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Government Guidance for Local Authorities

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Government Guidance for Local Authorities

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This page is from the College of Policing APP Guidance on Investigations

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A witness is considered as a person, other than a defendant, who is likely to give evidence in court. All victims are also witnesses and should be treated as such.

The success of any investigation depends largely on the accuracy and detail of the material obtained from witnesses. Investigators, whether tasked with a volume crime or major investigation, must recognise the individual needs and concerns of witnesses and treat them with dignity and respect. This can have a significant impact on how witnesses cooperate with the investigation and any subsequent prosecution.
National support for law enforcement agencies
Call the NCA Specialist Operations Centre on 0845 000 5463 and speak with an officer for advice and support regarding vulnerable and intimidated witnesses.

Formal definitions
Victim
Black's Law dictionary, ninth edition (2009) defines a victim as 'a person harmed by a crime, tort or other wrong'.
Witness
Black's Law dictionary defines a witness as 'one who sees, knows or vouches for something. One who gives testimony under oath or affirmation, in person, by oral or written deposition or by affidavit'. A witness must be legally competent to testify.

Significant witness

According to Ministry of Justice (2011) Achieving Best Evidence in Criminal Proceedings: Guidance on interviewing victims and witnesses, and guidance on using special measures, significant witnesses, sometimes referred to as 'key' witnesses, are those who:

have or claim to have witnessed, visually or otherwise, an indictable offence, part of such an offence or events closely connected with it (including any incriminating comments made by the suspected offender either before or after the offence) and/or

have a particular relationship to the victim or have a central position in an investigation into an indictable offence.

While significant witnesses are usually defined with reference to indictable-only offences, investigating officers may consider designating witnesses as significant in any other serious case where it might be helpful.

A police officer who has witnessed murder, manslaughter, road death, serious physical assault, sexual assault, kidnap, robberies in which firearms are involved or any criminal attempts or conspiracies in relation to these offences should also be considered a significant witness.

Vulnerable or intimidated witness

The Youth Justice and Criminal Evidence Act 1999 (YJCE) allows special measures for certain groups of witnesses who may be vulnerable or intimidated.
Section 16
Witness management in an investigation

Investigators should consider Ministry of Justice (2015) Code of Practice for Victims of Crime when setting the victim and witness strategy.

Three interdependent strategies make up the victim and witness strategy in an investigation:

Investigators should also consider the provision of information to victims and witnesses.

Witness identification strategy

The detection of a large proportion of offences can be attributed to information, intelligence and evidence provided by the public. It is important that investigators recognise this and take action to identify and locate witnesses at the earliest available opportunity.

Identifying and locating witnesses

Some witnesses may self-present or be self-evident, whereas other witnesses may be more difficult to identify and/or locate. Investigating officers must, therefore, develop clear intelligence-led objectives for identifying witnesses. These will depend on the circumstances of the case but should include identifying settings and communities where witnesses are likely to be found. Communities may be cultural, religious, sporting, occupational, clubs, associations or societies. Resources can then be directed towards identifying witnesses.

Methods for identifying and locating witnesses:

viewing CCTV

media appeals

house-to-house enquiries

interviews with victims and other witnesses

suspect interviews

financial investigation

open-source internet search tools

social media

anniversary appeals.

Initial contact strategy

The manner in which investigators approach witnesses, from the point of initial contact, during interviews and through to the conclusion of any subsequent prosecution case, can have a significant bearing on their perceptions of how the criminal justice system operates. Inappropriate or ill-considered methods of dealing with a witness may hamper the investigation and delay or prevent the supply of relevant material to the investigator.

Investigating officers should set objectives to ensure that the members of the enquiry team, and any other police staff who could have initial contact with witnesses, understand the action expected of them when they encounter a potential witness.

Rewards

If a reward for information has been made public, it should not be highlighted to any potential witness who comes forward. There is a risk that this could be considered an inducement to provide information. Where a witness asks an unsolicited question about a reward, a record should be made of it and the possibility of a subsequent challenge to the integrity of the witness taken into account as part of the overall investigative strategy.

Witness as a scene

In cases of physical or sexual assault, the investigator has an early opportunity to obtain forensic material from the victim or their clothing, and potentially other witnesses. This material may include body fluids or other cellular or fibre transfers. Early evidence kits ensure opportunities to capture forensic evidence are maximised in investigations into sexual offences.

In such cases, the investigator must balance the victim's medical and welfare needs with the recovery of uncontaminated material for the investigation. The victim may not recognise or understand the significance of the requests for this material.

Support for investigators

Assistance from specially trained officers (STOs) and using specialist centres, where available, enable the investigator to recover material, while ensuring that victims receive appropriate support and counselling.

