Facilitator Guide - Royal Commission | NT · Facilitator Guide Constable ... Participant Guide...

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ANNEXURE IL-24

Suspect Interview

Facilitator Guide Constable

NTPFES College

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Commander/Director NT Police, Fire and Emergency Services College

Acknowledgement

NTPFES Multi Media

NTPFES College, Business Unit

Commander/Director

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Facilitator Guide Suspect interview

Location and Version History

NTPTRK I Induction I Constable I Suspect Interview

Official review to be conducted every two (2) years . Last review conducted : «»

19/03/2013 1.0 Initial Version NTPFES College --------

24/05/2013 1.1 New topic in Part 4 added NTPFES College ------ -

10/01/2014 1.2 Updated to corporate template NTPFES College

16/12/2014 1.3 Updated to corporate template and QA check done S/Sgt Davis and LDO Mardero

Removed Operational Excellence Logo, the word 11/05/2016 1.4 Training from NTFPES Training College and LDO Rachel Taylor

Assessment Method

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Contents

Administrative Requirements ....... .. ... ...... .... ... .. .. .... .... ... ... ............ ...... .... .............. ............ .... .. ..... 6

Personnel Resources ... .. ....... ........ ... ... ..... ..... .. ... .......... ........ .. ..... ... ... ............. .. ..... ... .................. 6

Additional Resources ... ......... .. .... ..... ... .. ..... ............. .. .............. ...... ... ........ ........ ...... ..... .... ... ........ 6

Session Plan ..... ... .................. ....... ... ... ... ................. .. ... .... ........ ..... ..... .... ... .... .. ............. .. ... ...... .. . 7

Overview .. ...... ... ... ........ ........ ... ...... ...... .. .. .. ........... .. ........ ...... ................ ... ......................... .... ..... . 9

Pre-requisites ......... ..... ..... ..... ........ .. ... ... ... ...... .... .. ...... ... .... ..... .. .. ..... ................... .. .. .. .... ..... ... .. .... 9

Legislation, Policy and Procedures .......... ......... .......................... ................. ............. ... .... ........ ... 9

Reference Material ..... .. .. ... ... ....... ........ .... ................... .. .... ..... ...... ...... .......... .. ... ...... .... .. ......... .. ... 9

Introduction ............ .... .... ... ...... .. .. .... ........................ ........ .. ... .................... ......... .... ....... .. ... ... ... . 10

Welcome ..... ........... .. ............... .. ..... .. .. ... .. ........ ...... .... ... .. ..... ........ ...... ...... .... ...... .... .... .. ............. 10

Administration .. .. .... ... ....... ... .... ...... .......... .. ................ .. .. ... ..... .. .. ... .... .... ... .... .. ........... ... ..... .. ... ... 10

PART 1 ........................... ................. .. ....... .............. .............. ........................ .... ........... ............. .... 11

Introduction I Revision ........... ...................... ...................... ...................................... .. ................ 11

Introduction I Revision .. .. ....... ... .. ........ ... ... ...... .............. ......................... .......... ................ ... ..... . 11

Activity 1 ...... ......................... ............. .. .. ........ ............. .. ...... .. .................................... .... .... .. ......... 12

Pop Quiz - Week 2 Conversation Management.. ...... ..... ... ... ... ... .. .... ..... .... .. ..... .... ........... .. ....... 12

PART 2 ......... ..... .... ................ ...... ..... .. .. ... .. .. ....... ... ... .. ................... ..... .............. ..... .... .............. ..... 14

Planning & Preparation Prior to Suspect lnterview ................................. ........ ............... .......... 14

Introduction ........ .......................................... .. ............................ .. .. · ....... ..... .......... ........ .... ........ 14

Planning for the interview to take place ... .... .... ... .... ... .......... .. ... .... ... .... ...... ..... ....... ........ ........... 14

EROI Plan .. ........ .. ........ .. ....... ............ .. ....... .. ... ....... .... ....... ....... ... .... .... .. ..... .... .... ......... ..... .... ... .. 17

Activity 2 ................. ......... .... .................. .. ................. ......................... .. ..... ..... ............ .... ... ........... 22

Revise EROI Plan Activity ..... ............... ... ... ... ...... .... ... ......................... ... ............... ....... ........... . 22

PART 3 ......... ............. .. ..... ... .......... ..... .... ... .... ... ... ..... ....... .... .......... .............. ... ... .......... .......... ....... 23

Master Tape Log Sheet. .... ................... ... ........ ............... ....... .. ................... .... .... .. ....... .............. .. 23

Master Tape Log Sheet .... .... ... .... ............ ......... ................... .............. ... ....... ..... ..... .. .. .. ............. 23

PART 4 .... ... .... ..... ...... ..... .......... ................................ ... ........... ....... .... ... .... .. ... ..... .. ..... ....... .. ...... .. .. 25

Interview Procedures .............. .. ......... ............. ...... ...... ............ ....... ...... .. ............................ ...... ... 25

EROI Equipment ......... .. ......... .. ....... .... .... ... ................................ .. ..... .... ........ ...... ... ..... .. .... .... ... 25

EROI Room Safety ..... ... .... ... .... ... .. ..... .... ...... ... .... ............ .. .... .. ......... .... ... ... .... .... ...... ..... .. ..... .... 25

Refusal to Participate in EROI .. ....... ............. ... .. ......... .. .......... ... .. ................................. .. .......... 27

Prisoner's Friend .......... ........... .... .... .... .. ............. .... ...... .. ........ ..... .. .. ....... .. ..... ...... ..... ..... .... ... .... 29

Interpreters and Translators ....... ..... ....... ....... .......... ............. ... ......... .. ......................... .. .. ...... ... 32

Lawyers in Interviews ... .. ..... ... .. ....... ... ........... .... ...... ............ ........ ... .. ......... .... ...... .. ...... ... .... ...... 35

Introducing Exhibits into EROI ... ...... ............... ....... .. .... .... .. ... .. ........ .. ..... .. ... .. ..... ... ...... .............. 36

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Drawings I Diagrams I Maps .................... .. ........... .. ......... ..... ....... ... .. ...... ............... .. ........... ... .. 38

Interruptions During EROI ........................... .. .......................... .......... .......... .. ..... ...................... 39

Evidence (National Uniform Legislation) Act. ............................ ............ ... ..... ..... ....... ................ 40

Adopting Previous Conversations and Investigative Actions ... ...... .................. .. .. .. .... ...... .... .... .. 43

Police Administration Act. ....... ..................... .................... .. ... ................. ...... ..... .... .... .. ............. . 44

PART 5 .......................................... ... ............ ...... .... ... ...................... ..... .................. ... ............. ...... 45

Concluding EROI ........................... ............................................................. ...................... .. ........ 45

Master Tape Seal ......... ............................................. .. .. .... ............. .. ..... .. ..... ..... ... ..... .. ...... ....... 45

Certificate of Accuracy of Digital Recording ........ .............................................. ... ... ......... ..... ... . 47

Activity 3 ................................... .. .. .... ............... ....................... .............................................. ... .... 49

Certificate of Accuracy of Digital Recording Activity ........ ... ... ....... ...... .................... .... .............. 49

PART 6 .......... ........... ...... ................. .................... ...... .......... ........ ......... .......... .............. .. .............. 50

Session Review ........................................................................................................................... 50

Appendix A - Suspect Interview Plan (example) .............. ........... .... .. ................... ... .......... ...... .. 51

Appendix B - Example of a sketch made by suspect ....... ............ .... ....... .. ............... .. .. ... ....... ... 71

Appendix C - Example of a Master Tape Log Sheet ................ ...... ................ ........................... 72

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Administrative Requirements

This module/unit requires the following administrative requirements either prior/during/after delivery.

OIC Assign facilitator to delivery module

Facilitator and co-facilitator names to be 11 month prior added to timetable. Calender invites to be sent to each facilitator

OIC Ensure trainees have access to College-Online

Contact PFES Security to ensure trainees 1 month prior

Admin Staff Book classroom

Personnel Resources

• 1 x Facilitator

• 1 x Observing Officer

Additional Resources

have access to Mental Health Online Course

Via email to College Admin

• Master Tape Log Sheet (1 per person)

• Master Tape Seal (1 per person)

• Certificate of Accuracy of Digital Recording

• Double sized classroom I Computer & light-pro

• EROI Plan

• Interviewer Notebook Plan

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Facilitator Guide

Session Plan

Introduction

• Welcome

• Administration

Part 1 Introduction I Revision

• Introduction I Revision

• Activity 1 - Pop Quiz - Week 2 Conversation Management

Part 2 Planning & Preparation Prior to Suspect Interview

• Introduction

• Planning for the interview to take place

• EROI Plans

• Revise EROI Plan Activity

Part 3 Master Tape Log Sheet

• Master Tape Log Sheet

Part 4 Interview Procedures

• EROI Equipment

• EROI Room Safety

• Refusal to Participate in EROI

• Prisoner's Friend I Youth Advocate

• Interpreters and Translators

• Lawyers in Interviews

• Introducing Exhibits into EROI

• Drawings/Diagrams/Maps

• Interruptions During EROI - How to Deal With Them

• Evidence (National Uniform Legislation) Act

• Previous Conversations / Investigative Actions

• Police Administration Act

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Facilitator Guide

Part 5 Concluding EROI

• Master Tape Seal

• Certificate of Accuracy of Digital Recording

• Activity 3 - Certificate of Accuracy of Digital Recording Activity

Part 6 Session Review

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Overview

This module covers the knowledge, skills and understanding required to interview suspects consistent with legislation, policy and procedures of the Northern Territory Police Force.

Pre-requisites

The pre-requisites for this module are:

• Investigative Interviewing- Conversation Management

Legislation, Policy and Procedures

The following legislation/standards/regulations are applicable to this module:

• Police Administration Act

• Interpreters and Translators (General Order) (insert date)

• General Order 01 - Questioning (insert date)

• Anunga Guidelines

Reference Material

• Nil

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Facilitator Guide

Introduction

• •

Welcome

Administration

Welcome

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J 5min

5min

Welcome all participants and introduce yourself as the trainer/assessor for this module.

Administration

Complete general administration:

• Attendance Sheets

• Location of Toilets

• Smoking Rules

• Emergency procedures (exits, muster points)

• Parking

• Telephones

Draw attention to:

• Start finish times and breaks

• Module Overview

• Assessment Methods

• Roles and responsibilities of the participant

• Rules and expectations of the session

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PART 1 ••• Introduction I Revision

• Introduction I Revision PPT - --------+--

Participant Guide Reference Page 6

Facilitator Notes

Introduction I Revision

Today we commence the next part of Investigative Interviewing -focusing upon Suspect Interview Procedures. Step 1 is to review the information you learnt from the first parts of investigative interviewing. To gauge the absorption rate of information from the previous session we will conduct a revision activity.

