Part III Investigative interviewing | Section II Initial preparation Chapter 11: Logistics and other special considerations KEY QUESTIONS • How does what happened to witnesses after an incident affect the investigation and the credibility of the evidence those witnesses may subsequently give? • When should any powers available be used to compel witnesses to give evidence and when should evidence be given under oath? • What issues should be considered when planning the timing of interviews and the order in which they are held? 1. INTRODUCTION Before discussing how to structure the interview, it is important to consider some of the things that impact on the interview, such as: • • • • • assessing what happened to witnesses immediately after an incident the segregation of witnesses using any powers available to compel testimony the timing of interviews the order of interviews. 2. ASSESSING WHAT HAPPENED TO WITNESSES AFTER AN INCIDENT In many cases, the investigation may start some time after an incident occurred. There may have been investigations into the incident by other agencies, such as the police. One of the first things to consider when preparing to conduct interviews is what happened to all the parties immediately after the incident. Did what happened impact the integrity of the investigative process? Were there opportunities for collusion and contamination of witness evidence? If so, were they accidental, deliberate or passively condoned? Some questions that need to be answered include: • Were all persons involved in the incident segregated as soon as practical and up until the point they were interviewed? If not, why not? • Who spoke to whom prior to the interview, and in what context? • Was the witness provided with any documentary information or permitted to review other evidence, such as other statements or video footage? • If a lawyer represented the witness, did that lawyer represent any other person involved in the incident? • Did the people involved in the incident have the opportunity to meet before making notes or giving statements and, if so, how and why? Chapter 11: Logistics and other special considerations | 67