Part III Investigative interviewing | Section II Initial preparation
Where an interpreter is required, consider:
• how much confidence can be had in the integrity and independence of the interpreter
• their competence in both languages
• the interviewee’s perception of the interpreter and whether that person’s ethnicity, gender,
community status and so on might create a barrier that would inhibit the interviewee.
4. JUVENILE WITNESSES
Interviewing children can be a very sensitive and difficult process. The first rule, as with any other
vulnerable witness, is to do no harm. NHRIs have a responsibility to protect, as well as to investigate.
The last thing an investigator wants to do is to add further trauma.
The investigator should first decide whether or not it is necessary to interview the child at all. If sufficient
evidence can be gained from another source, it may not be necessary. If it is decided to interview a
child, the interview should be especially well prepared. If there are any doubts or uncertainties about the
interview, expert help should be sought.
The following factors should be taken into account when interviewing juveniles.37
Age
The younger the child, the more difficult it will be to conduct the interview.
The investigator needs to ask whether the child is mature enough to understand and respond to the
questions that will be asked. A further aspect to be considered is how much weight should be given to
their evidence.
Physical and mental capacity
The investigator should determine whether the child has any disabilities, including any impediments to
communication.
Medical needs
The immediate health and safety needs of the child are paramount. Any immediate concerns must be
addressed before any thought is given to conducting an interview.
Routines
If possible, the interview should be fit in with the child’s routine, rather than the requirements of the
investigation or the investigator.
Location
Wherever possible, disruption to the child should be minimized or avoided altogether. An appropriate
location should be chosen and kept as private as possible. For example, a child should not be interviewed
at their school.
Support person
As with any other interview, the interviewee should be made to feel comfortable and secure. It may, or
may not, be appropriate to have a parent or relative present. However, it will almost certainly be essential
to have a suitable adult present, such as a counselor or support person. This may also be required by
law.
37
In December 2011, the Scottish Government published a detailed guide to interviewing child witnesses. Guidance on Joint
Investigative Interviewing of Child Witnesses in Scotland is available at https://www2.gov.scot/Publications/2011/12/16102728/2.
Chapter 10: Special factors regarding witnesses | 65