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Activity l •• • • Pop Quiz - Week 2 Conversation Management

Aim

Participants to test their knowledge on what they learnt during week 2 of investigative interviewing

Resources

• 1 x Quiz Sheet per participant

• 1 x Answer Sheet

Facilitator Instructions

1. Participants are to complete individually the following questions

Participant Instructions

1. Complete the following questions on your own.

Debrief

Facilitator to allow 15 minutes and then 5 minutes to discuss the answers.

Questions

1. What does the acronym PEACE stand for?

• Preparation and Planning • Engage and Explain • Account, Clarification, Challenge • Closure • Evaluation

2. What does TEDS stand for?

• Tell me • Explain • Describe • Show

3. Why should you prepare an EROI plan prior to conducting an interview?

To minimise the risk of missing or forgetting topics during the interview

4. Name 4 documents required for an EROI

• EROI Plan • Master Tape Log • Master Tape Seal • Certificate of Accuracy

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5. True or False - The PROMIS job number must be written on the Master Tape Seal?

True

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PART 2 ••• Planning & Preparation Prior to Suspect Interview

• Introduction PPT

.. Planning for the interview to take place

• EROI Plans


Facilitator Notes

Introduction

The suspect interviewing planning process can be viewed as having two phases.

1. Planning for the interview to take place. Involves consideration to logistics associated with arranging the interview and ensuring the interview team has sufficient resources to conduct the interview

2. Developing an actual interview plan. Involves giving consideration to the structure of the interview.

Planning for the interview to take place

Logistics

Logistics relate to planning for the interview to take place. This will include the basic considerations such as:

• Where to conduct the interview

• Who is present during the interview

• How you plan to convey the suspect from where they are, to the interview room.

• What aids, exhibits or items you want at hand during the interview.

• What type (if any) refreshments you will have on hand for the interviewee.

• Adequate stationary available for the interview

• Adequate DVD's

Individually each consideration may appear very basic, however it is always the basics that embarrass ill prepared police when it comes to interviewing suspects.

Where to conduct the interview.

In most instances the decision of where to conduct the interview will simply be the interview room nearest to the cells. However when interviewing persons serving time in prison such considerations will become more important. From time to time persons not in custody will be interviewed as suspects and options arise as to which police station interviews will be conducted. In instances such as those, it is imperative to build and maintain rapport with the suspect and consider that the needs of the suspect such as work commitments, child care arrangements, medical appointments may take precedence over the needs of the police to conduct an interview as quickly as possible.

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In every case, ensure that there are recording facilities available and that you are familiar with the operation of those facilities. In remote localities, you may need to be imaginative in choosing the place to interview the suspect and how you will record the interview.

Who is present during interviews

We will explore this consideration throughout the guide, however, having people such as; Prisoner Friends, support persons and Interpreters will need to be considered in all interview plans.

How you plan to convey the suspect from where they are to the interview room.

There are two considerations when it comes to conveying a suspect from point A to point 8 .

• Point A being where they are located

• Pont 8 being the interview room where the interview will take place.

The first and most important consideration is "safety first". Never isolate yourself with a suspect, to ensure your safety and the safety of the person who you want to interview. Under no circumstances should an interview be prefaced with some sort of physical confrontation.

The second consideration is to treat every exposure to the suspect as an opportunity to build, enhance or maintain rapport. There is no harm in asking polite questions about the suspect's welfare while moving from the watch-house cells to the interview room. It may be an opportunity to ask the suspect what kind of refreshment they would like during the interview. At times you may have to convey a suspect in a police vehicle for some distance and with longer exposure, stronger rapport opportunities exist. For lengthy conveyances, consideration should be given to recording any conversation which may occur.

What aids, exhibits or items you want at hand during the interview.

This is a limitless topic. A simple task such as showing surveillance footage to a suspect may require planning to have a monitor I lap top I TV screen or a variety of each present during an interview. Photographs can present their own unique issues, witness statements, forensic material and seized weapons can all create unforeseen issues during an interview if not adequately planned for. Therefore each object or item needs specific planning to ensure maximum impact during the interview.

What type (if any) refreshments you will have on hand for the interviewee.

We will address Anunga Guidelines specifically later but water I tea I coffee are excellent ways to establish rapport and ensure the comfort of the suspect. However, risk assessments in relation to providing boiling water to a violent suspect need to be considered and planned for.

Adequate stationary available for the interview

The lead interviewer will require writing paper. From your studies in Investigative Interviewing it should be very clear that once a suspect commences speaking the lead interviewer will be required to record key topics (Interviewee topics EE). The lead interviewer must be prepared to record a large volume of topics and not be caught short with inadequate paper I pens or stationary. Exactly how the lead interviewer will record the EE topics is a matter for the individual.

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EXAMPLE

An Interviewee may provide a free recall such as:

"Last night I was at home from about 5 pm to 6 pm getting ready. I can't remember when but my mate Gary came over. He is one of my best mates. I have known him since we were about 1 O or something like that. Anyway, when Gary arrived we had a beer and then he drove us into town.

We went to the Pub. We had about 4 or 5 beers and then I noticed this big dude with tatts sort of standing near us. I didn't think nothing of it at the time but he did look kind of crazy. Anyway, we were playing pool and then I heard a scream turned around and saw Gary with a broken beer glass in his face."

How the lead interviewer may record the topics might look like the following:

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Either way (or any other way) it cannot be overemphasised how important it is to plan how you are going to record the key EE topics.

How a co-interviewer will be utilized during the interview must also be planned. Organisationally, there is a requirement for the co-interviewer to maintain a Master Tape Log sheet. The planning for the interview should include briefing the co-interviewer to also be actually engaged in the interview and record the key EE topics as they flow from the interviewee.

The art of the co-interviewer is to record relevant succinct details on the master tape log without being distracted from the actual interview process.

Once the actual Interview Plan is complete, ensure the co-interviewer has a copy of the plan and instruct them to follow the plan with the lead interviewer to greatly reduce the chance of confusion during the interview and enhance cohesion between the lead and co-interviewer.

EROI Plan

Without completely repeating all the material you covered during Investigative Interviewing we will now review planning.

The first step of planning for an interview is to make an actual plan. Without making an interview plan you are well on the road to being disorganised and setting yourself up for failure. If at any stage when you are out on the "road" and a senior partner tells you they don't need an interview plan, do not take this as a sign of superior police practice.

You can be assured it is a lack of preparation and an illustration of a less than professional attitude. We will provide you with some examples of plans - (Annexure A, B and C) however treat them as exactly that - examples. Use the plans to form your own individual custom plan that works best for you. However it is important that your plan is legally compliant and you should always be aware that any document you take into an interview is legally disclosable to defence.

• Annexure A provides an example of a suspect interview plan

The plan should, where possible, follow a predetermined chronological sequence. Officers are encouraged to prepare a basic plan format, covering things that should be covered in every interview. This includes but is not limited to:

• Unsealing DVD's

• Placing DVD's in recording equipment

• Introduction of all persons present

• Questions compliant with the Anunga Guidelines used to determine whether or not a suspect understands the interview process, their rights and obligations, and the questions being asked by the investigators.

• Examples of questions may include:

"Can you understand me?"

"What level did you reach at school?"

"Can you read and write in English?"

"Do you speak any languages other than English?"

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If an EROI plan is not created and utilised throughout the interview, there is a significant risk that key issues will be forgotten to be addressed during the interview and legislative requirements are not met thereby rendering the entire, or parts of the interview and evidence obtained, inadmissible in Court.

For example, if the interviewer forgets to issue the Caution, as per s139 of the Evidence (National Uniform Legislation) Act and the interviewee has not provided sufficient information to confirm his/her understanding of that caution, the entire interview will likely be deemed inadmissible and not able to be tendered as evidence.

General Order - Questioning People Who Have Difficulties with the English Language - The 'Anunga' Guidelines

Gazette Notice - Implementation of Custody Manual And Associated General Orders

You need to look no further than the PEACE model when preparing an interview plan.

P Planning E Engage and Explain A Account, Clarification and Challenges C Closure E Evaluation

Your actual interview plan will commence on page 1 with the Engage and Explain phase. Yet the actual creation of your suspect interview plan will commence at the challenge stage. You will reverse engineer your interview plan, clearly indentifying and prioritising your challenges first.

For example you have been tasked to investigate an unlawful entry at 1 Johns Street Malak. Forensics located a finger print of Gary Cook (DOB: 21/08/1988) and he is now a suspect who you are planning to interview.

Your blank interview plan may look like:

EXAMPLE

Figure 1

Challenge Stage

No. 1

You said earlier

..... Explain that.

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Once you started planning for your interview your updated interview plan may look like:

EXAMPLE

Figure 2

Challenge No. 5

You said earlier

We have located a finger print identified as belonging to Gary Cook date of birth 21/8/1988 ... from a bedroom draw inside 1 John Street Gillen. Explain that.

Note that other less impactive challenges have been prioritised as challenge 1 through to 4. This Challenge is set to be delivered fifth.

During the interview you may have asked questions about his movements and obtained material from him you can use to enhance or "arm" your challenge. Your challenge may develop to look like:

EXAMPLE

Figure 3

Challenge No. 5

You said earlier, "You have never been anywhere near John Street Malak"

We have located a finger print identified as belonging to Gary Cook, date of birth 21/8/1988 from a bedroom draw inside 1 John Street Malak ... .. Explain that.

Obviously the finished product can only be "armed" during the interview or during a tactical break prior to the challenge stage. Figure 2 depicts how far you can progress a challenge during the planning phase.

Once you have all of your challenges clearly written out, in the order you plan to deliver them you can start to plan the Interviewer Topics (ER). Interviewer Topics (ER) are the bedrock upon which an interview plan is built.

You are only limited by your preparation as to how many ER topics you will plan for. Even with very limited information, a skilled interviewer can plan for multiple ER topics.

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Facilitator Guide

Example

Clothing worn Where are the clothes now? Movements on Monday night Drinking Drugs Who where you with? Where do they live? Ever been to Malak?

Ever been to Johns Street Malak? Ever been to 1 Johns Street? Did you use Facebook on Monday night? Did you spend any money on Monday night? Use an ATM?

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Try to think about ER topics that may elicit information that you can utilize to "arm" or enhance your pre planned challenges. Other important ER topics include:

• Points of proof

• Defences I excuses

• Intoxication

• Duress

• Mistake of fact

Once our plan has the challenges and the ER topics we can turn our attention to the first phase of our interview. The Engage and Explain phase.

Your actual interview plan should be as scripted as possible for your first few months on the road. The more scripted material in your plan, the easier it will be to deliver when under pressure, conducting your first few interviews. By scripted, we mean written out as you are going to say it.