If a specialist officer is deployed to assist an investigator, an accurate record must be maintained on the crime report, policy log or file outlining the specific role of the specialist officer. The investigator and the specialist officer need to maintain close contact. This can be achieved by regular meetings to brief and debrief each other.

Fast-track witness interviews

There may be occasions when it is necessary to conduct a fast-track interview with a witness in order to rapidly progress the investigation.

Potential outcomes

the early identification or arrest of a suspect

the recovery of material connected with the offence

prevention of the imminent disposal or destruction of material connected with the investigation

prevention of the commission of other offences.

Fast-track interviews can also help with the overall witness interview strategy in terms of categorising witnesses as vulnerable, intimidated or significant, and prioritising formal interviews.

Approach

By adopting a calm, reassuring interview style, investigators can establish the main points of what witnesses know about the incident.

The witness may require medical attention or the presence of a suitable adult and the investigator needs to address this. Common sense has to be applied and the interview should be limited to obtaining sufficient information to progress the enquiry. The circumstances surrounding the fast-track interview should be recorded, and if the witness is receiving non urgent attention, permission should be obtained from medical staff.

Suitable care and support can then be provided prior to an in-depth interview.

Risk assessment begins the moment that the circumstances of the crime are notified to the police and must continue throughout the investigation. The potential risks should be established and decisions made on how to minimise and manage them. Some of the early risk assessment can be conducted through call taker actions.

The information provided to the call taker can be passed to the initial investigators so that they are fully informed and can continue assessing risk on arrival at the scene.
Potential risks:

the physical health and welfare of the victim or other witnesses

the suspect(s), who may still be present or in the vicinity and posing a threat

forensic or other relevant material which may be disposed of, destroyed or damaged

risk to other potential victims or witnesses caused by the commission of further offences.

Managing risks
Having identified the potential risks, investigators then have to manage them. In the early stages of the investigation, this may include providing first aid or access to medical treatment, security and protection. The initial management of these risks depends on the scale and complexity of the investigation. In simple cases, these risks will be managed by a single officer.
Call taker actions:

prioritise the safety of the victim and any other witnesses

keep the victim fully updated of the deployment of officers

if the suspect is still present at the scene, keep the caller on the line as this is a means of monitoring the incident and any background noise will automatically be recorded and can be used as evidence

if the suspect has left the scene, advise the caller to lock and secure the premises and to return to the telephone. Obtain a full description of the suspect and circulate it to officers in the area.

Witness interviews

Further information Investigative interviewing NPCC Position Paper - Interviewing Child Witnesses in Major Crime Investigations Identification of suspects Internet and social media

Where information suggests that a victim or witness may have searched the internet or social media sites to assist them in identifying a potential suspect see ACPO (2014) Internet Social Media and Identification Procedures

Interviews are a means by which an investigator can both obtain and impart information. Many witnesses fear the consequences of providing information. They, therefore, need to be confident that the investigator will deal with the information they provide appropriately. If the investigator establishes trust with the interviewee beforehand, they are more likely to give a full and accurate account. Witnesses have a right to expect that they will be listened to and will receive fair treatment. It is the information provided by witnesses and victims that enables a suspect's version of events to be validated or challenged.

Witnesses should be interviewed in accordance with the PEACE model.

Witness assessment

The investigator is required to make an initial assessment of the witness prior to conducting an interview. This assessment is necessary determine whether the category of vulnerable or intimidated witness applies.

Achieving best evidence

Ministry of Justice (2011) Achieving Best Evidence in Criminal Proceedings: Guidance on interviewing victims and witnesses, and guidance on using special measures provides advice on conducting a witness assessment, which should include their:

availability to attend court

need for specific assistance

need for support as a vulnerable or intimidated witness.

In addition, the assessment should include details of any information provided to the witness under local agreements.

Witness interview strategy

This should be developed at an early stage in the investigation. An interview adviser can assist in developing a witness interview strategy, which should be proportionate to the crime.

Elements of the strategy

Setting objectives - these should be meaningful and realistic, particularity in the case of vulnerable, intimidated and significant witnesses.

Selecting interviewers - staff selected should be competent to the appropriate tier.

Briefing interviewers - they should be informed of their roles as soon as possible and given time to plan and prepare.

Supporting the interview.

Debriefing the interviews - if required, they should be debriefed to establish the information obtained, how the account fits in with other available material, whether any action needs to be taken and what further enquiries are necessary.

Supplementary interviews - these should only take place when they are essential for the purpose of eliciting additional information or clarifying contradictory information of significance to the investigation. Consideration should be given to whether holding such an interview would be in the witness's best interest, and the Crown Prosecution Service (CPS) should be consulted where appropriate. The reason for conducting supplementary interviews should be recorded.

