Yes” Pre-Suppositional Questions These are phrased in such a way that the interviewer pre-supposes the interviewee’s response and so encourages a desired response. They may result in asking witness for information that did not happen The witness can go along with interviewer even if information not accurate For example:- “Was he a tall man?” “I take it he used a condom?” “How fast was the car going when it crashed?” 12 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills The inference of these questions suggests the man was tall, the car was going fast and the interviewee cannot tell us anymore. Try rephrasing them using both open and direct questioning, for example:- Q. “Describe the man in as much detail as possible? Followed if required by Q. “What height was the man?” or Q. “Tell me everything you remember when the vehicle crashed? Followed if required by Q. “What speed was the vehicle doing when it crashed?” You can see how we have removed the negative connotations by rephrasing the question. Negative Phrasing This type of question again can influence the response from the interviewee. For example:- “So you never saw the car drive away?” or “You can’t tell me anymore then?” Once again these can be rephrased:- “Did you see the car drive away?” “Is there anything else you can tell me about this?” 13 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills Multiple Questions These refer to instances where a number of questions are asked consecutively. Before the interviewee has time to answer the first question a second and third questions are asked, e.g. What did he look like, where was he and what did he do? Did you hit your nose off the fence, where was the fence, what colour was it? Do you know they were lying, how do you know, did they tell you they were? These types of questions should be avoided at all times as:- They provide less time for witnesses to collect their thoughts Witnesses tend only to answer one part of the question They can be too suggestive This type of questioning will rarely produce any worthwhile information as the interviewee generally will only manage to answer the first and last questions. The court may see these interview techniques as oppressive and as such your interview may be deemed inadmissible. Optional Questions Optional questions generally limit the response the witness can give to specific questions, and usually focus on aspects of the event that the witness has not already described. These types of questions should be avoided at all times as:- They limit a response They give a defined option for response They can be answered in one or a few words For example:- Was it before or after your dinner? Did you go in the car or walk? Was it a black or red jacket he wore? 14 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills The above examples show where it may elicit an inaccurate response as the interviewee may believe that one of these responses are correct and may respond by picking one of the options, even if they are unsure or know differently. The questions should be rephrased as:- Q. “What colour was the car?” or Q. “What did you use to strike the person?” Hypothetical Questions These may be perceived as trap questions and any answers are likely to be equally hypothetical. As such this type of question has no evidential value. For example:- “What would you say if we have a witness who can identify you?” “If you had been there what would you have done?” Fantasy Questions These are questions which ask the interviewee to imagine themselves in a particular situation. The response is likely to be just as fanciful as the question and equally useless. Erratic Questions This is when the interviewer alternates from topic to topic and deviates from the prepared structure of the interview. This can confuse both the interviewer and the interviewee and should be avoided. 15 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills Building Your Skills We have explored the different types of questions you can use to your advantage during an investigative interview. The only way to improve your skills as an interviewer is to practise. With the exception of counterproductive questions there is no such thing as a bad question, merely the wrong question at the wrong moment in an interview. Once again as you gain more experience your confidence will grow. When interviewing consider:- "Is my line of questioning fair?" Remember - detail is important. The PRICE Interview Model “A Witness Statement is the product of a Witness Interview” The thorough investigation of any crime depends largely on the information which you, the investigating officer, can obtain from people who know something in relation to that crime, in other words, the witnesses. Through practice you will be able to develop and enhance your statement taking skills. Whether or not a crime is appropriately investigated depends largely on the quality of statement taken from a witness and this in turn depends on your skill as an interviewer. Method When interviewing a witness a proper structure should be adopted. The model for interviewing witnesses is the PRICE Model. Planning & Preparation Assess the witness/consider vulnerabilities Consider location and or environment of interview Prepare an interview plan (if required) Refreshments made available (if required) Consider witness needs (child care/work etc.). 16 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills Rapport Be yourself and explain process of how statement will be noted. Assess welfare of witness Understand importance of first impression on witness Be professional Address any fears. Information Explain the interview process, ask witness if they have any concerns Allow first free recall be stating - “Tell me what happened” Note brief details of replies given Good use of questioning skills Utilise Topic headings to focus questions Use social rewards, thank them Ensure the essential elements of the crime are captured. Clarify/Confirm Clarify with the witness what has been discussed Confirm the version of events provided Correct any misunderstandings. Evaluation Note a chronological statement with information provided Evaluate and decide what to do next Explain process going forward. 