For example, your plan may have the following information:

EXAMPLE

Time ---Date _ _ _ _

Name __ _

Persons Present ___ _

As an alternative it is recommended your plan should look like:

EXAMPLE

The time is now ____ on _ ___ the _____ _

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You can then fill in the blanks prior to the commencement of the interview to upgrade your plan to look like:

EXAMPLE

The time is now 5.55 pm on Monday the 1st of April 2013. My name is Constable Jeff Masters and I am currently sitting in the interview room at Alice Springs Police Station with three other people who I will get to introduce themselves for the purposes of the recording, starting with my co-interviewer

(Allow for co-interviewer to introduce her or himself).

The engage and explain phase encompasses:

• Introductions (as the example above)

• Explanation of the process

• Anunga Rules (where applicable)

• Adoption of 140 conversation (where applicable)

• The issuing of a Caution

• Reason for the interview or the allegation

All of the engage and explain phase can be scripted, rehearsed and made to appear totally professional even by the most inexperienced police officer. To reiterate; review the provided examples of interview plans and adapt the language to suit your vocabulary or develop your vocabulary to ensure the delivery of the engage and explain phase is professional, confident and stumble free.

Account

The account phase commences with the delivery of the planned opening question ..... and if that fails the delivery of the back-up question. Again the planned opening question should be scripted and can be rehearsed to ensure delivery appears professional.

....

NOTE

Remember

Use context reinstatement prior to the delivery of the openinQ question .

Remember to use context reinstatement prior to the delivery of the opening question.

Once the suspect commences talking , the interview transitions into the Interviewee Topics (EE) of the Account phase, you cannot plan for the EE topics. All EE topics are taken directly from what the suspect says. Your plan will have a large blank area with an "Interviewee Topics" Heading.

EXAMPLE

Question: What happens if the suspect does not provide a free recall?

Answer: Transition directly to your planned Interviewer Topics (ER)

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Activity 2 •• • • Revise EROI Plan Activity

Aim

To revise EROI plan previously created and identify and discuss whether it was effective during interview.

Resources

• Laptop Computer

• EROI Guide (Appendix A)

• Participant Guide


1. Revise the EROI plan you used in Conversation Management. Consider whether it was effective and assisted you in covering all that you needed to cover during your interview.

2. Duty student to draw for and against table on whiteboard and write down points identified by class participants.


1. Revise the EROI plan you used in Conversation Management. Consider whether it was effective and assisted you in covering all that you needed to cover during your interview.

Debrief

Class discussion on what participants would change when they create their own EROI plan as an operational Police Officer.

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PART 3 ••• Master Tape Log Sheet

4) Master Tape Log Sheet PPT


Facilitator Notes

Master Tape Log Sheet

The co-interviewer should maintain a chronological record of interview in note form, using the Master Tape Log.

However, there is no logical reason for a co-interviewer to be totally engrossed in furiously writing page after page on a Master Tape Log sheet and losing focus on the actual interview.

NOTE

Remember· You can always listen to the interview again; you can't conduct the interview again .

The planning for the interview should include briefing the co-interviewer to be actually engaged in the interview and record the key EE topics as they flow from the interviewee. Remember, the art of the co-interviewer is to record relevant succinct details on the master tape log without being distracted from the actual interview.

The co-interviewer should, at a minimum, record the following details on the Master Tape Log Sheet:

• Persons present I important times I admissions I witnesses I POi's

• Reason for committing the offence

• If permission was received (where relevant).

• Any other relevant information pertinent to the offence/s

Any other succinct information that may be relevant to the statement of facts or other avenues of enquiry should be documented. The Master Tape Log sheet may also contain material that will assist in planning challenges for a co-offender at a later date.

It may be important at a later date to be able to quickly locate a statement made by the suspect during an interview. If the co-interviewer has recorded times next to the information recorded on the Master Tape Log it may make it far easier for the investigator or OPP to locate the important statement.

The purpose of a Master Tape Log Sheet is not to provide an entire running commentary of the interview. The Master Tape Log Sheet is provided to the Prosecutor, with the completed

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Prosecution file, together with a working copy of the interview, as a reference document so the Prosecutor can easily locate such admissions and notable statements without wasting time listening to irrelevant conversation which is simply not time efficient.

The Master Tape Log Sheet is located on the NTPFES Intranet at:

Corporate Information/ Forms Online/Police Forms/PF209 Master Tape Log.

Example of Master Tape Log attached (Annexure E).

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PDF

4 Interview Procedures

" EROI Equipment

EROI Room Safety

Participant Guide Reference

Facilitator Notes I

EROI Equipment

SNT.0006,0019,0971

.11 II

PPT

Page 19

Always check the recording equipment prior to commencing an interview. At times, equipment may be faulty and may not have been reported for repairing. To conduct an interview which is not recorded is frustrating, embarrassing and may well prove detrimental to the investigation. At a minimum, consider utilising a back-up recording device such as a digital recorder.

EROI Room Safety IH PJ\I ti I "'•.111 fi•1l.1u1ll' J

1../1 IJA ~r [ '.115•201 f~t tlt1L" U I ' I

ll!fo\CTT r ·~ ·~-;ot

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Given that all interviews must first pass the test of voluntariness to be deemed admissible. It would be an incredibly rare occasion where you would interview a suspect in handcuffs. Consider the predicament from a defence lawyer point of view and how it could be twisted to give the impression the suspect was feeling pressure to confess. If it is unsafe to have a suspect in an interview room un-handcuffed consideration should be given to not doing the interview.

I<~ I Jl\1. I I ...,, 11/111

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Fac1l1tator GL11de Suspect 1nterv1evv

Always remember and employ the 10 Operational Safety Principals in all that you do, including conducting an EROI.

1. Safety First (Plan for an emergency. Know your contingency plan)

2. Risk Assessment (If I Then Thinking)

3. Take Charge (Be assertive, not aggressive)

4. Planned Response (If something goes wrong, know how you can counteract it)

5. Cordon and Containment (Can your suspect be secured in the room if necessary)

6. Avoid Confrontation (Be assertive, not aggressive)

7. Avoid Force (Be polite. Consider removal of restraints if appropriate)

8. Minimum Force (Use only appropriate force as required)

9. Avoid Forced Entries (Ensure room can be unsecured from inside and outside)

10. Call for Resources (Tell someone where you are and who you are with so they are in a position to respond in an emergency)

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• Refusal to Participate in EROI PPT


Facilitator Notes

Refusal to Participate in EROI

As a Police Officer conducting an interview with a suspect, we do not have the power to compel a suspect to answer allegations. Every person may exercise his or her right to silence.

The problem lies in police asking the specific question, "Do you want to participate an interview." Under no circumstances should such question be asked. If a suspect replies, "No" the entire interview is immediately placed in an extremely high risk category of being ruled inadmissible.

...

NOTE

There is no legislative or policy requirement to ask a suspect if they want to participate in an interview and police should refrain from using such a question at all times .

If a suspect states they do not wish to participate in an EROI that is acceptable, however, it does not and must not prevent Officer's from taking the suspect to the interview room and putting forward Police allegations, thus giving the suspect reasonable opportunity for recall.

An internal broadcast (below) addresses such an issue.

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EXAMPLE

Internal Broadcast - 19 March 2013

Authorised By

NTPOUCE, FIRE & EMERGENCY

SERVICES

INTERNAL BROADCAST

Chief of Staff, Office of the Commissioner

Interviewing suspects who declined to be questioned

The issue of the lawfulness of interviewing persons, who have declined to be interviewed, has been recently discussed between member after the decision of The Queen v CS [2012] NTSC 94 was published .

The decision by Barr J to disallow the interview was not based on the accused's wish not to be interviewed, but rather the length of time the accused spent in police custody prior to being interviewed.

A suspect's refusal to be interviewed should not preclude members from interviewing an offender who has been arrested for an offence punishable by imprisonment, if only to put the allegations to the offender and allow him to be interviewed in relation to the matter.

Police members are reminded of their responsibility pertaining to the detention of suspects pursuant to s137(2) of the Police Administration Act relevant General Orders, and the Anunga Guidelines.

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• Prisoner's Friend I Youth Advocate PPT

Participant Guide Reference Page 22 -------

Facilitator Notes

Prisoner's Friend

Where a person who is apparently a vulnerable suspect; that is, they may have limited mental capacity, or by reason of age, education or ethnicity is disadvantaged, measures must be taken to ensure a fair interview. Such measures include engaging a support person while the suspect is in custody.

If any person being questioned requests that a third person be present (other than a co-offender), the officer shall accommodate this request unless it is impracticable to do so, provided the third person does not hinder or obstruct the interview. If the prisoner's friend does hinder or obstruct the interview they will be excluded and directed to leave the room.

EXAMPLE

Suspect Smith is being interviewed in relation to an unlawful entry at Mitchell's Outdoor and Camping Store, Pinelands. Prior to the interview he requests that his Pastor be present during the EROI. As the Pastor is not a co-offender he is able to be utilised. During the EROI he cannot advise Suspect Smith on how to format his responses to questions or to not answer questions. The Pastor cannot answer questions for Suspect Smith however he can seek clarification on the meaning of the question. He cannot disrupt the interview in any way.

Where the prisoner's first choice of a "friend" is not available, all inquiries made should be recorded and the prisoner told of this. The prisoner must be invited to nominate a second choice and the process repeated until someone suitable is found. Evidence must be available to demonstrate that reasonable efforts were made by Police to secure the attendance of each person nominated by the suspect.

Prisoner as Prisoner's Friend

It is not desirable to use another prisoner as a "prisoner's friend" unless very good reasons exist to do so.

Additional "Prisoner's Friend" Present in Case of Very Serious Matter

If an interview with a suspect is to be about a serious matter and if the suspect asks for an additional "prisoner's friend", there is no objection to another "prisoner's friend" being present at the interview. However, in such cases the relevant instructions of this General Order apply to both "prisoner's friends".

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If the suspect desires not to have a "friend" present, the suspect's statement to that effect must be recorded by the best means available. Officers should not impose another person's presence on a suspect who does not desire that person to be present.

Role of the Prisoner's Friend

Police should always explain the "prisoner's friend" role clearly to the suspect and person acting as "prisoner's friend" and ensure that both parties understand the role. Officer's must confirm that the suspect and prisoner's friend both clearly understand the prisoner's friend role and clarification of that understanding may be recorded as part of the EROI, or a separate interview conducted just with the prisoner's friend prior to the commencement of the actual interview. A prisoner's friend who does not understand their role is of no use and interviewing officers should attempt to engage the prisoner's friend during the actual interview.

General Order Q1 - Questioning and Investigations states that:

Prior to commencing an interview in the presence of a "prisoner's friend", Officers are to explain to the chosen "friend" in simple terms:

5.2.1 the reason for the interview;

5.2.2 the form the interview will take;

5.2.3 brief particulars of the alleged offence;

5.2.4 that the "friend" has been chosen by the suspect to sit with the suspect in a supporting role;

5.2.5 the right of the "friend" to assist or support the suspect with help or clarification if at any time it appears necessary;

5.2.6 the right of the "friend" to talk to, or otherwise communicate with the suspect at any time that he/she is acting as a "friend"; and

5.2.7 the right of the suspect to communicate with the "friend" at any time for advice or for any reason.

A "prisoner's friend" should be invited to identify themselves in all records of interview at which he/she is present.

5. 7 It should be clearly understood that the qualities that should be met by a person acting as a "prisoner's friends are:

5.7.1 The person should be "someone in whom the suspect has apparent confidence by whom the suspect will feel supported".

5. 7.2 The person should be a person "who knows and is known to the suspect".

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Youth Support Person

When a youth under the age of eighteen ( 18) years or who is apparently under the age of eighteen (18) years is to be interviewed, the interview MUST be conducted in accordance with both Section 18 of the Youth Justice Act and the provisions of General Order 01 - Questioning and Investigations.

18 Interview of youth

( 1) This section applies if a police officer believes on reasonable grounds that a youth has committed or is implicated in the commission of an offence that, if committed by an adult, would be punishable by imprisonment for 12 months or longer.

(2) The officer must not interview the youth in respect of the offence, or cause the youth to do anything in connection with the investigation of the offence, unless a support person is present while the officer interviews the youth or the youth does the act.

(3) This section does not affect the power of a police officer, under the Police Administration Act or any other Act, to require a youth to give the youth's name and address.

(4) This section does not affect the operation of Part V or VI of the Traffic Act and, subject to Part 6, a youth may be dealt with under those Parts of that Act as if he or she were an adult.

Section 35 Youth Justice Act

35 Support person

(1) For this Part, a support person, in relation to a youth, is one of the following:

(a) a responsible adult in respect of the youth;

(b) a person nominated by the youth;

(c) a legal practitioner acting for the youth;

(d) a person called upon under subsection (5).

(2) A person cannot be a support person if he or she is, in the opinion of a police officer dealing with a youth, an accomplice of the youth in the alleged offence or likely to lose, destroy or fabricate evidence relating to the offence.

(3) A youth cannot be a support person, but nothing prevents a youth who is being dealt with under this Act requesting another particular youth be present as well as a support person.

( 4) Unless in his or her capacity as a responsible adult in respect of the youth, a police officer, a probation officer or a person employed at a detention centre cannot be a support person.

(5) If a police officer has made reasonable attempts to have a person mentioned in subsection (1 )(a), (b) or (c) present but it was not practicable for any such person to be present within 2 hours, the officer may call upon a person from the register maintained under section 14 to be the support person.

(6) If a youth requests that another particular youth be present as well as a support person, a police officer dealing with the youth must accommodate the request, if practicable, unless:

(a) the officer considers that the other youth is an accomplice in the alleged offence or likely to lose, destroy or fabricate evidence relating to the offence; or

(b) It would lead to undue delay after the time in which a support person is able to be present.

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Facilitator Guide Suspect inteNiew

.. Interpreters and Translators PPT


Facilitator Notes

Interpreters and Translators

Interpreter

Is a person who interprets spoken language from one language to another.

Translator

A person who can read and write a particular language and translate that language into another language.

Police Officers should be aware that in any situation where an offender or suspect is interviewed and a confession is obtained, and English is not the first language of the offender I suspect, there is a risk that the confession will be inadmissible in court. This risk will be reduced by the use of an Interpreter.

Likewise in any situation where evidence is obtained from a victim or witness by interview and English is not the first language of the victim I witness the use of an Interpreter may enhance the quality and accuracy of that evidence.

Police Offic~rs must use accredited Interpreters I Translators. These can be accessed through Aboriginal Interpreter Service (AIS) or Northern Territory Interpreter and Translator Service (NTITS).

AIS provides interpreters who speak 15 accredited Aboriginal languages and 104 other language dialects. NTITS provides Interpreters that speak migrant and refugee languages, as well as sign language for the hearing impaired.

Introducing Interpreters I Translators into EROI

When conducting an EROI with the assistance of an interpreter I translator, this person must be introduced into the meeting. The interpreter I translator is to identify, not only themselves, but also the Service they work for, how long they have worked in this role, what their qualifications are and what language will be spoken during the interview. This introduction must be recorded.

At the conclusion of the EROI you should obtain a statement from the interpreter I translator in regards to assisting with the interview, as they are likely to be called as a witness should the matter proceed through Court.

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Evidence (National Uniform Legislation) Act

30 Interpreter A witness may give evidence about a fact through an interpreter unless the witness can understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to questions that may be put about the fact.

EXAMPLE

Also present is -------who is an interpreter in the ______ language.

For the purpose of the tape can you please state your full name?.

What languages can you speak? How long have you spoken these languages? How long have you interpreted for? Have you got any qualifications in interpreting? What is your first language?

Explanation of Interpreters role As an interpreter, you must interpret exactly what is said to you today by everyone in this room.

You must not try and guess at what you think someone is trying to say. You must interpret what is said exactly without changing the words.

If you do not hear or understand something that is said , tell me so that I can say it again for you to interpret.

Can you tell me what I have just said to you?

How to access Interpreters I Translators from the AIS:

• Seek approval from the Watch Commander or OIC of your station I section

• Complete the online AIS request form via the AIS website - www.ais.nt.gov.au

AIS may also be contacted on:

• Darwin 89998855

• Alice Springs 89515244

• After hours 89998353 (all regions)

At the time of the booking, provide AIS with the offender's name, age, the language spoken and the nature of the incident to be discussed I interpreted:

How to access Interpreters I Translators from the NTITS:

• Seek approval from the Watch Commander or OIC of your station I section

• NTITS work Monday to Friday 8:00am - 4:00pm

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Appointments are made by calling NTITIS:

• Darwin 89997566

• Alice Springs 89515389

After hours Police Officers are to call the Translating and Interpreting Service 131450.

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.. Lawyers in Interviews PPT


Facilitator Notes

Lawyers in Interviews

At times the suspect will request their lawyer sit in on the EROI with them. Although this does not happen often, you may come across it and need to take appropriate action.

A lawyer acting on behalf of the suspect, sitting in on an EROI is bound by the same rules as a prisoner's friend, in that they may provide legal advice but cannot obstruct the interview or hinder the investigation. A lawyer cannot answer questions on behalf of the suspect.

At the commencement of the interview the lawyer must identify themselves, identify who they are employed by, and explain the role they will be filling during the EROI.

If in extreme circumstances you are required to exclude a lawyer from the interview, you should ensure you give the suspect every opportunity to access another.

During the EROI, remain at all times professional. If you do something wrong, admit to it at the time, apologise and move on. Do not be rude, arrogant or belligerent. Engaging in these types of behaviours significantly increases the risk of the EROI being deemed inadmissible.

At the commencement of the interview the lawyer must identify themselves, identify who they are employed by, and explain the role they will be filling during the EROI.

EXAMPLE

Also present is _______ who is a lawyer acting on behalf of the suspect, Joanne Bloggs.

For the purpose of the recording can you please state your full name.

• What is your relationship with the suspect?

• Who do you work for?

• Have you provided legal advice to the suspect?

• Do you understand that you cannot answer on behalf of the suspect and you must not do anything to obstruct the interview or hinder the investigation and any failure by you to act appropriately and professionally during this interview will result in your removal from the interview?

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• Introducing Exhibits into EROI PPT


Facilitator Notes

Introducing Exhibits into EROI

Often during an investigation, prior to conducting an EROI with a suspect, you have located and exhibited evidence to support your case. If you wish to introduce this evidence into your EROI , for the purpose of showing it to the suspect, the evidence must be clearly identified on the interview recording.

An exhibit must always be signed out of the relevant property office to maintain chain of evidence. In the interview room, the exhibit should be kept out of view of the suspect until it is time to introduce it.

In order to introduce an exhibit into an EROI it must be clearly identified. This is done by reading the exhibit number specific to the item and describing the exhibit. You can ask the suspect whether they agree with the exhibit number you read out and whether they agree with the description of the exhibit. If not, get them to say why. This must all be done prior to asking the suspect any questions about the exhibit.

Do not allow the suspect to handle the exhibit, and, if it can be avoided, do not remove the exhibit from its secure packaging. For example, do not hand a knife to a suspect and ask him to describe it, rather leave it the packaging it is in, unless the knife cannot be clearly viewed. Consider using a photograph in these circumstances.

Once you have finished with each exhibit, place it back out of sight of the suspect prior to introducing the next exhibit.

Usually an exhibit will be introduced during the challenge stage. Although there may be times when you will introduce the exhibit during the ER stage to have the suspect adopt the item - and then use it with greater impact during the challenge stage.

Exhibits are not limited to items that have an exhibit number. Your investigation may also include, but is not limited to, exhibits that are documents, photos or CCTV footage. How you identify and introduce these items will be dependent on numerous factors i.e. how the item is labelled, whether the item is original or a copy, how the item is reproduced (played via computer from a file or through a DVD player from a disc). Nonetheless, it is essential that these items are clearly identified during the interview so that they may be scrutinised at a later date.

NOTE

It is best practice that all items be exhibited where practicable.

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Putting It All Together

As you can see the interview room can rapidly become a crowded environment. In one room you could have yourself conducting the interview, another officer as the co-interviewer, the suspect, a prisoner's friend, an interpreter and on rare occasions a legal representative. This type of multifaceted communication will be completely foreign to most people. Remember the following:

• Take your time - There is no rush, interviews involving multiple persons present, will take longer than you expect.

• Speak slowly and use the interpreter at all times. Do not simply have an interpreter present and not utilize them.

• Attempt to engage the prisoner's friend . Do not simply leave the prisoner's friend sitting there all interview with zero input.

• Take breaks as required.

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• Drawings/Diagrams/Maps PPT


Facilitator Notes

Drawings I Diagrams I Maps

At times, in order to clarify issues, you may require a suspect to draw a diagram, picture or even a map. Ensure that you have available resources in the room to do this prior to commencing the interview (planning).

If you do require the suspect to draw something, they must identify what they are drawing at the time, for example a bedroom in a house, what is in the room, where the alleged offence took place in the room, where the suspect was standing at the time and so on. The suspect is to label everything that is drawn however if the suspect is unable to write, you may write on the drawing, exactly what and where the suspect indicates.

Tell the suspect to describe what he/she is drawing at the time, and also explain the relevance to that particular item, object or location. When you and the suspect are satisfied that the suspect has drawn all that he/she is required to or they have exhausted their memory, the drawing MUST be signed and dated by the suspect, in the presence of the investigating Officer. The drawing, diagram or map must be clearly identified on the EROI recording. Each Officer will have their own way of identifying drawings, diagrams or maps BUT it must be consistent. For example you may identify the drawing, diagram or map as Drawing 1, Appendix A, etc.

An example of a sketch provided by a suspect can be found at Appendix D.

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Facilitator Guide

• Interruptions During EROI - How to Deal With Them


Facilitator Notes

Interruptions During EROI

Noise

SNT.0006.0019.0985

Suspect interview

PPT

Page 31

Sometimes, by the nature of the location of an EROI, there will invariably be noise heard during the interview. Loud noises may including banging, shouting, items being dropped, loud conversation and even knocks at the door.

If this occurs during an EROI it is imperative that you ask the suspect to identify what they heard, where the noise appeared to come from, and confirm that the noise was not created in the EROI by anyone. This negates any risk of a lawyer, or suspect, claiming that questions were only answered due to the suspect being under duress to answer questions during the EROI as there was someone in the room deliberately creating the noise to intimidate the suspect.

In the case where the noise is so loud that it makes hearing difficult, whether the investigator is asking a question or the suspect is answering a question, the question or answer needs to be stated again. The court may listen to or watch the EROI and they must be able to clearly hear what is being said by everyone present.

Knock at the Door

Another type of disruption to an EROI is someone knocking on the door, whether to relieve an investigator or to pass information. If this occurs, suspend the interview and speak with the person if necessary. Identify the exact time the interview was suspended.

Once the disruption has been dealt with, recommence the EROI, clearly identifying the recommencement time. It is important, at that time, to ask the suspect to describe exactly what occurred.

In the case another person enters the EROI , they must clearly identify themselves on the EROI recording and include the reason they have entered the interview.

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• Evidence (National Uniform Legislation) Act I PPT

Participant Guide Reference I Page 32

Facilitator Notes

Evidence (National Uniform Legislation) Act

Section 84 Exclusion of admissions influenced by violence and certain other conduct

(1) Evidence of an admission is not admissible unless the court is satisfied that the admission, and the making of the admission, were not influenced by:

(a) violent, oppressive, inhuman or degrading conduct, whether towards the person who made the admission or towards another person; or

(b) a threat of conduct of that kind.

(2) Subsection ( 1) only applies if the party against whom evidence of the admission is adduced has raised in the proceeding an issue about whether the admission or its making were so influenced.

Section 85 Criminal proceedings - reliability of admissions by defendants

(3) Without limiting the matters that the court may take into account for the purposes of subsection (2), it is to take into account:

(a) any relevant condition or characteristic of the person who made the admission, including age, personality and education and any mental, intellectual or physical disability to which the person is or appears to be subject; and

(b) if the admission was made in response to questioning:

(i) the nature of the questions and the manner in which they were put; and (ii) the nature of any threat, promise or other inducement made to the person

questioned.

138 Exclusion of improperly or illegally obtained evidence

(1) Evidence that was obtained: (a) improperly or in contravention of an Australian law; or

(b) in consequence of an impropriety or of a contravention of ar:i Australian law; is not to be admitted unless the desirability of admitting the evidence outweighs the undesirability of admitting evidence that has been obtained in the way in which the evidence was obtained.

(2) Without limiting subsection (1), evidence of an admission that was made during or in consequence of questioning, and evidence obtained in consequence of the admission, is taken to have been obtained improperly if the person conducting the questioning:

(a) did, or omitted to do, an act in the course of the questioning even though he or she knew or ought reasonably to have known that the act or omission was likely to impair

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substantially the ability of the person being questioned to respond rationally to the questioning; or

(b) made a false statement in the course of the questioning even though he or she knew or ought reasonably to have known that the statement was false and that making the false statement was likely to cause the person who was being questioned to make an admission.

(3) Without limiting the matters that the court may take into account under subsection (1 ), it is to take into account:

(a) the probative value of the evidence; and

(b) the importance of the evidence in the proceeding; and

(c) the nature of the relevant offence, cause of action or defence and the nature of the subject-matter of the proceeding; and

(d) the gravity of the impropriety or contravention; and

(e) whether the impropriety or contravention was deliberate or reckless; and

(f) whether the impropriety or contravention was contrary to or inconsistent with a right of a person recognised by the International Covenant on Civil and Political Rights; and

(g) whether any other proceeding (whether or not in a court) has been or is likely to be taken in relation to the impropriety or contravention; and

(h) the difficulty (if any) of obtaining the evidence without impropriety or contravention of an Australian law.

139 Cautioning of persons

(1) For the purposes of section 138(1 )(a), evidence of a statement made or an act done by a person during questioning is taken to have been obtained improperly if:

(a) the person was under arrest for an offence at the time; and

(b) the questioning was conducted by an investigating official who was at the time empowered, because of the office that he or she held, to arrest the person; and

(c) before starting the questioning the investigating official did not caution the person that the person does not have to say or do anything but that anything the person does say or do may be used in evidence.

(2) For the purposes of section 138(1)(a), evidence of a statement made or an act done by a person during questioning is taken to have been obtained improperly if:

(a) the questioning was conducted by an investigating official who did not have the power to arrest the person; and

(b) the statement was made, or the act was done, after the investigating official formed a belief that there was sufficient evidence to establish that the person has committed an offence; and

(c) the investigating official did not, before the statement was made or the act was done, caution the person that the person does not have to say or do anything but that anything the person does say or do may be used in evidence.

(3) The caution must be given in, or translated into, a language in which the person is able to communicate with reasonable fluency, but need not be given in writing unless the person cannot hear adequately.

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(4) Subsections (1 ), (2) and (3) do not apply so far as any Australian law requires the person to answer questions put by, or do things required by, the investigating official.

(5) A reference in subsection (1) to a person who is under arrest includes a reference to a person who is in the company of an investigating official for the purpose of being questioned, if:

(a) the official believes that there is sufficient evidence to establish that the person has committed an offence that is to be the subject of the questioning; or

(b) the official would not allow the person to leave if the.person wished to do so; or

(c) the official has given the person reasonable grounds for believing that the person would not be allowed to leave if he or she wished to do so.

(6) A person is not treated as being under arrest only because of subsection (5) if:

(a) the official is performing functions in relation to persons or goods entering or leaving Australia and the official does not believe the person has committed an offence against a law of the Commonwealth; or

(b) the official is exercising a power under an Australian law to detain and search the person or to require the person to provide information or to answer questions.

Explanation of the effect of sections 138 and 139

• 138(1 )(a): Improperly or unlawfully obtained evidence is inadmissible in Court, unless the Court determines that it is in the interests of justice to allow the evidence (Also refer section 143 PAA).

• 138( 1 )(b ): Evidence obtained as a consequence of information gained improperly is inadmissible in Court, unless the Court determines that it is in the interests of justice to allow the evidence.

• 138(2)(a): Where conduct on the behalf of Police Officers during questioning affects the person's ability to respond rationally it will be deemed that any admission was improperly obtained.

• 138(2)(b): Where a Police Officer makes a false statement in the course of questioning, any admission will be deemed to be improperly obtained.

• 138(3): Provides examples of circumstances that may be considered to be "in the interests of justice".

• 139(1 ): requirement to "caution" before questioning and effectively provides the wording of the caution - "you do not have to say or do anything, but anything you say or do will be recorded and may be used in evidence". (Note the use of the words "used in evidence" rather than "used against you" - everything said may be presented to the court, both inculpatory and exculpatory).

• 139(2): The person must be lawfully arrested (ie as per section 123 PAA).

• 139(3): The person must be able to understand the caution and therefore must be given in language understandable to the person - including the use of interpreters where required .

• 139(4): refers to laws which oblige the person to answer questions.

• 139(5): effectively provides an explanation of "under arrest".

• 139(6): effectively provides examples of circumstances where the person is not under arrest.

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• Previous Conversations / Investigative Actions PPT


Facilitator Notes

Adopting Previous Conversations and Investigative Actions

There are times that a suspect will make a spontaneous confession or admission prior to the commencement of questioning and before a caution has been administered, in relation to committing an offence.

In this case, for the confession or admission to be admissible, the substance of the confession or admission must be confirmed by the suspect during the EROI. If this does not occur, the confession or admission MAY be deemed inadmissible except in the case where the court utilises the provisions of 5143 Police Administration Act (refer also section 138(10 of the Evidence (National Uniform Legislation) Act.

NOTE

Members should be aware that the circumstances under which improperly obtained admissions are allowed into evidence will be rare and exceptional.

Version 1.4 of 72

WIT.0200.0001.1205

SNT.0006.0019.0990


• Police Administration Act PPT


Facilitator Notes

Police Administration Act

Section142 Electronic recording of confessions and admissions

( 1) Subject to section 143, evidence of a confession or admission made to a member of the Police Force by a person suspected of having committed a relevant offence is not admissible as part of the prosecution case in proceedings for a relevant offence unless:

(a) where the confession or admission was made before the commencement of questioning, the substance of the confession or admission was confirmed by the person and the confirmation was electronically recorded; or

(b) where the confession or admission was made during questioning, the questioning and anything said by the person was electronically recorded,

and the electronic recording is available to be tendered in evidence

Section 143 Certain evidence may be admitted

A court may admit evidence to which this Division applies even if the requirements of this Division have not been complied with, or there is insufficient evidence of compliance with those requirements, if, having regard to the nature of and the reasons for the non-compliance or insufficiency of evidence and any other relevant matters, the court is satisfied that, in the circumstances of the case, admission of the evidence would not be contrary to the interests of justice.

Version 1.4 of 72

WIT.0200.0001.1206

SNT.0006.0019.0991

v

PART 5 ••• Concluding EROI

, Master Tape Seal


Facilitator Notes

Master Tape Seal

The Master Copy of an electronic record of interview becomes an exhibit and as such must be stored and handled securely, so that an irrefutable chain of evidence can be demonstrated ensuring that no opportunity exists for doubts to be cast upon the integrity or authenticity of the tape/disc.

At the completion of an interview, and when otherwise necessary, the details on the Master Tape Seal are to be completed by the interviewing Officer and the appropriate portions of the seal attached to the Master Copy of the record of interview (in the suspect's presence), the second original and working copies.

The suspect is to be provided the opportunity to sign the Master Tape Seal however where the suspect refuses to sign, an Officer of the rank of Sergeant or above, who is unconnected with the investigation is to sign the seal. Should there be an interpreter, prisoner's friend , support person or solicitor sitting in on the interview, they too should be provided the opportunity to also sign the Master Tape Seal.

When completing the seal, full names are to be included along with rank and registered number where appropriate. All writing is to be in block letters with the exception of signatures.

The Master Tape Seal is not to be removed from the Master Copy of the record of interview without the authority of the Court before which the recording is to be tendered, and in the presence of that Court.

Each Master Tape Seal has an individual identifying number. This number should be recorded in the PROMIS reference tab. The identification number should also be attached to the statement of facts in relation to the alleged offence/s.

An example of an identifying number is A 122201 as below.

Version 1.4 of 72

WIT.0200.0001.1207

Facilitator Guide

Maiter Tape Seal Number

Version 1.4

NORTHERN TERRITORY POLICE

Master Tape Seal 1. Complete bel«e lllli~lng IO ca&Mlte cue. 2. Allix IOI' edg• or 11111 lorm to top of CU98tte cue face,

0818: \-, I ~', I \2_-, "'~ ........... ,~ :- ,.. _,....,?

Emlblt Rel: ... .... .. .. ::~ ...... . ?. .. :'!.-.. : .~ .. .

Peraon ln4ervi8Wld:

Slgl'UllUte: ........ ::::: . .... -::'.':::..'._'7. ···-·---···--·--.......... ... ..

lllame: ... ) ., ...... ~.':: ;":~.: ... -.... · .. ......... ............ ......... ......... ..... . ..

lnteMlwing Ofllolr:

SlgnetUre: .. ::-::::-:::-.... ~::-.:-:: .•.• ~ ........

Na/1'18 & R•nk: ... ~ ........ ........ .':'.:::~~ ..................... ......... .

Wlb'18a

Slgnaturv: ......... ........................................................ .. ....... .

Name: (and rank. If~) ............................................. ..

II penion _,llMllWlld refuM6 ID ll!gn above:

I ..................................................................................... an oftlcar of ''" rank ol S.{JNnl Of abo>I• being unconnected wllt1 IM enquiry IO wtllch lhll tapi relatee, MNby certlly lt11it lhil tapi

wu ~111«1 ID me Of1 ...................................................... (dm)

at ..................... (lime} by ................................................. (omc:.r).

Slgneture ..................... ........................... Renk ........................... .

A 122201 --;-.,. ......:; , Station .... ~.;::\~· .......... :-::-: ............. .

lrarvtew. .... '.~:~.::-~ .... .•• '.S-:.:?:2.] ......... ................. .... .. .

NORTHERN TERRITORY POLICE MASTER TAPE --~q

Time of llUMtw: Start ':':d. ............ \. End .Q'.?i.~9 .......

T111>9 Nr ........ I ............. of a total of ........... \ ....... ....... muter taPeG Ulld for complete Int !View. ·

A 12 2 2 Q l ~?,.__ oc CA ' Suapect .•. , H .. . N ................. .. ~ ...... .... .... ..... .

Int........_, (nlllTle & nr) ... , .. ::-.-.7:'..C"'l.~-. ...... ~ ... 5.~: ....... .. .

A 12 2 2 Q 1 11 po ........ ...... .• of .. , ..... , ....... .

Onie ol ntar\'low ,_.; .. 1 ... l .\..' .... .. LOl'lgth In minut s ••. :;.~.\ ... ..... .. . Suspect ......... G!.'t" ... ~-:., ................................................... . Corn:lborll4lng lll8mll8I' .• X-J .. o.~ .. si ............................ ....... . OChet preeent ............ ................................................................... .

In_.._._ .. _~ , ..... -.1"'1 ' --••-.a ...... v..,..,•~ ~· ~· ............... ...... :: ................ .. ......... . ~1Uf'9~:: ... ~u:':'.n~ .......... ..... Rat*& ft.tr . .. ,,,., ,,,,, ... ::-.. : .... ... !,

A 12 2 2 Q 1 TaPI ..... .\............. of .. \ ............ ..

l I - , I Date of lnlieMl!w ~ . .1 '. .. ~ ...... L.tmgltl In "*1ut111 .•. 't.;. ...... .. .... ..

Suapect .... .. ~.-... - ............ . ................... ...................... _ ....... . .

Comll>ofallng membet ...... ~ .. !.~~ -~·~'1-··-........................... .. Othllr~l"lf .. ...... .. .... .. .................. ..................... ........................ .

SNT.0006.0019.0992

Suspect interview

D .. "endlll.lt S12uarure

De.:~tName

Only c~ ltlis Hcbon rf pe<'IOf1 inte<V~ .. l'\J ... to 1"iJO~MCllOfl

Other P'Henl ·~ Interpreter SoloC~Df. S<Jppatt P~on R1nponte>t .. AdL>ll

of 72

WIT.0200.0001.1208

SNT.0006.0019.0993


• Certificate of Accuracy of Digital Recording PPT

Participant Guide Reference Page 39 ---- ---

Facilitator Notes

------ -----

Certificate of Accuracy of Digital Recording

Section 142(2)(ab) of the Police Administration Act requires a certificate of accuracy to be issued when relying on a digitally recorded interview in any court proceeding.

When an interview is conducted electronically, the interviewing officer is responsible for completing the certificate at the conclusion of the interview. The interviewee is to be handed the tear off portion of the certificate (blue copy).

The original (white) certificate and remaining portion of the blue certificate (copy) are to be attached to the prosecution file (in a re-sealable plastic bag) together with the Defendant's copy and Working copy of the interview.

Where a Defendant specifically requests a copy of the Electronic Record of Interview (EROI) from the interviewing officer, the officer is to have the defendant complete the appropriate 'receipt' section (contained in a text box) on the original form and provide the defendant with the Electronic Record of Interview and the blue (defence) certificate.

In this circumstance only the original certificate and working copy of the Electronic Record of Interview will be attached to the prosecution file.

Section 142 Electronic recording of confessions and admissions

(2) If the questioning of a person is electronically recorded as required by this section, or the giving of information is recorded as required under section 141, the investigating member shall:

(a) inform the person that the person is entitled to a copy of the electronic recording on request; and

(ab) if the recording is in digitised format, issue a certificate stating that the recording has not been altered after being made and, if applicable, that the prescribed requirements in relation to the method of making the recording have been met; and

(b) if the recording is an audio recording only or a video recording only, cause the recording or a copy of it to be made available to the person or the person's legal representative, without charge, within 7 days after request; and

(c) if both an audio recording and a video recording were made, cause the audio recording or copy of it to be made available to the person or the person's legal representative, without charge, within 7 days after request and cause the person or the person's legal representative to be notified that an opportunity will be provided, on request, for viewing the video recording; and

(d) if the transcript of the electronic recording is prepared by the police, cause a copy of the transcript to be made available on request to the person or the person's legal representative, without charge, within 7 days after the request.

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SNT.0006.0019.0994


(3) Except as provided in this section, nothing in this section prevents the use of an electronic recording in proceedings for an offence against a law in force in the Territory.

(4) An electronic recording in digitised format used in proceedings must be accompanied by the certificate relating to the recording issued under subsection (2)(ab).

PF20~


Certificate of Accuracy of Digital Recording Sf'ction 142(2)(ab) Police Adminisll"'.ition Act

Poli<:e StaCion .. D. '\ 1N

Interview Oat~ l3 03 2013 JO.~ . :£ BLOGGS

NamE' of In

M d. IN h 122201 aster recor 1r119 ~ea um er .. .

SERGEA.: :T TA: iYA ~lACE 23~8 • .. - -Certify that

I . An intE'rview with the above p!rson has been electronically recorded. 2 Th" recording anct cople-s are 11ue and accurate reco1dings in e"ery resp<!Ct. The re<ordi119 has not been

altered after being macte. 3. There are no prescribed requirements in relation to the methods of re<ordlng intervrews.

IGNATURE ~lERVIE\\1. 'G

ProS«u11on Use

l copyofcerti1\cate and recordin<;1 Dco1ovo

Distribution Original !white certificate) 4nd working copy EROI CClpy (blue certi~cate) and defence copy EROI

Copy 1ear off (lowf'r blue c~rtilicat"J

L 03 2013

ltl.ste;

D Audio Cassette

o- °'"--~L_J ___ J (Skjl~turl!!)

- Prose<ution file - Prose<utlon nle (place all certificates and EAOt5 in re1ealable i\4

plastic bag ana<:hed to the file) - I nteNiewee, lol lowin9 inte•v>ew

NatE>:Yau have recf.'ntly participated in an ele<tronic.llly reccJ<ded interview;

A CClpy of tne interview recording may be reque5led at the first court appearance from tht! Pmsecutc:>r. A Tr.in1crlp1lon of re<ordr119s will not be made e cept in exceptional circumstancM. Where a tranS<:ript h111 been prepared hyP<>I ce,a copy will be mad• Jv.rllable in ac.cordance with lhe pro"islons of the Police Adrmmstration Act. If the ~nteMcw was •~><ord~d usir•\J vrdeo and yO\.I tiave only bl>en supplrt!Q 11 4udto topy, the video may be "M!wed at a mutually 'O!Wl'nhmt 1lm by coo 1~c1 lng 1he Officer in Charg~ of the ca~.

Version 1.4 of 72

WIT.0200.0001.1210

Activity 3 •• • • Certificate of Accuracy of Digital Recording Activity

Aim

The aim is for participants to become familiar with filling out a Certificate of Accuracy of Digital Recording.

Resources

• Certificate of Accuracy of Digital Recording.

• Sharpie pens


1. Each participant is to complete a Certificate of Digital Recording .


1. You are to complete a Certificate of Digital Recording .

2. The person you have interviewed is the same person as in the above scenario.

Debrief

• Monitor progress during the filling out of the Certificate of Digital Recording • Provide assistance where required • Facilitator to give example of simple explanation if desired result not achieved

SNT.0006.0019.0995

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WIT.0200.0001.1211

PART 6 ••• Session Review

Briefly summarise all of the main learning points:

• Planning and Preparation priot to conducting an EROI

• How to complete Master Tape Log Sheets

• Interview Procedures

o EROI Room Safety/ EROI Equipment

o Refusal to participate in EROI

o Prisoner's Friend/ Youth Advocate

o Interpreters and translators

o Legal Advisors

o Introducing Exhibits with EROI

o Drawings - how to adopt

o Adopting previous conversations and investigative actions

• Concluding your EROI

SNT.0006.0019.0996

Highlight and review any learning points in the session that you believe have not been covered sufficiently and/or may require further emphasis.

Where relevant, pose specific questions to participants regarding the content of the module to ensure knowledge and been gained, and the required learning and understanding has been achieved.

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WIT.0200.0001.1212

Facilitator Guide

Appendix A· Suspect Interview Plan (example)

Suspect interview Plan

Aim I Objective: What is the purpose of this record of interview?

E.g. To obtain a clear, accurate and reliable account of the circumstances relating

to .................................................. ........... -.................. ... ............ ............................... .

CHECKLIST

a S140 PM requirements adhered to?

a Sufficient stationary (pens I paper etc)

a Water I cups I refreshments

a Tissues

a Master Tape Seal

a Certificate of Accuracy

a Master Tape Log

a Sealed NTPOL DVD pack/s

a Permanent marker

a Exhibits (correctly labelled I safety issues addressed I order of adoption)

SNT.0006.0019.0997

Suspect interview

a CCTV footage playback equipment (laptop I DVD player - functioning properly)

a Witness I Victims statement/s

U Backup recording device (e.g. Digital recorder)

U Legislation relevant to offence/s

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WIT.0200.0001.1213

SNT.0006.0019.0998


Suspect Interview Plan

Introductions

• State time, date and location

• Introduce self (name I rank I place of duty)

• Introduction of corroborator

''The time is now ... ..... .. am I pm on (DA TE/DAY)"

"This is an electronically recorded interview being conducted at .. .................... "

"Speaking is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "

"The other officer present is ......... ......... . ....... .. ... ... ........... ... Could you please state your

personal particulars?"

Suspect

• Introduce suspect and have him I her identify themselves

"Also present is {suspect} .. ....................... .......................... "

"For the purpose of identifying yourself for the tape could you please state your:

• full name ................................ ................................. .............. "

• "age and date of birth. .. ......... ........... ... ... ... ... ................. ... ...... "

• "current residential address .. ............ ........... ... ........ .... .. ........ . "

• "preferred name ................................ ......... .. ... .......... ... .. ..... .. . "

• "any other namels used .................... .... .. .... ........................... "

• "What name should I call you? .......... ........... ........... ......... ..... "

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WIT.0200.0001.1214

SNT.0006.0019.0999


To Prisoner Friend I Responsible Adult

• Obtain personal particulars (name I date of birth I address)

• Relationship to suspect

• Discuss previous conversation regarding role I expectations

• Reiterate role and expectations

" ................... ... ..... .... ,you are here as a support person and you may communicate at any time

with .................. , or offer support where you feel it is necessary. But you must understand that you

can't actually answer any questions for II

"Do you understand? .. ... ... ... ............ ... ..... .. ... ........... .. .. ... .... ... ....... .......... ........... .. .... .. "

To Interpreter

• Obtain personal particulars (name I date of birth I address)

• Which organisation is he I she employed with?

• Relationship to suspect (if any)

• Discuss previous conversation had regarding their role I expectations

• Reiterate role and expectations

Eg. "I'd ask that you interpret as close as possible to what {suspect} has actually said and

that you don't ask any questions that we haven't already asked ourselves. You can talk to

{suspect} if you need to work out what they're trying to say but I'd ask that you tell us what

was said. Do you understand this?"

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WIT.0200.0001.1215

SNT.0006.0019.1000


Engage and explain

• Reason interview is being conducted • Adopt 'ground rules'

''The reason this interview is being conducted is to ask you questions about what happened on {insert short overview of incident}

So, if you choose to talk to us, this is your opportunity to explain to us what happened.

If myself or my partner asks you a question and you don't understand it please let me know and we will ask it in another way.

During the interview I will be taking notes, this doesn't mean I am not interested in what you have got to say so please don't be distracted.

Myself and officer .. ........... ........... ....... will probably take a break half way through anyway okay?"

"Ok ... I'll just ask you some standard questions which we ask people at the start of an interview."

Identification & ANUNGA (ANUNGA where appropriate)

Have you ever been known by any other names? .............. .. ....... .... .

Do you reside at any other addresses? .................... ... .... ... ....... ... . .

Are you working at the moment? .. ...... .... ..... ... ............................. .

Who do you work for? ..... ... .. .... .. .... ... ... .......... ........................... ..

What is your occupation? ... ...... ... ...... ........ ... ............. ...... ............ .

Did you go to school? Where? ......... ... ....... .. ........ .... .. ..... ....... ... ..

What was the highest grade you finished? ......... . .. .......... ........ ....... .

Can you read and write English? .......... ........................................ .

Are you taking any prescription drugs or medicines at the moment?

If yes what .... .. ...... . ........ ... ....... ........ . ........ . ........ . ....................... .

Are you currently under the influence of alcohol or any other drug?

If yes what/when/how much? ...... .......... ......................... .... ..... .. . ..

Have you had something to eat I drink? ................................................ .

Have you had enough rest? ........ ................... ............................... ....... ..

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WIT.0200.0001.1216

SNT.0006.0019.1001


Do you need to use the bathroom? .............. ... ....... .. ............................. .

How are you currently feeling? ................. .. ........... ... ............ ................. .

Is there anything I need to know about your health before we continue?

If yes what ..................................... ......................... ................................ .

At any time during the interview you need a drink or feel you need to take a break just let me know ............. .... .................................................... ... .

Adopt prior conversations

• Adopt previous conversation/s held pursuant Section 140 PAA

• Adopt previous conversation/s held in relation to right to support person I

prisoner friend I interpreter

"Do you agree that prior to us speaking to you formally in this interview room, we had a conversation

{insert short description of when I where}?"

"What was that conversation

about? ............................... _ .... ............... ... .... .. ....... .. ........ .... ............. .......... "

"Do you agree that you were informed you that you were under arrest for

(if necessary) "Do you also agree that you were told that you did not have to say or do anything

and that anything you said or did would be recorded and could be used as

evidence? .................... .. ........... "

(if necessary) "Do you also agree that I told you that you had the right to contact somebody to

advise them of your

whereabouts? ......... ... .. .... ....... ... .. ..... ..... .............. .................. ............. .......... .. .... ..... ....... "

"What did you tell us? Request for contact to be made? Was contact facilitated? Are you happy

with what's been organised for

you? ............................................................................................................. 11

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WIT.0200.0001.1217

SNT.0006.0019.1002


Custody

Arrest: "Do you understand that you are still under arrest for {insert allegation} and that you're in

Police custody and not free to

leave?" ............ .. ........................................................ ........................................... .

(voluntary) Not under arrest: "Do you understand that you are not under arrest and that

you are free to leave at

time?" .. ......... .... .. ...................................... .... .. ...... ...... .... ..... ..... ........ .. ....... . .......... .

Caution

• Caution is to be delivered in a manner and language in which the

suspect understands.

• it does not have to be scripted and the language used should be

formulated in a suitable manner, adapted for the suspect.

"What I would like to talk to you about is {insert allegation}."

any

"Before either myself or any another police officer asks you any questions about this matter I must

inform you that:

You are not obliged to say or do anything unless you wish to do so."

... and

"Anything you say or do will be recorded and may later be given as evidence in Court."

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WIT.0200.0001.1218

SNT.0006.0019.1003


"Please explain to me what that means to you?" .................. .... .... .... .

If applicable, the following questions may be utilised to assist in explaining the

caution -

• "Whose choice is it to answer questions?"

• "Do you have to answer any questions?"

• "What will happen if you answer questions?"

• "Who will hear the evidence?"

• "Where can this evidence be heard?"

• "What could happen if a Magistrate, Judge or Jury hears this evidence?"

Ensure that the suspect has a thorough understanding of his or her right to silence and that any evidence provided by the suspect can be used agairnst

them in Court proceedings.

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WIT.0200.0001.1219

SNT.0006.0019.1004


Context reinstatement

"Now if you choose to speak to us today I'd like you to tell me as much detail as you can remember."

"So keeping this in mind I need to you concentrate really hard about the incident."

"Please think back and .... ..... ... .

Opening question/s

• "Tell me everything about your involvement in this matter."

• "Tell me everything about your knowledge of this matter."

Back up question

"Tell me everything, in as much detail as possible, about everything you did on {insert day I time etc}"

Apparently Co-operative witness:

Obtain Free Recall and identify topics for probing. Utilise Cognitive Interviewing model.

No comment interview: Refer to Police Topics and attachment for advice.

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WIT.0200.0001.1220

SNT.0006.0019.1005


Interviewee Topics

STRAIGHT TO "DURING" FOR ADMISSION/S

REMEMBER TO CROSS TO 2No PRIOR TO CLOSING TOPIC

T.E.D.S I WHO I WHAT I WHEN I WHY I WHERE I HOW?

Version 1.4 of 72

WIT.0200.0001.1221

SNT.0006.0019.1006


Version 1.4 of 72

WIT.0200.0001.1222

SNT.0006.0019.1007


*********TRANSITION TO POLICE TOPICS**********

Version 1.4 of72

WIT.0200.0001.1223

SNT.0006.0019.1008


BLANK PAGE TO BE CONSIDERED FOR SKETCH

Version 1.4 of 72

WIT.0200.0001.1224

SNT.0006.0019.1009


Police Topics

T.E.D.S I WHO I WHAT I WHEN I WHY I WHERE I HOW?

Are exhibits I statements to be introduced during this phase or the challenge phase?

REMEMBER TO CROSS TO 2No PRIOR TO CLOSING TOPIC

POINTS OF PROOF DESCRIPTIONS

DEFENCES ADVOKATE

- Self defence - Duress - Mistake of Fact - Authorisation, Justification &

Excuse

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WIT.0200.0001.1225

SNT.0006.0019.1010


INTOXICATION

Version 1.4 of72

WIT.0200.0001.1226

SNT.0006.0019.1011


Strategic break

• Strategic break to be made after Police (ER) topics • Review information from subject and assess challenge questions

"As I said earlier, we're going to take a quick break now before we finish.

We're just going to go over some things you've told us and then we'll be back shortly.

Do you need to use the bathroom or would you like a drink?

The time is now ........... and this interview is being temporarily suspended."

"The time is now ........... and this interview is being recommenced. Speaking is.. .. ........ .. .. .. ....... Also present is ......................... {suspect & corroborator}"

"Did any person speak to you during this break ...... ................................ ?"

"If so, who did you talk to and what did you talk ...... .............. .. ............ .. .. ?"

"I'll also take this opportunity to remind you that you are still under caution which means you do not have to answer questions or do anything in relation to this matter unless you choose to do so."

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WIT.0200.0001.1227

SNT.0006.0019.1012


Challenges

Have on hand exhibits I statements to be introduced.

1. You said earlier "

" Explain that


II

Explain that 3. You said earlier "

" Explain that


" Explain that


" Explain that

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WIT.0200.0001.1228

SNT.0006.0019.1013


CONCLUSION

"Is there anything else you would like to say in relation to this matter? ........ .. .. ... .... .. .... ..................................... ... ................ ....... .......... "

"Have you answered all the questions we have asked you today of your own free will? ................................ ............ ............. ................. ...... .............. .. .. ....... "

"Have you voluntarily answered questions in this interview? ..... ...... ... .. .. "

"Did myself, my partner or any other person make any threats or promises, towards you to answer

these questions today I tonight .... ....................................... "

(Prisoner's Friend I Responsible Adult)

Are you satisfied that ... .......... ... .... ... ......... . has answered all the questions we have asked of his

own free will? ... .. ... ..... ... ........... ........ .... ..

How do you feel that he I she has been treated by me and my

partner? .. .............. ... ............ ... ... .. .... .................. ... .............. .................... .

Certificate of Accuracy of Recording

"This is called a certificate of accuracy and there are instructions on this certificate saying on how

you or your legal representative can request a copy of this interview. "

Version 1.4 of 72

WIT.0200.0001.1229

SNT.0006.0019.1014


Master Tape Seal number

"This is called a Master Tape Seal. It's a large sticker that seals one of these DVD's so that it can't

be tampered with should this matter proceed to Court."

Have suspect read out master tape seal number. Have suspect sign where

applicable.

"Does anyone present wish to say anything before I conclude this

interview? ............ ... .. .... ..... .. .. .................................... ... ............................... "

''This interview is now concluded at .. ..... . . on .... ................ . .. ..... .. 2013"

Version 1.4 of 72

WIT.0200.0001.1230

SNT.0006.0019.1015


IF SUSPECT DOES NOT WANT TO ANSWER QUESTIONS

Would you please explain what you mean when you say you do not wish to answer any (further) questions? Is it that you do not wish to answer that question, particular questions or any further questions?

Do you wish to answer any further questions regarding this complaint or (alibi, other events)? If yes move to investigative important topics (ER I Police Topics)

Are you prepared to provide personal details for the purpose of this interview?

Are you prepared to have the details of the complaint outlined to you? If yes move to challenges and allow opportunity for the suspect to give an account.

Do you wish to make any comment concerning this complaint?

Do you wish to provide your version of events?

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WIT.0200.0001.1231

SNT.0006.0019.1016


EVALUATION

What was done well during the interview?

What wasn't done well during the interview?

What can be improved?

Version 1.4 of 72

WIT.0200.0001.1232

-0

WIT.0200.0001.1233

SNT.0006.0019.1018

Facilitator Guide Suspect Interview

Appendix C - Example of a Master Tape Log Sheet

PF20D 1/90


MASTER TAPE LOG SHEET

Master Tape Number: ... IJ.fl.h."J.."J'.9..... Date: /~ I :l I I 3 Interview Room Nr: .... J>..~.t::/. ....... . Person Interviewed: ............ .Dl.3.N..l.f::.J.... ....... F.O.~T.e;:~ ...... Niimo""""············ .. ····· .. ···:··z······ .. .. ... .. ... ........ .. ... ......... . Offences: ......... 8Cf.4B:8..V..A7.Q ......... .. B.:S.~U.L"T. .. 1 ........ .. B&E.l."H/{OIJl18BY.nlle.. .. P.VO Interviewing Member: ........... .. ~lrr. ... })fl..':f,. ......... .... ... ............... .P~.~D ..... .. ... .......... .. .. ... ..... ....... ~.S/ ... .

Nnmo ~iin1t" Rog, Nr.

Corroborating Member: .. ... .8€.U.M'lJA .... 5.F.w.l».ER.~ ... ...... ~!8. ~Stif... ......... .. .. .............. .?.:-6..~.~ ... .. Namo t:;/k.' f' Rtlg. Nr.

Other(s) Present: .. ........... NIL.. ............................. ...................... .. .... Namii ' " '"' ' ' ' '' ' ' '"'"" ''' '""'' ' '" ' " ' "'·· ................ .. . . .. .. .... .... .

Time Comenced: /'53,~ Time Completed: I 7 Tape: I ot I Time Counter Notes

lOCDNIJ:f

Version 1.4 of 72

WIT.0200.0001.1234

SNT.0006.0019.1019

Suspect Interview

Participant Guide Constable

NTPFES College

WIT.0200.0001.1235

SNT.0006.0019.1020

Intellectual Property Restricted:

Conditions of Use:

This document contains confidential and operationally sensitive information.

This document and its contents:

1. Remain the property of the Northern Territory of Australia ("the Territory") for and on behalf of the Northern Territory Police, Fire and Emergency Services ("NTPFES").

2. Must only be used for official NTPFES purposes.

3. Are provided to you in the strictest of confidence and are to be held on trust for and on behalf of the Territory. They must only be used for official NTPFES purposes and are returnable upon demand.

4. Except for official NTPFES purposes, must not be reproduced, stored or transmitted in any form, or by any process, or communicated to any person, without the prior written approval of the office holder specified below.

©Northern Territory of Australia for and on behalf of Northern Territory Police, Fire and Emergency Services.

Copyrighted materials, if any, reproduced herein are used under the provisions of the Copyright Act 1968 as amended or as a result of approval or permission granted by the copyright owner.

No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any electronic means, mechanical, photocopying, recording or otherwise without the prior written permission of:

Commander/Director NT Police, Fire and Emergency Services College

Acknowledgement

NTPFES Multi Media

NTPFES College, Business Unit

Commander/Director

Version 1.4 Page 2 of 62

WIT.0200.0001.1236

SNT.0006.0019.1021

Participant Guide Suspect interview

Contents

Overview ..... .. .......... .. .................... , .... .. ... .. ... .. ....... ........ ......... .... ..... ........... ..... .. ... .... .. ... ... ... .. ..... 5

Pre-requisites ....... ... .. ............ ... ..... ... .... ... ..... ..... .. .. ..... .... .. ...... .. ... ... ... .. ..... .................. ..... .... .. ..... 5

Assessment Method ...................... .... ... .. ..... .. .. ...... .. .... ..... ... ........ Error! Bookmark not defined.

Legislation, Policy and Procedures ..... ..... ... ......... .. .... ...... ... .. ..... .... .... ... ... ...... .. ..... .. .. ... ......... .... .. 5

Reference Material ... .. ........... .. ........ ... .. .. ... .. .... .......... .. .. ... ... ..... .. .. .... .. .... ...... ... ... ... ..... ...... .. ........ 5

PART1 ..... .. ....... ........ .... ........... ... ................ .. .... ............................ .. ........... .... ..... ...... ..... .... .. .... .. .... 6

Introduction I Revision ........................... ................................ .... .... .... .... .......... .... ..... .... ... ...... ...... 6

Introduction I Revision ....... .... ......... ... ..... .... ... .. ..... ..... ... .... .. .. ...... .. ... ... ...... ... .... ................ ....... ..... 6

Activity 1 ... ............................................ ... ...... .................... ..... .... .... ............. ................ ... .... .... ....... 7

Pop Quiz - Week 2 Conversation Management.. ........ ... .. ........ ... ... .... ... .. .. .... .... .... .. .... ....... .. .. .... 7

PART 2 .............. ...... ....... .. .... .. .... ........ ........... ........ .... ..... .... ....... .................... ....... .......... .. .. .......... .. 9

Planning & Preparation Prior to Suspect Interview .............. ...... ............... .... .. ......... ........ ... ..... .. 9

Introduction ........................................................................... .. ..... .. .. .... .... .... .... .. ... .. ... .. .. ... .. .... .. . 9

Planning for the interview to take place ............. .. ................. .. ... .. .......... ... .... .............. ... .. .. .... ..... 9

EROI Plan ....... ...... ............... ............. .. ..... ..... ........ ... ... ... .... .. .. ..... .......... .. ...... ...... ... ........ ... .. ... ... 11

Activity 2 ....... .................. ... ... .. .. ......... ...... .... ... ....... ..... ........ ................ ... ... .......... ... .. ...... .. ........... . 17

Revise EROI Plan Activity ... .. .. .. ...... .. .. .......... .... .. .... .. ... .... .... ... ...... .. ... ... ... ............ .... .... .. ... ..... .. 17

PART 3 ..... ........... .. .. ..... .... .... .. ... ......... ... .... .................... ..... ... .... .... .... ......... .. ..... ...... ........... ....... ... 18

Master Tape Log Sheet. ............... : ... ....... .. .. .. ....... ................................. ....................... ............... 18

Master Tape Log Sheet .......... ... ... .. ... ........... .. ... ..... ... ... ... ...... .. ................... ..... ... ..... .. ..... ... .. ..... 18

PART 4 ..... .. ..... ..... ... .. .. ....... ... ..... ... .. .. .. .. .... ................... ... ............ ...... ..... ...... .. .. ... ...... .. ................. 19

Interview Procedures ........ ...... ....... ... ... .................... ....................... ........ ............... .. ...... ..... .... .... 19

EROI Equipment ...... .. ... ......... .. .......... ..... .......... ... .. ... .......... .......... ...... .. ... .... ....... ....... ... ... .... .... 19

EROI Room Safety .................. ........... ................ ........... ... ... .. .... .. .. ........... .. .. ... ... ... ... ...... ... .... .... 19

Refusal to Participate in EROI .. .... .... .. .. .. ....... .. .. ..... .. .. .... ... .. ............ ... .. .. .... .... ... ..... .. .... .. .. ..... .. . 20

Prisoner's Friend ......................................................................... ... ... ..... ........ .. .... .................... 22

Interpreters and Translators ... .......... ... ............. .. ............ ... .. .. ......... ... .. .. ...... .. ...... ...... .... ... .. .... .. 25

Lawyers in Interviews ...................................................... .. .. .. ..... ..... ... ...... .. ..... .... ... .................. 28

Introducing Exhibits into EROI ............ .................. ............... ...... ...... .... .. ... ... .... .. .. .. .. ................ . 29

Drawings I Diagrams I Maps .. ............. ................................ .... ... .... .... .. ....... .. ...... .. .. ................. 30

Interruptions During EROI ....... .. ........................ .. ................. .. .... .... .. .. ... .. ...... .. ... .... .... .............. 31

Evidence (National Uniform Legislation} Act.. .... .. .............. ... ... ..... .... .. .... .. .. .... .... ..... ...... ........... 32

Adopting Previous Conversations and Investigative Actions ....... ... ... .... ... ... .... .. ..... ................... 35

Police Administration Act. .... .. .. ....... .... .. ........ ... ... ............ .. .... ... ... .. .... .. .... ........... .... .... .. .. ... ..... ... 36

PART 5 .. ...... ... .......... ...... ............. ...... .. ........ ........... .. ..... .......... .. ..... ....... ... ..... ....... ...... .................. 37

Concluding EROI .................. .... ..... ............................ ...... ...... .... ....... .... .. ...... ......... ..................... 37


WIT.0200.0001.1237

SNT.0006.0019.1022

Participant Guide Suspect interview

Master Tape Seal .... .............. .. ................................ ...... .. ... .......... .. ......... .. ................... .. .. ..... ... 37

Certificate of Accuracy of Digital Recording ............. .. .. .......... ....... .................... ... ...... .. .. .... ...... . 39

Activity 3 ................................. .... ............................... ...................................... .......... .................. 41

Certificate of Accuracy of Digital Recording Activity .. .. ...... ... ......................... ... .. ....... .. ...... ...... . 41

Appendix A- Suspect Interview Plan (example) ......... ....................... ... ...... .... ........... ... .... ...... .. 42

Appendix B - Example of a sketch made by suspect ...... .... .................. ... ... .. ... ..... ........ ... ... ... ... 61

Appendix C - Example of a Master Tape Log Sheet.. .. ... .............. ... .. ... .... .. .... ...... .. ......... ......... 62


WIT.0200.0001.1238

Facilitator Guide - Royal Commission | NT · Facilitator Guide Constable ... Participant Guide...

Documents

Transcript of Facilitator Guide - Royal Commission | NT · Facilitator Guide Constable ... Participant Guide...