Video of witness interview

Further information NPCC (2015) Advice on the Structure of Visually Recorded Witness Interviews (Third Edition)

Video-recording key or significant witness interviews should be considered in cases of:

murder

manslaughter

road death

serious physical assault

sexual assault

kidnap

robberies in which firearms are involved

any criminal attempts or conspiracies in relation to the above listed offences.

Welfare issues

Further information

For additional advice when interviewing vulnerable witnesses with communication needs see Advocates Gateway toolkits.

Investigators tasked with interviewing a witness should consider the welfare needs of the witness throughout.

Factors to consider:

age and mental capacity of the witness (legal requirements dictate how material can be obtained from individuals)

the emotional health and welfare of the witness

the language skills of the witness (interpreters should be used in accordance with local guidelines)

whether a witness intermediary is required through the witness intermediary scheme

how to prevent further offences from occurring, such as witness intimidation.

Third-party support may be beneficial to some witnesses, provided that the support is unconnected with the investigation.

Witness intermediary scheme

Further information Lexicon Limited (2014) Making the Most of Working with an Intermediary: Toolkit 9, November 2014

All witnesses considered to be vulnerable can obtain help from an intermediary. An intermediary can be appointed at any stage (but preferably before the interview) if it becomes apparent that there is a communication issue, and appointing one will make the difference between a vulnerable witness giving their best evidence, or not communicating at all.

An intermediary is likely to improve the quality of the witness's evidence, and should be considered if the witness appears unlikely to be able to recognise a problematic question or, even if able to do so, may be reluctant to say so to a questioner in a position of authority.

Intermediaries can provide advice to investigators to help achieve more productive interviews, including:

how a witness communicates

their level of understanding

how it would be best to question them to get the best evidence

types of questions to avoid

how long the witness will need to answer a question.

They are impartial, and can help a witness to understand the questions they are asked and can communicate the witness's responses, if required.

The scheme provides access to registered intermediaries. It offers:

access to the national vulnerable witness and intermediary adviser

a matching service to find the best intermediary for a witness.

It can be accessed via the NCA Specialist Operations Centre.

Witness intimidation

Ministry of Justice (2011) Vulnerable and Intimidated Witnesses A Police Service Guide considers witness intimidation and the potential responses to it. Early identification of actual or potential intimidation means that witnesses can be offered a service tailored to their requirements, making it more likely that they will give evidence in court.

The table below lists a number of situations and potential actions to consider.

Whatever action is taken, officers should be careful to avoid any suggestion that inducements have been offered in return for the witness's testimony.

Witness protection

Where there are fears that a witness may be intimidated, investigators, working in conjunction with the CPS, can develop a witness care strategy designed to protect the witness from intimidation or harassment. This can include protecting the identity of the witness during the investigation, the early stages of the prosecution process and, in certain exceptional circumstances, through the trial itself.

Local measures

There are a number of local measures which investigators can employ to improve security and provide protection. These include:

providing a 'Homelink' alarm system

upgrading security at the home address

temporary relocation

entries on briefing and intelligence systems.

Investigators can obtain assistance with these interim measures from local crime reduction advisers and neighbourhood policing teams. Some local authorities also provide access to resources to deal with witness protection issues.

Reluctant witnesses

These are people who are believed to have witnessed an offence, part of an offence or events closely connected with it, but are reluctant to become involved in the investigative process. Initial actions should try to establish the reasons for the witness's reluctance so that attempts to address the issue can be made.

Reasons for reluctance:

adverse perceptions of the police or criminal justice process

fear of an alleged perpetrator

concern about the response from the community where they live

worries about their identity being released

uncertainty about the process.

Reluctant witnesses should be given an outline of the offence(s) being investigated. The specific details of the allegation, or particulars about what the witness may have seen, should not be discussed. In addition, no pressure should be applied to encourage the witness to talk to the police or to give evidence. The function of the investigator in these circumstances is simply to provide enough information to allow the potential witness to decide whether to assist or not. Records should be kept of any contact and anything said.

The investigator should liaise with the CPS once they are aware that the witness is reluctant to attend court to give evidence, as the prosecutor may be able to apply for a witness summons to secure their attendance.

Hostile witnesses

These are people believed to have witnessed an offence, part of an offence or events closely connected with it, but who are opposed to the investigative process and/or biased against the examining party. The reasons for their opposition might include their lifestyle or they may have a close relationship with the alleged perpetrator and intend to appear in court as a defence witness.

Some of these witnesses may simply refuse to cooperate with the police, others might provide false information intended to support the alleged perpetrator's account.

Records must be kept of all interactions with hostile witnesses, regardless of the reason for their hostility and the extent of their cooperation. Where hostile witnesses consent to an interview, it should be video-recorded, unless they object to this.

Witness refusal to make a statement

Investigators should bring to the attention of the CPS details of any witnesses who have been interviewed but have refused to make a statement.

The investigator should outline the details of the material the witness has provided and copies of any notes made or statements compiled which the witness has refused to sign. The investigator should also provide the CPS with all the information provided by the witness which may account for their refusal to provide a statement. This may become crucial if the witness is later called as a defence witness.

Information to victims/witnesses

In the majority of cases, investigators can support witnesses by providing them with relevant information about the progress of the investigation and of any significant developments throughout the investigation. Witnesses should always be provided with the following details:

the name of the investigating officer

contact details for the investigating officer

crime or incident reference number.

When a suspect is identified or arrested, the witness should be informed and kept up to date about court appearances, and whether the suspect has been remanded in custody or is out on bail. If the suspect is out on bail, the witness should be made aware of any conditions that are imposed on the suspect.

Victim and witness support

Further information Victim Support (2011) Left in the Dark: Why Victims of Crime Need to Be Kept Informed Getting support as a victim of crime

Investigators must recognise the impact that being a witness to a crime or event can have on an individual. They may feel shocked, traumatised, vulnerable or intimidated by the experience. Invariably, all witnesses will require a degree of help from sources of support during any investigation.

Adopting a calm, reassuring approach and providing information about organisations that give support can assist in alleviating the witness's anxiety and fears. As the case progresses, the witness may receive additional help and support from the Witness Service (which includes Victim Support). This is run by volunteers and offers:

information on what takes place at court

emotional support and confidential advice

a familiarisation visit to the court

court room support for the witness.

Police officers who are witnesses are not immune to similar fears and anxieties, especially when they have witnessed traumatic or unusual events. Force welfare departments can provide advice and guidance to officers in these circumstances.

The victim personal statement can be used to inform the prosecution about the impact of the offence on the victim's life.

Sources of support

Further information Provision of Therapy for Child Witnesses Prior to a Criminal Trial Compensation

In some circumstances, this support may be provided by verbal reassurances from a named investigator, family members or close friends.

In more serious investigations, support may also be provided by deploying specially trained officers, such as a:

family liaison officer (FLO)

sexual offence liaison officer/specially trained officer

domestic violence officer and/or coordinator

neighbourhood policing officer and/or police community support officer.

There are also a number of organisations that provide valuable services to witnesses, including:

Victim Support schemes - including the witness service, victim focus scheme and victim support homicide service.

sexual assault referral centres

social services

health service

race equality councils

gay and lesbian support groups

religious organisations or groups

child victims of crime.

Victim personal statement

Further information Office for Criminal Justice Reform (2009) Victim Personal Statements A guide for police officers, investigators and criminal justice practitioners

The purpose of the victim personal statement scheme is to:

provide a means by which a victim may make known their legitimate interests, such as

their wish to receive information about the progress of the case

to express their concerns about intimidation and of the alleged offender being granted bail

their wish to seek compensation or to request referral to Victim Support or other help agencies

give victims the chance to tell the criminal justice agencies and services dealing with their cases how the crimes have affected them physically, emotionally, psychologically, financially, or in any other way

provide the criminal justice agencies with a ready source of information on how the particular crime has affected the victim's life, supplementing other sources of information, for example, the MG19 regarding Compensation, or the confidential information form MG6.

Witness anonymity

The Coroners and Justice Act 2009 covers persons for whom anonymity is needed to protect their safety (including where intimidation is feared) or the safety of others, or to prevent serious damage to property, or in order to prevent real harm to public interest. It re-enacts the provisions of the Criminal Evidence (Witness Anonymity) Act 2008.

The Act allows the courts to continue to grant anonymity to witnesses (where this is consistent with a defendant's right to a fair trial and where certain conditions are met) through witness anonymity orders (WAOs). Further information is provided in CPS (2009) The Director's Guidance on Witness Anonymity.

It also allows the courts to grant investigation anonymity orders ( IAOs) to persons from the early stages of the criminal justice process (where certain conditions are met).

IAOs and WAOs serve different purposes at different stages of the criminal justice process.

Investigation anonymity orders

Further information ACPO (2010) Criminal use of Firearms Briefing Paper Anonymity in Investigations: Investigation Anonymity Orders

Encouraging potential witnesses to come forward and provide a statement with a view to giving evidence at trial is widely acknowledged to be one of the most difficult aspects of successfully prosecuting crimes of murder/manslaughter, particularly where guns or knives have been used.

IAOs can be used during an investigation of a gang-related death caused by a gun or knife where potential witnesses are actively being sought. These orders are designed to reassure witnesses that their identity will be protected during and after the investigation.

Family liaison

Family

For the purposes of family liaison, family refers to partners, parents, siblings, children, guardians and others who are not actually related but who have a direct and close relationship with the victim.

Family liaison is one of the most important considerations throughout the investigation of a death or serious risk to life.

It can be used across a broad spectrum of policing, eg:

an unexplained or violent death homicide, road death, mass fatality

any other critical incident, or where family liaison might enhance the effectiveness of the police response, for example, a missing person enquiry or allegation of hate crime.

The Stephen Lawrence Inquiry (1994)

Modern delivery of family liaison is based on the recommendations of The Stephen Lawrence Inquiry.

Aims

Further information

College of Policing (2015) Deployment of family liaison officers in child sexual exploitation or abuse cases (this link is available to authorised users who are logged on to the Police Online Knowledge Area ( POLKA))

The aims of family liaison in general are to:

work with the family in order to investigate the murder or death of a loved one

analyse the needs, concerns and expectations of the family in order to identify all the relevant and realistic action that should be taken in the context of their human rights and the police professional obligations.

Objectives arising from these aims should be central to the family liaison strategy.

The following extract demonstrates the importance of communication between families and the police:

The relationship between the police and the communities that they serve is rarely more important than in times of crisis. Families and communities look to lead agencies to respond appropriately. A solid professional partnership between family and police is to everybody's advantage. After all, the police have travelled down the same road many times before and have a fair idea of what is ahead. Most families have never been this way before, the very least they should have is a guide.

McGarry, D and Smith, K (2011) Police Family Liaison. Oxford: Oxford Press

Objectives

There are three main objectives that should be central to a family liaison strategy:

gather material from the family (and conduct victimology) in a manner that contributes to the investigation and preserves its integrity.

provide information to, and facilitate care and support for, the family, who are themselves victims, in a sensitive and compassionate manner in accordance with the needs of the investigation.

build the confidence and trust of the family, thereby enhancing their contribution to the investigation.

In addition, objectives may relate to the potential impact the media may have on the family and the investigation.

Victimology

This refers to lifestyle information about the victim. It is usually one of the highest priority actions and will include information relating to:

behaviours, eg, outgoing, shy, punctual

routines

friends and associates

leisure interests

places frequented

finances.

The advantage of lifestyle information in the early stages of an investigation is that it can open up lines of enquiry that might not have been immediately apparent.

Family liaison strategy

The senior investigating officer ( SIO) and/or senior identification manager ( SIM) are responsible for setting the family liaison strategy (including its development, implementation and maintenance). They must consider both the needs of the family and the FLO when setting the strategy.

The strategy takes into account a number of important factors, namely:

identifying the family

strategic objectives

risk assessment

selection and deployment

supporting and supervising the FLO

communication with the family

the family and the media

exit strategy.

To support a successful family liaison deployment, the SIO must ensure that the objectives and the planned exit point are clearly communicated to the FLO. The objectives must be specific as they form the basis for tasking the FLO.

Exit strategy

Post Acquittal meetings

In murder cases which result in an acquittal or conviction on a less serious charge the police and CPS have agreed to comply with national standards of support to families (or their representatives). For more information see CPS: Meeting following acquittal or conviction on a less serious charge - Post Acquittal Meetings

The SIO and/or SIM should ensure that FLOs remain focused on achieving the strategic objectives set for them. It is only when these objectives are met that the FLO will exit from the deployment.

In line with managing expectations, it is essential that the FLO explains their role to the family when they first meet them, so that the family fully understands the point at which the FLO will exit. This should be done in a caring and considerate manner. Face-to-face discussions, which may include the SIO/ SIM to explain the next steps, are often the most appropriate way forward.

In cases where the objectives mean that it is necessary to maintain contact with a family over a long period of time, consideration should be given to replacing the original FLO(s).

Family liaison structure

Senior investigating officer/senior identification manager

Further information ACPO (2008) Family Liaison Officer Guidance ACPO (2006) Murder Investigation Manual

APP on disaster victim identification

setting the family liaison strategy

selecting and deploying the most suitable FLOs (in conjunction with the family liaison coordinator (FLC))

taking responsibility for risk assessments and fulfilling duty of care to officers performing the FLO role and others affected by it

briefing, supporting and supervising the FLO

determining what information directly linked to the investigation can be passed to the family

setting objectives for family liaison interviews (and the family liaison interview strategy if required)

interviews with significant witnesses

direct and indirect communication with the family (including in cases of estrangement)

independent advisory groups (IAGs)

working with representatives of the family

the family and the media

exit strategy

suspects within the family

defendant's family

record keeping.

Cases of estrangement

Difficulties can arise when the deceased may have been estranged from the family or individual family members, and may have had relationships that some members were unaware of. A decision may be taken to deploy additional FLOs to different sections of the family/ family members.

Family liaison coordinator

The FLC provides strategic support to the SIO and tactical support to the FLO. They also have specific administrative functions, including the maintenance of a register of trained FLOs, detailing lifestyle, ethnic and cultural origins, enhanced skills, experience and availability.

The FLC should formally meet all the FLOs at least twice a year. The FLC may also arrange for FLOs to get together on an informal basis in order to share experience. These meetings provide an opportunity to impart good practice, discuss new legislation and give additional training inputs.

Family liaison coordinator responsibilities

These include:

providing support to the SIO/SIM regarding skills and suitability for deployment of a particular FLO

assisting the SIO/SIM when they require advice and assistance in complex cases where there are multiple deployments of FLOs, and in coordinating the material that comes from them

acting as a support point for FLOs

providing advice to FLOs

maintaining a register or contact details of appropriate organisations, lay people and professional consultants to assist FLOs

acting as a channel for welfare, occupational health and support

acting as an independent channel for FLO debriefing to identify and disseminate good practice

liaising regionally to share and gather good practice for implementation within own force area

providing a networking point for FLOs requiring advice from other FLOs who have experience in dealing with particular scenarios

promoting and facilitating mutual FLO peer group support

monitoring workloads and managing deployments and current availability of FLOs

monitoring mandatory attendance at the welfare or occupational health department.

Family liaison officer

The role of the FLO is primarily that of an investigator, to assist the SIO/ SIM to achieve their aims and objectives. This includes the day-to-day management of the interaction with the family in the investigation and close liaison with the SIO/ SIM to ensure families are treated appropriately, professionally and with respect for their needs. It may involve working in a range of different situations in demanding and often stressful conditions over sustained periods of time.

Officers must not attempt to assume the responsibility of personally counselling a victim's family, whether or not they are qualified to do so. The FLO facilitates care and support by making the family aware of sources of support and by providing the appropriate bereavement pack (homicide/road death).

The FLO should discuss with the SIO/ SIM an appropriate strategy for working with the victim's family. The FLO's level of involvement and specific tasks allocated during the investigation are governed by this strategy. It is, therefore, essential that the FLO establishes the parameters of their role within the enquiry and is clear about the objectives they are seeking to meet, as set out in the SIO/ SIM 's strategy.

The FLO should meet the family as soon as possible. They receive a briefing from the SIO/intelligence officer or FLC, and must be made aware of any risk assessment issues.

For the purposes of review, the FLO must make sure they update the risk assessment following initial contact with the family.

Family liaison officer attributes

The trauma associated with a sudden, unexpected tragedy places the family of the victim under immense personal pressures at a time when the needs of the investigation make heavy demands for detailed information.

Sensitivity, compassion and respect for the family's needs and requirements must underpin the approach to gathering material.

The needs and requirements of the family must be identified from this stage onwards. The initial priority must be to establish communication with the family as soon as practicable in order to furnish them with any information that they require, in accordance with the needs of the investigation.

Family liaison officer activities

In all cases and prior to a meeting, the FLO must:

ensure that, before attending the family home, a risk assessment has been carried out

discuss the risk assessment fully with the SIO

familiarise themselves with any available information and intelligence which could affect their liaison role, eg, impact assessment document, community tensions, previous police involvement with the victim and/or family members

establish the extent and nature of contact with the police since the time of the incident/death

establish the information that has been passed to the family, to whom and by whom

establish if any information concerning the incident is already in the public domain.

Page last accessed 14 September 2018

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A witness is considered as a person, other than a defendant, who is likely to give evidence in court. All victims are also witnesses and should be treated as such. The success of any investigation depends largely on the accuracy and detail of the material obtained from witnesses.

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Application

The national decision model (NDM) is suitable for all decisions and should be used by everyone in policing. It can be applied:

to spontaneous incidents or planned operations

by an individual or team of people

to both operational and non-operational situations

Decision makers can use the NDM to structure a rationale of what they did during an incident and why.

Managers and others can use it to review decisions and actions, and promote learning.

In a fast-moving incident, the police service recognises that it may not always be possible to segregate thinking or response according to each phase of the model. In such cases, the main priority of decision makers is to keep in mind their overarching mission to act with integrity to protect and serve the public.

The model

The NDM has six key elements.

1. Code of Ethics.

2. Gather information and intelligence.

3. Assess threat and risk and develop a working strategy.

4. Consider powers and policy.

5. Identify options and contingencies.

6. Take action and review what happened.

Each component provides the user with an area for focus and consideration. The element that binds the model together is the Code of Ethics at the centre.

Code of Ethics

The NDM puts the Code of Ethics at the heart of all police decision making. This distinguishes the NDM from other decision-making models and recognises the need for all police decisions to be consistent with the principles and standards of behaviour set out in the Code.

Policing principles

The policing principles originate from the Principles of Public Life developed by the Committee on Standards in Public Life in 1995. The Code of Ethics includes the principles of 'fairness' and 'respect' as research has shown these to be crucial to maintaining and enhancing public confidence in policing.

Accountability - you are answerable for your decisions, actions and omissions.

Fairness - you treat people fairly.

Honesty - you are truthful and trustworthy.

Integrity - you always do the right thing.

Leadership - you lead by good example.

Objectivity - you make choices on evidence and your best professional judgement.

Openness - you are open and transparent in your actions and decisions.

Respect - you treat everyone with respect.

Selflessness - you act in the public interest.

Standards of professional behaviour

These standards originate from the Police (Conduct) Regulations 2012 (for police officers) and the Police Staff Council Joint Circular 54 (for police staff). They reflect the expectations that the College of Policing and the public have of the behaviour of those working in policing.

1. Honesty and integrity - I will be honest and act with integrity at all times, and will not compromise or abuse my position.

2. Authority, respect and courtesy - I will act with self-control and tolerance, treating members of the public and colleagues with respect and courtesy. I will use my powers and authority lawfully and proportionately, and will respect the rights of all individuals.

3. Equality and diversity - I will act with fairness and impartiality. I will not discriminate unlawfully or unfairly.

4. Use of force - I will only use force as part of my role and responsibilities, and only to the extent that it is necessary, proportionate and reasonable in all the circumstances.

5. Orders and instructions - I will, as a police officer, give and carry out lawful orders only, and will abide by police regulations. I will give reasonable instructions only, and will follow all reasonable instructions.

6. Duties and responsibilities - I will be diligent in the exercise of my duties and responsibilities.

7. Confidentiality - I will treat information with respect, and access or disclose it only in the proper course of my duties.

8. Fitness for work - I will ensure, when on duty or at work, that I am fit to carry out my responsibilities.

9. Conduct - I will behave in a manner, whether on or off duty, which does not bring discredit on the police service or undermine public confidence in policing.

10. Challenging and reporting improper behaviour - I will report, challenge or take action against the conduct of colleagues which has fallen below the standards of professional behaviour.

Six key elements (CIAPOAR)

The mnemonic CIAPOAR can help users to remember the six key elements of the NDM. It also acts as an aide-memoire in aspects of decision making.

Code of Ethics - principles and standards of professional behaviour.

Information - gather information and intelligence.

Assessment - assess threat and risk and develop a working strategy.

Powers and policy - consider powers and policy.

Options - identify options and contingencies.

Action and review - take action and review what happened.

Code of Ethics

The Code of Ethics sets out the policing principles that members of the police service are expected to uphold and the standards of behaviour they are expected to meet. Many forces have their own values statements which are complementary to the Code of Ethics.

Throughout a situation, decision makers should ask themselves the following questions.

Is what I am considering consistent with the Code of Ethics?

What would the victim or community affected expect of me in this situation?

What does the police service expect of me in this situation?

Is this action or decision likely to reflect positively on my professionalism and policing generally?

Could I explain my action or decision in public?

Information - gather information and intelligence

During this stage the decision maker defines the situation (ie, defines what is happening or has happened) and clarifies matters relating to any initial information and intelligence.

Decision makers (ie, potentially everyone in policing) could ask themselves the following questions.

What is happening?

What do I know so far?

What do I not know?

What further information (or intelligence) do I want/need at this moment?

Assessment - assess threat and risk and develop a working strategy

This analytical stage involves assessing the situation, including any specific threat, the risk of harm and the potential for benefits. Among other things decision makers should consider the objectives of preventing discrimination, promoting good relations and fostering equal opportunities.

Develop a working strategy to guide subsequent stages by asking the following questions.

Do I need to take action immediately?

Do I need to seek more information?

What could go wrong (and what could go well)?

What is causing the situation?

How probable is the risk of harm?

How serious would it be?

Is that level of risk acceptable?

Is this a situation for the police alone to deal with?

Am I the appropriate person to deal with this?

What am I trying to achieve?

Will my action resolve the situation?

Powers and policy - consider powers and policy

This stage involves considering the powers, policies and legislation that could apply in this particular situation.

Decision makers could ask themselves the following questions.

What police powers might be required?

Is there any national guidance covering this type of situation?

Do any local organisational policies or guidelines apply?

What legislation might apply?

Is there any research evidence?

It may be reasonable to act outside policy as long as there is a good rationale for doing so.

Options - identify options and contingencies

This stage involves considering the different ways to make a particular decision (or resolve a situation) with the least risk of harm.

Decision makers should consider:

the options that are open

the immediacy of any threat

the limits of information to hand

the amount of time available

the available resources and support

their own knowledge, experience and skills

the impact of potential action on the situation and the public

what action to take if things do not happen as anticipated

If decision makers have to account for their decisions, will they be able to say they were:

proportionate, legitimate, necessary and ethical?

reasonable in the circumstances facing them at the time?

Action and review - take action and review what happened

This stage has two distinct steps. At the action step, decision makers are required to make and implement appropriate decisions. The review step requires decision makers to review and reflect on what happened once an incident is over.

Action

Respond:

Implement the option you have selected.

Does anyone else need to know what you have decided?

Record:

If you think it is appropriate, record what you did and why.

Monitor:

What happened as a result of your decision?

Was it what you wanted or expected to happen?

If the incident is continuing, go through the NDM again as necessary.

Review

If the incident is over, review your decisions, using the NDM. What lessons can you take from how things turned out and what might you do differently next time? If appropriate, evaluate the impact of the decision on outcomes.

Recording decision making

Decision makers are accountable for their decisions and must be prepared to provide a rationale for what they did and why. In some circumstances the need to document decisions is prescribed by statute, required by organisational strategies, policies or local practices, or left to the decision maker's discretion.

Whatever the circumstances, the police service recognises that it is impossible to record every single decision and that not all decisions need to be recorded. In most instances professional judgement should guide officers on whether or not to record the rationale, as well as the nature and extent of any explanation.

The record should be proportionate to the seriousness of the situation or incident, particularly if this involves a risk of harm to a person.

Decision makers may find the mnemonic CIAPOAR provides a useful structure for recording the rationale behind their decisions (for example, brief notes in notebooks against individual letters). Any notes should be proportionate to the situation.

C - the principles and standards of the Code of Ethics considered during decision making.

I - information and intelligence known about the situation.

A - how it was assessed and what the working strategy was.

P - any powers, policies, legislation that applied.

O - the main options considered.

A - the decision made or action taken.

R - the resulting outcome.

CIAPOAR may also be useful when describing or reviewing a decision.

Reviewing decision making

The NDM can be useful for examining decisions made and action taken, whether by a supervisor or during an informal investigation or a formal inquiry.

Code of Ethics

How were the principles and standards of professional behaviour demonstrated during the situation?

Information

What information or intelligence was available?

Assessment

What factors (potential benefits and harms) were assessed?

What threat and risk assessment methods were used (if any)?

Was a working strategy developed and was it appropriate?

Powers and policy

Were there any powers, policies and legislation that should have been considered?

If policy was not followed, was this reasonable and proportionate in the circumstances?

Options

How were feasible options identified and assessed?

Action and review

Were decisions proportionate, legitimate, necessary and ethical?

Were decisions reasonable in the circumstances facing the decision maker?

Were decisions communicated effectively?

Were decisions and the rationale for them recorded as appropriate?

Were decisions monitored and reassessed where necessary?

What lessons can be learnt from the outcomes and how the decisions were made?

Questions for supervisors

In reviewing and reflecting on decisions, questions that supervisors might ask themselves include the following.

Did you recognise and acknowledge instances of initiative or good decisions (and were they passed to managers where appropriate)?

Did you recognise, question and challenge instances of poor decision making?

Can you relate the decision making to the Code of Ethics?

Are there any opportunities for organisational learning?

Even where the outcome was not as planned, if the decision was reasonable and proportionate in the circumstances, and made in accordance with the Code of Ethics, the decision maker deserves the support of their supervisor and that of the organisation.

The joint decision model

The NDM is the primary decision model for the police service. However, responding to emergencies is a multi-agency activity and the resolution of an emergency will usually involve collaboration between police, fire and rescue, and ambulance services.

The Joint Emergency Services Interoperability Programme (JESIP) has been established to improve the ways in which the three emergency services work together at major and complex incidents.

When commanders arrive at the scene of a major incident, it is essential that they can quickly establish what is happening around them and jointly agree a plan of action. The joint decision model (JDM) has been adapted from the NDM to enable this to happen.

The single difference between the JDM and the NDM is the wording in the central box. The NDM has the Code of Ethics in the centre, whereas the JDM has 'Working Together, Saving Lives, Reducing Harm'.

According to JESIP:

Joint decisions must be made with reference to the overarching or primary aim of any response to an emergency: to save lives and reduce harm. This is achieved through a coordinated, multi-agency response. Decision makers should have this uppermost in their minds throughout the decision-making process.

The mission of policing is to prevent crime and protect the public. The objectives of saving lives and reducing harm are, therefore, entirely consistent with the police mission and the Code of Ethics.

In working towards the JESIP objectives, police personnel are expected to act with principles such as integrity, honesty, respect, fairness and selflessness - ie, all the principles and standards of professional behaviour outlined in the Code of Ethics.

When involved in joint situations, the three emergency services will apply the model collectively. For example, they will consider and share information, make a shared assessment, and take any respective powers and policies into consideration.

Emergency situations may involve differing professional opinions on the best course of action. Reaching a joint decision that is not necessarily the same one as the police would have decided on if they were the only agency making the decision is the nature of collaboration and a feature of joint working. As long as the police representatives can agree the proposed decision is proportionate, lawful, necessary and ethical, there is no conflict with the Code of Ethics.
JESIP

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National decision model | College of Policing

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