17 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills Planning the Witness Interview It is important that an interview of a witness is carried out with some form of prepared interview plan. This will enable you to glean as much pertinent information as possible from the witness. The amount of planning will depend on the severity of the crime under review and the background information you have prior to the interview. This interview plan will also ensure that the statement noted following the interview contains all the information available at that time. The interview plan is a pre prepared document that is disclosable and should be lodged as a production at the conclusion of the interview. A plan will be dynamic and fluid. It will allow a free recall for the witness to provide an initial account. This is followed up by the specific areas of the interview plan that are to be probed in further detail. The areas to be probed can be altered during the course of the interview, based on the information provided. It should be noted that an interview plan may not list in full all questions that an interviewer may wish to ask, however the plan can include ‘Topics’ that are relevant to the crime under investigation, which is discussed in more detail in this chapter By using this process it should ensure that any re-interview carried out will be to either clarify information or cover any new information that has come to light since the initial interview. Poor planning means that you may miss an opportunity to gather important details or sufficient material to proceed with your case. Planning should not be rushed - you may jeopardise the whole enquiry by doing so. A police officer is entitled to ask probing questions in an effort to jog a witness’s memory or to clarify points in that statement. Not everything will be recorded, but it is important that it does contain everything of significance to the case, and also include anything that may be helpful to the defence. A witness statement should be the fullest possible account of the evidence which the witness would be expected to give in court. 18 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills The Witness Interview Structure Statements are often found to be devoid of key pieces of information. Statements can lack detail critical to the overall investigation. What is needed, is a skilled, comprehensive interview that can effectively be used in the investigation and any subsequent court proceedings. Following a structure is crucial when conducting a witness interview to ensure that as much information is captured as possible. The Witness Interview should mirror the following sequence:- Introduction/Assess welfare /Consider any Vulnerabilities of the witness Interview Principles should be explained First free recall opening with “Tell me what happened…” Gather Information from the relevant stages using appropriate topics (discussed further in this lesson note) to clarify what happened, Before the incident During the incident After the incident Clarify - Make sure you and witness understand the events Evaluate - What next Statement notation or further interview Signpost witness - Inform them of the next step. Topics When noting a statement, ‘Topics’ can be utilised as a guide within an Interview Plan to ensure the interviewer captures as much accurate information as possible. ‘Topics’ are the starting point when probing an element the interviewer wishes to obtain more detailed information from, for example:- Timeline (Suitable time parameters identified) Essential Elements of the crime (Modus Operandi) Description (Victim/Witness/Suspect) 19 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills Identification (Prior Knowledge of Witness/Suspect) Movements (Witness/Suspect routes taken) Clothing (Style, Colour, Make, Size) Property (Damaged, Stolen, Value) Telecoms (Mobile - Number, Type, Model) Transport (Vehicles, Bus, Walking) Injuries (Witness/Suspect, Medical Attention) Forensics (Fingerprints, Blood, Saliva, Cross Contamination) Social Media (Accounts, Usernames, Email Addresses). When probing each ‘Topic’ appropriate questions styles should be used by the interviewer to obtain the information. Starting with an open question, the interviewer can funnel their questions by the use of direct questions to obtain more specific information. Obtaining detailed and specific information ensures the statement remains focused on the incident under investigation. Again the list is not exhaustive. Relevant ‘Topics’ should be identified, dependent on the incident being investigated. Statements for Serious or Complex Crime under Investigation There may be occasions when circumstances dictate that conducting a witness interview/noting a witness statement may not take place in a chronological manner. When incidents occur that involve serious crime such as Rape, Assault to Severe Injury or a Domestic Abuse Investigation, it may require the interviewer to retrieve the main ‘During’ section of the statement FIRST. The interview would be conducted in three parts with information gathered as follows:- During the incident Before the incident After the incident 20 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills Examples of this can occur when:- Identification/Description required immediately for an ongoing incident Victim or Witness may have to receive medical attention/attend hospital for treatment Suspect unknown and requires to be traced immediately for public safety. Best for the welfare of the Victim/Witness Time critical investigations If the interviewer finds such an occasion, a free recall should be obtained first as per normal procedure However the interviewer should then identify an appropriate time parameter for the ‘During’ stage and direct questions to that stage. Here the interviewer should seek the information as they would normally during a witness interview. The ‘Before’ and ‘After’ stages of the statement can be obtained at the same time or it may have to be arranged for a later date depending on the circumstances. An officer will not be criticised for taking as long as they need to take a statement, provided the statement is comprehensive and contains all the details. The interviewer should always ensure that this information is passed onto the enquiry team if not part of the investigation team. Activity 1 A1 Your instructor will lead you through syndicate exercises which will cover the learning from this lesson 21 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills For further information, use the resources shown below:- There is no further reading for this lesson. Review: You can identify the most appropriate question types You can explain the advantages of open questions You can explain the use of direct questions You can explain the use of probes You can state the disadvantages of counter-productive questions You can identify and explain the stages of the PRICE model for witnesses You can explain the use of a Witness Interview Plan 22 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 23 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 16 Witness Interview Training - Questioning Skills 24 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL