Version : 11.0
Video recorded forensic interviews with at-risk
children and young people
These guidelines are an interim version. The practice, training and accreditation of Child
Forensic Interviewers is currently being subject to a comprehensive review by a joint
Police/CYF project. Any questions in relation to these guidelines should be addressed to
the Investigative Interviewing Team, NCIG at Police National Headquarters.
This chapter contains these topics:
Summary
Roles and responsibilities
Interviewing
Before the Forensic Video Interview
Conducting the Forensic Video Interview
After the Forensic Video Interview
Video Recordings
Appendix 1 - Questioning terminology
Appendix 2 - Evidence Regulations 2007
Appendix 3 - Standard Consent Form
Appendix 4 - Interpreter Confidentiality Statement
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Summary
These guidelines are an interim version. The practice, training and accreditation of Child
Forensic Interviewers is currently being subject to a comprehensive review by a joint
Police/CYF project. Any questions in relation to these guidelines should be addressed to
the Investigative Interviewing Team, NCIG at Police National Headquarters.
Overview
Child, Youth and Family and the New Zealand Police have a joint commitment to
providing specialist forensic video interviewing services for children.
The policy and operating guidelines ensure forensic video interviews are conducted and
recorded in accordance with the Evidence Act 2006 and the Evidence Regulations 2007.
The policy and guidelines have been agreed jointly by Child, Youth and Family and the
New Zealand Police.
Scope of document
This document is for trained forensic interviewers of Child, Youth and Family and the
Police, and their supervisors and managers.
Forensic video interviewing is a skilled task which requires specific training and
supervised practice. A forensic video interview cannot be conducted successfully and
competently just by following the policy and guidelines in this document.
This document should be read in conjunction with:
• sections 103, 104, 105, 106 and 107 of the Evidence Act 2006
• the Evidence Regulations 2007
• the Child Protection Protocol between New Zealand Police and Child Youth and Family,
for the reporting and investigation of serious child abuse which is available from the
respective agencies intranet.
Child, Youth and Family and the Police recognise that some interviewing situations may
call for procedures not specifically referred to within this document. Where this occurs
the interviewer should exercise his or her discretion with care, taking into account the
welfare of the child being interviewed while also considering the legal implications of
such action. These situations require consultation and agreement between interviewer
and the monitor and/or other experienced person.
The practice guidelines within this policy are current at point of publication. Practice
changes may have occurred since publication as a result of court precedent, research
and literature.
Video Recorded Forensic Interviews
A video recorded forensic interview (forensic video interview) may be used as part of an
investigation into a concern where a child has, or may have been, abused or witnessed a
serious crime. It may later be used as part of court evidence.
A forensic video interview is conducted in a manner that complies with the Evidence
Regulations 2007.
A forensic video interview can be used:
• as the basis of prosecution to present all or part of the evidence-in-chief in court
under sections 103, 104, 105, 106 and 107 of the Evidence Act 2006
• as evidence in proceedings for a declaration in the Family Court
• for those purposes outlined in regulation 20 of the Evidence Regulations 2007.
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Video recording of forensic interviews is considered the best way to meet both the child’s
needs and interests, and the interests of justice. It meets the child’s needs in that:
• the interview process is focused on the child and allows them to state clearly and
freely what (if anything) has happened while also capturing the information according
to the rules of evidence
• the video recorded interview can be used for criminal prosecution and care and
protection purposes. This lessens the number of times that a child needs to recount
their statement.
This serves the interests of justice in that:
• the interview process is conducted according to the rules of evidence in order to meet
the standards necessary for criminal prosecution
• video recorded interviews are a transparent method of interviewing and therefore
have the greatest level of accountability
• it allows the Family Court, in Children, Young Persons, and Their Families Act (1989)
proceedings, the best opportunity to view the child’s evidence, while limiting the
impact on the child.
Joint Child, Youth and Family/Police Video Recording Forensic Interview
Policy
Policy
A forensic video interview of a child who has, or may have, been abused or who has, or
may have, witnessed a serious crime must be video recorded.
Forensic video interviews must be conducted according to the rules of evidence and the
Evidence Act 2006 and Evidence Regulations 2007.
If there is more than one alleged offender separate forensic video interviews should be
conducted to discuss the incident(s) relating to each alleged offender, unless the alleged
offences were co-perpetrated.
A forensic video interview must be carried out by an interviewer with specialist training
in the forensic interviewing of children and the requirements of the Evidence Regulations
2007.
Every forensic video interview must be monitored. The monitor must be a Child, Youth
and Family child forensic interviewer or a police officer trained in interviewing and/or
monitoring.
The interview must take place in a child friendly environment. It should not take place in
an offender interviewing room.
Police must supply the videotape or DVD on which the forensic interview is recorded.
Guidelines
Referral for a forensic video interview is indicated when:
• a child has made allegations of sexual abuse, serious physical abuse, serious neglect,
serious family violence where the child is a witness
• medical findings indicate possible abuse or neglect
• there are extreme and persistent patterns of sexual behaviour
• there has been unsupervised contact with a known offender
• abuse is witnessed by a third party
• abuse is admitted by an offender
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• a serious crime has been witnessed
• there is a recent complaint witness.
Definitions
The following definitions identify the meaning of key terminology within this document.
Term Definition
Child
Child or young person under the age of 17 years.
Emotional /
Emotional abuse is any act or omission that results in impaired
psychological
psychological, social, intellectual and/or emotional functioning and
abuse
development of a child. It may include but is not restricted to:
• rejection, isolation or oppression
• deprivation of affection or cognitive stimulation
• inappropriate and continued criticism, threats, humiliation,
accusations, expectations of, or towards, the child
• exposure to family violence
• corruption of the child through exposure to, or involvement in,
illegal or anti-social activities
• the negative impact of the mental or emotional condition of the
parent or caregiver
• the negative impact of substance abuse by anyone living in the
same residence and the child.
Forensic Video
A video recorded interview that is conducted in accordance with the
Interview
Evidence Regulations 2007, and can therefore be used in court.
Interpreter
A suitably qualified interpreter who can assist the child, where their
first or preferred language is other than English, or the child is has a
communication disability.
Interviewer
A person with specialist training in the skills associated with forensic
interviewing of children, having successfully completed the Forensic
(Evidential) Interviewing of Children Course.
Monitor
A trained Child, Youth and Family forensic interviewer or Police
officer who monitors the interview from a remote location and
assists the interviewer.
Monitor Break
A pause in the interview to allow the Interviewer and Monitor to
confer.
Movement
A form attached to the video record that records the location of the
Sheet
video record and forms a record for the chain of evidence.
Neglect
Neglect is any act or omission that results in impaired physical
functioning, injury, and/or development of a child. It may include
but is not restricted to:
• physical neglect – failure to provide the necessities to sustain the
life or health of the child
• neglectful supervision – failure to provide developmentally
appropriate and/or legally required supervision of the child,
leading to an increased risk of harm
• medical neglect – failure to seek, obtain or follow through with
medical care for the child resulting in their impaired functioning
and/or development
• abandonment – leaving a child in any situation with arranging
necessary care for them and with no intention of returning
• lack of parental responsibility – unwillingness or inability to
provide appropriate care or control of a child.
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Parent
The usual fulltime caregiver or legal guardian of the child. This may
include biological parent/s, step-parent/s, wider whänau or family or
anyone with caregiver responsibilities (the parent or guardian or
usual carer/custodian may arrange or ask for you to arrange another
adult to fulfil the role of supporting the child).
Recent
Recent complaint person is the first person that a child disclosed to.
Complaint
They can be called to give evidence in sexual abuse cases where an
Person/Recent
exception to hearsay can be made.
Complaint
Recent Complaint Evidence is the evidence provided by recent
Evidence
complaint person – this evidence is only about the demeanour of the
child at the time of disclosure.
Regulations The
Evidence Regulations 2007.
Serious Physical Serious Physical Abuse is the actions of a perpetrator that result in
Abuse
or could potentially result in physical harm or injury being inflicted
on a child. The Child Protection Protocol defines a test for
seriousness which is determined by considering the action, the
injury and the circumstances (factors of the case).
Sexual Abuse
Sexual Abuse includes, but is not limited to an act involving
circumstances of indecency with, or sexual violation of, a child, or
using a child in the making of sexual imaging.
Support Person Any person (other than the alleged offender(s)) who supports the
child throughout the interview process.
Vulnerable
Child witness to a serious crime.
Witness
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Roles and responsibilities
These guidelines are an interim version. The practice, training and accreditation of Child
Forensic Interviewers is currently being subject to a comprehensive review by a joint
Police/CYF project. Any questions in relation to these guidelines should be addressed to
the Investigative Interviewing Team, NCIG at Police National Headquarters.
The Forensic Interviewer
Policy
A forensic video interview must be carried out by a trained forensic interviewer from
Child, Youth and Family, or a Police interviewer trained in forensic video interviewing of
children (having successfully completed the Forensic (Evidential) Interviewing of Children
Course) and the requirements of the Evidence Regulations 2007.
The forensic interviewer must:
• ensure he/she is aware of the provisions of the Evidence Regulations 2007, in
particular regulations 5, 6, 7, 8, 9, 10, 11, 12 and 13 inclusive
• cover the points listed in regulation 8 of the Evidence Regulations 2007
• provide a non-threatening environment
• facilitate a process where a child can talk about what, if anything, has happened
• report key observations/conclusions to the referring social worker and Police following
the interview
• recommend any further action needed to the social worker
• provide evidence in court for criminal prosecution or other proceedings if required.
The forensic interviewer must
not:
• engage in therapy with the child, or their family members
• assess whether the alleged offender is guilty or not
• assume social work responsibility for the child’s case (except Police may manage the
criminal case, in some circumstances)
• conduct the wider investigation and assessment (except Police may conduct the wider
investigation, in some circumstances).
The Monitor
Policy
A forensic video interview must be monitored by a trained forensic interviewer from
Child, Youth and Family or police officer trained in forensic interviewing of children and
the requirements of the Evidence Regulations 2007.
The Monitor must:
• ensure video recording equipment is set up and functioning
• operate the equipment where required during the interview
• be present in the monitor’s room throughout the interview
• take accurate, comprehensive and legible interview notes. Attempts should be made
to make these verbatim when they relate to the child’s allegation or details about the
alleged offender
• provide support to the interviewer by identifying areas that are missing from the
interview or which need clarifying or expanding
• record the time at significant points throughout the interview – this must include
beginning and end of interview and all breaks.
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Guidelines
The monitor should:
• have knowledge of the referral information. This may mean sitting in on a parent
interview
• be alone in the monitor’s room unless other professional support is required due to
the child’ special needs or the needs of the investigation
• during breaks, keep discussion with the interviewer to a minimum
• only interrupt the interview if it is absolutely necessary, for example if a legal
requirement is missed, or equipment failure
• take notes of any relevant pre- or post-interview discussion the interviewer has with
the child
• assist the child, and monitor the child’s interactions with other people, should they
leave the room for any reason.
Child, Youth and Family and Police Managers
Policy
Child, Youth and Family Managers and Police District Commanders (or their nominees)
must ensure that children have access to forensic interviewing services. This includes
• trained and skilled forensic interviewers
• adequate interviewing facilities and resources i.e. venue, video-recording and
interview equipment
• access to these services as soon as practicable on receipt of forensic video interview
referrals.
In highly complex cases, such as those involving allegations of abuse of a number of
children, it is important that there is a high level of consultation and co-ordination
between the investigating team and the forensic interviewer. It is the responsibility of
the Child, Youth and Family Manager and the Police District Commander (or their
nominees) to ensure this occurs.
Staff
Where Child, Youth and Family or Police staff are designated as forensic interviewers,
their managers must ensure that they receive specialised training as well as regular and
appropriate clinical supervision (refer Training and Development and Supervision).
The Child, Youth and Family Manager and the Police District Commander (or nominees)
must ensure that interviewers have opportunities to meet with one another to improve
and standardise their practice.
Facilities
The recording equipment must:
• be high quality both for sound and picture
• be in stereo
• have a wide angle lens
• have the capacity to make two video records ]
• be compatible with court equipment.
It is also helpful if, wherever practicable, there is a time recording facility on the video
footage for later reference and for court editing purposes.
The interview room must have a simple, clear-faced clock with a second hand fixed in
the interview room so that it is visible to the camera [Reg. 8(g)]. A digital clock cannot
be used, as it has no second sweep hand.
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Guidelines
Agencies can provide forensic video interviewing services by the following means:
• using established interviewing units where staff have been appropriately trained
• designating and training social work or Police employees as forensic interviewers
• contracting approved forensically trained professionals to conduct forensic video
interviews.
Locations should have sufficient forensic interviewers available to relieve and co-work.
It is ideal for an interviewing facility to have these areas:
• reception area
• waiting room
• playroom
• interview room
• monitor’s room
• toilet
• tea/coffee facilities.
The interview and monitor’s rooms should be located away from the public waiting room,
and insulated from traffic and corridor noise in order that the noise does not rebound.
Evenly distributed fluorescent lighting must be adequate for the video camera. Windows
require window coverings (curtains or blinds) to ensure optimum video production and
privacy.
A range of appropriate interviewing tools should be available and in good condition.
(Refer Interviewing Tools below).
Training and Development
Policy
All Interviewers must have completed the nationally recognised training course in
Forensic (Evidential) Interviewing of Children before undertaking forensic video
interviews of a child.
Guidelines
Training should be:
• nationally consistent
• conducted by an experienced practitioner
• up-to-date with changing literature and court precedent
• available regularly, for both for beginners and experienced practitioners.
A component of the training should include observing experienced interviewers through
working as a monitor.
Basic training for forensic video interviewing needs to include:
• knowledge of:
- Evidence Act 2006 and Evidence Regulations 2007
- Children Young Persons, and Their Families Act 1989 (CYP&F Act)
- other relevant legislation
- requirements for gathering evidence
- components of specific offences relating to child abuse
- sexual, physical and other forms of abuse
- child development, including normative sexual development
- family dynamics and cultural differences
- memory, recall and suggestibility
- relevant research
• skills in:
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- appropriate questioning and use of interviewing tools
- exploratory questioning
- relating to and communicating with children (adapting the interview to the child’s
needs, simplicity of language)
- liaison and communication with other adults and professionals involved
- handling challenging behaviours, e.g. aggression, silence, withdrawal, sexualised
behaviour
- understanding non-verbal communication and emotional states
- recognising the child ’s cognitive competence and developmental level
- giving evidence in court.
Forensic interviewers need to keep their skills and knowledge up-to-date. They should
also keep up-to-date on case law decisions and current literature related to their area of
work. Interviewers should seek the legal advice regarding case law as appropriate.
Interviewers should have opportunities to meet with one another to share knowledge,
understanding and practical experience on these topics. This should include regular
attendance at local, regional and national Peer Review meetings, and attendance at
advanced training specifically for experienced staff.
Supervision
Policy
Child, Youth and Family Site Managers and Police District Commanders (or their
nominees) must ensure that forensic interviewers receive supervision of the following
nature:
• regular and frequent clinical supervision from a person with recognised professional
training in clinical work with children
• personal supervision from a person with expertise in stress management and
debriefing
• practice review by a person or people with sound up-to-date knowledge and
experience in this area
• cultural supervision from a person recognised as qualified and appropriate to the task
• administrative oversight.
Guidelines
It is likely that the components of supervision cannot be carried out by one person and
within one agency. Therefore it may be necessary to contract-in some aspects of
supervision from an external supervisor.
Practice and clinical supervisors need to be fully conversant with literature in these
areas:
• culturally appropriate responses to and from children
• dynamics and indicators of abuse
• children’s memory
• trauma
• interviewing children
• child as a witness
• the requirements of the Child Protection Protocol between New Zealand Police and
Child Youth and Family
• false allegations
• retractions
• process of disclosure
• staff stress and vicarious trauma.
Supervision needs to cover review of video records, reports, court affidavits and
processes. The video record review component of supervision also serves to monitor and
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standardise forensic interviewing practice, which is important as this area of work is
continually evolving. Peer tape review by a psychologist, crown lawyer and Police are
excellent complements to individual supervision.
Social Workers and Police - The Interface with Interviewers and
Monitors
A forensic video interview usually takes place as a part of the investigation and
assessment process. The forensic video interview is a tool to help Child, Youth and
Family and Police to establish if:
• the child is in need of care or protection
• there is evidence that a criminal offence has been committed.
The forensic interviewer is responsible for the forensic video interview and specific tasks
relating to the interview (refer Tasks in relation to a Forensic Video Interview).
The Child, Youth and Family and Police CPP supervisors are responsible for the other
tasks relating to the care and protection of the child as follows:
The primary functions of Child Youth and Family are to assess the safety and wellbeing
of children and provide care and protection where this is needed. The primary functions
of Police are addressing the immediate safety of children, investigating and holding
perpetrators to account wherever possible.
Stage Description
Responsibility
Intake
Report of concern received. Child,
Child, Youth and Family and
Youth and Family and Police advise
Police CPP Supervisors
each other about the report of concern
they have received and make a CPP
referral (as per agreed protocol)
Consultation
Child, Youth and Family and Police staff Child, Youth and Family and
on the case
at the local level should share
Police CPP Supervisors
information about the referral and
discuss what approach is to be taken.
This consultation may occur at the
same time as the case was referred.
Agreement to
All child protection protocol cases will
Child, Youth and Family and
Investigation
have an agreed investigation plan so
Police CPP Supervisors
Plan
that staff involved in the case agree
and understand:
Social worker in conjunction
• who is involved in this case
with supervisor and co-
• what they will do
workers and where
• when they will do it.
appropriate the Police
investigator
The investigation plan must consider:
• the safety of the child
• any joint visits needed
• the management of the initial
interview of the child
• the need for a child forensic
interview, interviews of alleged
perpetrator and other, including
protective caregiver or parent
• collection of forensic evidence
• referral to a medical practitioner.
Child and
If the case is not confirmed as a child
Child, Youth and Family and
Family
protection protocol case Child, Youth
Police CPP Supervisors
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Assessment
and Family will continue to work on the
case as required under their differential
response process. Police will
electronically close the case and this
will be noted in the investigation plan.
A child forensic interview can still be
conducted in an assessment phase.
Social work
• care and protection assessment
Social worker in conjunction
intervention
based on the information from the
with supervisor and co-
interview or assessment and all
workers
other information gathered during
the investigation
• decide whether the child is in need
of care or protection and level of
intervention required
• implement the intervention needed
Criminal
• review interview information as part Police and
processes
of the criminal investigation
Police prosecutor
• decide whether to prosecute or not
• decide how to present the case (i.e.:
whether or not to use the video
record)
• decide how evidence will be given
• apply to the courts for mode of
evidence
• refer to Court Victim Advisors for
any necessary court education
Tasks in relation to a forensic video interview
The following table details the tasks required through the stages of the forensic video
interview process and where responsibility for the tasks sits.
Stage
Social Worker/ Police
Forensic Interviewer and/or
Monitor
Referral
• preliminary consultation with
• preliminary consultation with
interviewer about referral
social worker about referral
• complete full written referral
• receive written referral
• advise the interviewer if the child has • arrange interview
special needs or if there are any
contentious family or contextual
issues
• discuss the referral with the child and
their family
Before the
• provide information to the child and
• read referral and background
Interview
parent
information
• ensure an appropriate parent or
• plan interview in consultation
support person will accompany the
relevant persons (monitor
child to the interview
and interviewer)
• obtain consent if the parent will not
• interview parent to clarify
be at the interview
information on interview, its
• clarify if therapy or counselling of the
recording, use
child has taken place prior to
• clarify and/or obtain further
interview and if so be aware of the
background information from
circumstances under which this has
them
occurred
• obtain consent (preferably
• identify the appropriate agency for
written)
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advice and organise assistance if the
• describe interview procedure
child has special needs (language,
to the child or arrange for the
hearing)
monitor to do; note this
• relay any new information to the
occurred, read referral and
interviewer
background information
• Social worker
• (monitor) assist with
• assess the need for the child to have
interviews with the child and
counselling
parent, guardian, caregiver or
• accompany the child to the interview
support person.
• provide support and advice re:
counselling.
Social
Worker/
Forensic Interviewer Monitor
Police
Interview
• support parent
• interview the child
• monitor equipment
throughout the
• ensure interview
interview process
meets regulations
• support child pre
• ensure all relevant
and post interview
areas of evidence
are covered in the
interview
• take accurate and
comprehensive
notes that reflect
the content of the
whole interview
After the
Social Worker:
• talk to child to
• assist with
Interview
• assess information
answer questions
interviewer’s tasks
• arrange a medical
• talk to the social
as required
assessment if
worker (this may
necessary
need to be done
• make care and
first and
protection decisions
separately),
in consultation with
caregiver or support
supervisor
person about what
• provide support and
has been said in the
advice re:
interview
counselling
• seal, label and
• explain to the child,
secure video record
parent what will
• arrange for security
happen next. (This
of video record
may be done in
• file diagrams and
conjunction with
drawings
Police.)
• complete Summary
• complete recording
Report
requirements
• prepare formal
Police:
written statements,
• carry out relevant
review video
criminal
records and check
investigation
against transcripts
• notify parties of
• appear in court if
prosecution
required
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Interviewing
These guidelines are an interim version. The practice, training and accreditation of Child
Forensic Interviewers is currently being subject to a comprehensive review by a joint
Police/CYF project. Any questions in relation to these guidelines should be addressed to
the Investigative Interviewing Team, NCIG at Police National Headquarters.
Interviewing Principles
a) Approach the interview with the understanding that the child may have nothing to tell
or they may not be ready to talk about what has happened to them.
b) Provide sufficient structure and direction to help the child to engage and feel
comfortable.
c) Conduct the interview in a confident, straightforward and respectful way to minimise
the child’s anxiety.
d) Communicate using language and sentence structure that is appropriate to the child’s
age, developmental level and cultural background.
e) Facilitate the child to give as much information as possible in their own words and
follow the pace and direction of their narrative.
f) Ask questions in such a way so as to promote the child’s ability to express themselves
in a free narrative way. [Refer Appendix 2].
g) Set clear contexts for the questions asked and respond to what the child says to avoid
confusing them - avoid out of context questioning.
h) Help them to put a structure to their account, such as a beginning, middle and end to
the incident.
i) Check and clarify their responses to avoid assumptions and ambiguity.
j) Be attentive to the child’s reasons for distracting, non compliant or regressive
behaviours and assess how to respond appropriately. Sometimes this may mean
terminating the interview.
k) Be aware of your own body language, voice tone, gestures, verbal responses and
their potential messages to the child.
l) Be aware of the range of feelings and reactions a child may experience during the
interview process
m) Keep the interview to a reasonable length unless there are good reasons to vary this,
(Refer Number and Duration of Interviews).
Number and Duration of Interviews
Guidelines
In most cases one forensic video interview will be sufficient. It may be appropriate to
conduct a second forensic video interview where:
• the child becomes tired or distressed and is unable or unwilling to complete the
interview
• makes an allegation or further allegations late in the interview and is willing to
undertake a further interview
• spontaneously reveals further information outside the interview
• has special needs, for example, an interpreter or technical aid to communicate
• gives new information indicating a more serious offence
• gives information about a second perpetrator unconnected with the first interview
• equipment fails
• other considerations arise following consultation with the investigation team.
Most interviews take 45-75 minutes. A forensic video interview should last no longer
than 90 minutes, unless special circumstances exist.
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Interviewing Tools
Younger children communicate better with the help of objects.
Policy
Any piece of equipment in the interview room must be suitable for forensic video
interviewing.
The waiting room should not contain books and toys that relate to child abuse.
Guidelines
Suitable and unsuitable toys and equipment for forensic video interviewing
Use
Don’t Use
• appropriate body outlines*
• dolls’ house
• plain paper (quality A4 that can be
• books
filed)
• food, sweets or rewards
• pens (non-toxic, thick, strong colours
• distracting toys e.g. construction toys,
to show up on video)
bouncing balls
• play dough
• anatomically detailed dolls
• beakers/cups for concepts with under
• other children’s drawings in the
6s
interview room
• blocks
• clothed rag dolls **
• koosh balls
• tissues
• or other relevant materials
*If a body outline is introduced it is preferable that this is towards the end of the
interview and only after a verbal allegation had been made by the child. The purpose is
to clarify the part that the child has referred to in the interview when this has remained
unclear from their verbal statements.
**Dolls may be used for clarification of body positioning only after a verbal statement
about positioning has been made, and the interviewer needs further clarification on what
the child means. The use of the dolls must have a direct relationship to the child’s
statement.
Breaks, including Monitor Breaks
In both ingredients of alleged offences format and exploratory format the interviewer
should break the interview and confer with the monitor to check that all key areas of
questioning have been covered.
Breaks may occur for other reasons, for example, if the child needs to use the toilet, the
equipment malfunctions or there is a fire alarm.
There are no restrictions on the number of monitor breaks; however, they should be
kept to a minimum as too many checks become disruptive. There may be times where it
may be preferable for the monitor to pass a written message to the interviewer to avoid
the need for an additional monitor break. All written notes must be retained on the
interview file.
Before leaving the interview room, the Interviewer should state the time, purpose and
expected length of the break; on return to the interview room, they should state the
time.
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The child should remain in the view of the camera during the break. Interpreters and
support people must not confer with the child during the break.
The monitor should supervise the child if they leave the room.
Support Person
Allowed by law
The interviewer may allow a support person to be present during the interview where
they consider it is in the child’s best interests Reg. 6(2). The support person must be an
appropriate person to support the witness; it is up to the discretion of the interviewer to
deem whether it is appropriate for a parent to be that person.
The support person must not take part in the interview (Reg. 6(2)), identify themselves
on video at the beginning of the interview and be clearly visible throughout the video
recorded interview (Reg 11).
Policy
The child should be interviewed alone unless there are exceptional circumstances; where
it is in the best interests of the child and not likely to influence the narrative or
responses of the child.
The interviewer must clearly inform the support person about their role. The support
person must be clearly informed that they cannot participate in any way during the
interview.
The interviewer should ensure that any support person has signed a statement of
confidentiality prior to the interview.
Interpreters
Allowed by law
A suitably qualified interpreter may be present with the child where their first or
preferred language is other than English or where there is a communication disability,
such as hearing impairment (Reg 7(b)).
The interpreter must identify themselves, at the beginning of the interview state their
role in the interview and promise to accurately and completely translate the words of the
witness (Reg 8(e)), and be clearly visible throughout the video recorded interview.
Policy
The interviewer must clearly inform the interpreter about their role in the interview.
They are to interpret the interviewer’s questions for the child and to translate the
answers back for the interviewer. The interpretation and translations needs to be as
verbatim as possible.
The interpreter needs to be visible on video at all times and should leave the room with
the interviewer at any monitor breaks.
Guidelines
The interviewer should ask the interpreter to sign a confidentiality statement prior to the
interview taking place. [Refer Appendix 4]
The interviewer should spend time after the interview with the interpreter to answer any
questions that the interpreter may have about the process of the interview.
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If the child, and the family of the child, require interpreters a different interpreter from
the one used in the forensic video interview should interpret for the family.
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Before the Forensic Video Interview
These guidelines are an interim version. The practice, training and accreditation of Child
Forensic Interviewers is currently being subject to a comprehensive review by a joint
Police/CYF project. Any questions in relation to these guidelines should be addressed to
the Investigative Interviewing Team, NCIG at Police National Headquarters.
Preparation
Guidelines
Practice experience has shown that good preparation and planning are integral to the
forensic video interview. It is essential for the interviewer to have an interview plan
which may or may not be written.
When planning the forensic video interview consider:
• if the child has any special needs? If so, liaise with the social worker to identify the
appropriate agency for preliminary assessments, advice and/or organising assistance.
This could include an interpreter or support person present at the interview (Regs. 6 &
7)
• what information and supportive preparation need to be provided to the child.
• whether the referral and background information are clear? You should be familiar
with the information provided
• who will accompany the child to the interview. The child should be accompanied to the
interview unit by their parent or a support person. The child’s social worker should
also be present and available to the parent/support person, and the interviewer after
the interview.
When developing the interview plan and structure, consider:
• the Regulations and interview procedures
• the roles and tasks of the interviewer and monitor
• the interview structure
• strategies for handling different situations, e.g.: if the interview is disrupted
• arranging the room and equipment.
Consultation with the Parent and Social Worker
Policy
The interviewer must have:
• taken all steps to ensure that relevant information is known before the interview with
the child. This should include a meeting or telephone consultation with the child’s
social worker.
• informed the parent and social worker about the possibility that the interview with the
child may not result in clarification of the referral concerns. Alternative explanations
for the concerns may need to be considered.
• informed the parent and social worker about the recording, number and use of the
interview
• obtained informed consent [Refer Appendix 3] to video record the interview with the
child.
The child must not be present at any consultation with the parent or social worker. Notes
should be made during the consultation with the parent as soon as practicable
afterwards. Any issues of contention or concern should be declared, resolved and
recorded.
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At the discretion of the interviewer, the monitor may be present at the consultation with
the parent or social worker.
Guidelines
Wherever relevant the following information should be clarified with the parent prior to
the undertaking of the forensic video interview:
• Understanding of the Interview Process
- Information they have about the interview.
- What the child has been told about the interview.
• Allegation and/or concerns
- What they know about the report of concern
- The context of the allegations or concerns, for example: how often the child sees
the alleged offender; how long concerns have been present?
- As much detail as possible about the questions asked of the child.
- As much detail as possible about the child’s words in response.
- What the adults’ response was to the child first telling of the alleged abuse.
- Anything the child has said that is of concern (in as much detail as possible).
- What has been said by key adults to the child and what information key adults
have received from other adults about the allegations.
• Context of the allegation or concerns
- Any changes in their behaviour over time.
- Any observed sexual behaviour.
- Their behaviour and performance at pre-school or school.
- Their daily routine.
- Significant people they are in contact with.
- Whether they are avoiding any person or situation.
- Whether they have been exposed to pornographic material or sexual behaviour
between adults.
- Child’s access to electronic communication.
• Child’s vocabulary and conceptual level
- Their words for different parts of the body and level of sexual knowledge (where
appropriate).
- Any developmental issues.
• Factors impacting on the interview
- How the child feels at the moment.
- Behaviour when under stress.
- Issues that may impact on the interview, for example: custody dispute or any
other relationship or family context issues involving the adults or child concerned.
- Health and medication.
• Parents/family
- Any previous history of abuse allegations.
- Parental attitudes and beliefs regarding sexual conduct and norms (where
appropriate) for example: response to nudity, sex education.
- History of the family/whanau, for example: marital separation or conflict, exposure
to family violence, trauma, exposure to pornography or explicit material, drug and
alcohol use.
- Parental attitudes and beliefs regarding discipline and punishment.
- Child’s relationships with significant others.
Consent
Informed consent should be obtained from the parent or guardian, wherever practicable
and appropriate. It is preferable that this consent is written.
Where appropriate, consent should also be obtained from the child to be interviewed.
Interviews with a child should not proceed if the child is unwilling to be interviewed.
[Refer Appendix 3 Standard Consent Form]
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If parental consent is refused the interview may proceed, with written consent from the
social worker or their supervisor provided that the Chief Executive has custody of the
child.
If a parent refuses consent and the child is not in the custody of the Chief Executive, the
social worker must seek legal advice with a view to seeking a warrant. In some cases a
young person may be of sufficient capacity and understanding to consent to an interview
on their own account, without the need for parental consent or custody. Extreme caution
must be exercised and prior legal advice must be obtained.
Consultation with legal services may also be appropriate, for example, where the parent
or guardian is an alleged offender.
Pre-interview with the Child
Policy
Depending on the child’s age and level of maturity, the interviewer or monitor will
endeavour to explain to them about the interview procedure, its recording and use.
Guidelines
It is desirable that any discussion with the child is recorded in writing.
It is useful if any discussion with the child is monitored.
The child may need some time to settle and familiarise herself/himself with the
surroundings before the interview begins.
Be honest with the child. Do not make promises that cannot be kept. The interviewer
cannot promise:
• absolute confidentiality
• the child will not have to appear in court
• who will see the transcript and video
• what the court outcome will be.
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Conducting the Forensic Video Interview
These guidelines are an interim version. The practice, training and accreditation of Child
Forensic Interviewers is currently being subject to a comprehensive review by a joint
Police/CYF project. Any questions in relation to these guidelines should be addressed to
the Investigative Interviewing Team, NCIG at Police National Headquarters.
Structure of Interview
All forensic video interviews must be conducted in accordance with the Evidence
Regulations 2007. The phases and steps within the forensic video interview are fully
explained and practised within the national forensic video interviewing training course
that all forensic interviewers attend before conducting interviews. What is presented
below is a summary and practice changes may have occurred since publication as a
result of court precedent, research and literature.
All forensic video interviews are divided into three phases. All three phases are video
recorded.
Summary of phases of a forensic video interview
Phase Purpose
1. Introduction:
• Cover Regulation requirements.
Rapport and
• Explaining ground rules.
Regulations
• Rapport building practicing free narrative techniques on
one or two episodic events.
• Checking out of conceptual understanding (generally for
children under the age of six).
• Establishing understanding of truth/lies and promises and
obtaining a promise.
2. Middle: Ingredients
• Encourage the child to talk about anything that has
of Alleged Offences or
happened using a free narrative approach.
Exploratory Format (if
• Obtain details of any allegations that are made and
the child makes no
ingredients of any alleged offences that the child discloses.
allegation)
• Obtain a sense of chronology/frequency.
Note: this Phase will
• Recent complaint evidence.
be punctuated by a
• Body diagram (if required).
monitor’s break
• Monitor’s break – cover Regulation 9 requirements.
3. Closure:
• Ask questions for further clarification if required.
• Sign any exhibits used.
• Opportunity for child to ask any questions.
• Divert to a neutral topic.
• Close the interview.
Interview Procedures
These procedures consist of instructions and guidelines. The instructions are based on
the Evidence Regulations 2007 and best practice. The guidelines are to assist the
interviewer to carry out these instructions. What is presented below is a summary and
practice changes may have occurred since publication as a result of court precedent,
research and literature.
This interviewing model may be used for interviewing other vulnerable witnesses (i.e.
child witnesses to serious crime).
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Before starting
Step Instruction
Guidelines
1
Turn on the equipment and make sure it is
Once the interview begins
working.
the monitor should be
Position the camera at the level of the child.
alone in the monitors’
room unless other
professional support is
required due to the child’s
special needs or needs of
the investigation.
2
Set up the interview situation:
• the child must be seated with their face visible
to the camera during the entire interview
• a support person or interpreter, if required,
must be seated out of the child’s sight but in
view of the camera (Regs. 11 & 12)
If the interpreter is using sign language they
must be in the full view of the child and the
camera at all times.
A simple, clear-faced analogue clock with a
second hand, correctly recording the time, must
be fixed and visible throughout the interview
(Reg. 8(g).
Note: If at any time during the interview the child is unable to proceed, or exhibits
continuing unwillingness to proceed, with the interview the interviewer should conclude
the interview and, if appropriate, reschedule another appointment for a further
interview.
Phase 1: Introduction: Rapport and Regulations
Step Instruction
Guidelines
3
State the interviewer’s name
State the place, date and time of the
interview (Reg. 8(a) (b)).
4
State that the interview is being
monitored and the monitor’s name and
designation
5
Ask the child to give their name and age It is preferable not to ask the child to
(Reg. 8(b)).
give their school, teacher or address as
this information should not be seen or
heard by the defendant in court. This
may put the child’s safety at risk.
6
If present, the interpreter and/or
support person must state their name
(Reg. 8).
The interpreter must promise to
interpret accurately (Reg. 12) and
accurately and completely translate the
words of the witness (Reg. 8(e)).
7
Ground rules
It may also be useful to practice
Give the child permission to say if they
setting ground rules, using neutral
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do not know or do not remember or do
topics, to ensure the child has
not understand. Give them permission
understood.
to correct the interviewer if they feel
the interviewer has misunderstood
them.
8
Rapport Building And Free Narrative E.g. Phrases such as "tell me
Practice
everything that you did on your last
Use two neutral topics such as last
birthday" and "what else can you tell
birthday, yesterday at school, to allow
me about that" are useful to enhance
the child to practise using a free
narrative.
narrative style.
Use time segmentation (zooming)
techniques.
9
Concepts
Using blocks or beakers as objects,
If the child is under six years, or where
test out the child’s knowledge of the
appropriate for developmentally
following:
delayed, establish their understanding
For example
of concepts
• primary colours
• big/small
• first/last
• inside/outside
• on top/underneath
• in front/behind
• next to/in between/middle
• same/different
• counting using objects
10
Truth and Lies
Impart solemnity by telling the child it
Inform the child that it is important to
is important to tell the truth and not
tell the truth and not tell any lies NB:
tell any lies.
Although the Regulations only require
Use one or two age appropriate
an over 12 year old to tell the truth it is examples of truth and one or two
recommended that the same steps are
examples of lies to clarify their
followed.
understanding of these words. Older
Use examples to establish if the child
children might be able to provide their
can differentiate between the truth and
own examples.
lies.
Don’t use authority figures in
Establish the child understanding of the
examples, use "someone" in examples
consequences of lying.
e.g. if someone said your name was
(Reg. 8(c) & (d).
_____ would that be the truth or a lie?
To increase the sense of solemnity and
gauge their understanding of
consequences ask children if it is best
to tell the truth or best to tell lies and
how come?
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11
Promises
Ways of exploring this are.
Establish the child’s understanding of
Have you heard the word promise?
promises.
What does making a promise mean?
Ask the child what a promise is and
Wait for the child’s explanation and use
what happens if they promise to do
one or two examples to clarify.
something (Reg. 8(c) & (d).
Don’t use authority figures in
examples, use "someone" in examples
e.g. if you promised someone that you
would sit with them at lunchtime what
would you do?
If they are having problems with this
try
Is a promise something you have to
keep or don’t have to keep
Is a promise important or not
important
If you make a promise do you keep it
or break it?
12
Obtaining a promise
Remind the child that it is very
Directly following Step 11 ask the child
important that everything they talk
to promise to tell the truth today in the
about in this room today is the truth.
interview room (Reg. 8(c) & (d).
Ask them: "Will/do you promise to tell
If a child becomes distracted, it may be the truth in this room today?"
necessary to check or reiterate steps
If the child nods, ask what that means,
10-11 before again asking the child to
or say: "I need to hear you say that
promise to tell the truth.
word". The child needs to make a
verbal response.
If the word promise is not understood,
other alternatives are to get the child
to ‘make a deal’, ‘keep their word’ or
seek the agreement of the child, for
example.
Will you agree to tell the truth in this
room today?
Will you agree not to tell any lies?
Will you keep your word today to tell
the truth?
Phase 2: Middle: Determining Ingredients of Alleged Offences Format or
Exploratory
Format
The first step in Phase 2 (step 13) will determine whether the interview will gather
ingredients of alleged offences or follow a more exploratory format (if child makes no
allegation).
Step Instruction
Guidelines
13
a) Ask the child what they have
Example: "What have you come here
come to talk about.
to talk about today?"
b) If they don’t know, ask further
"Who brought you here today?"
invitational and transitional
"Was there anything he/she said about
questions:
coming here today?"
"What do you think it might be about?"
"Is there anything that you don’t want
to talk about today?"
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As a last resort a question such as
"Mum/social worker said that you had
something you need to talk about – tell
me about that?"
c) If the child still does not know
If a child goes on to allege abuse
proceed to an exploratory format. during the exploratory format, the
This sometimes requires more
interviewer must revert to Step 14 of
than one forensic video interview. the ingredients of alleged offences
format and proceed from there.
d) If the child alleges abuse in Step
13, proceed with an
ingredients
of alleged offences format.
Phase 2: Middle: Ingredients Of Alleged Offences Format and Exploratory
Format
Step
Ingredients Of Alleged Offences
Exploratory Format
Format
Instruction
Guidelines
Instruction
Guidelines
14.
Invite child to
Ask the child to
Consider the
Use neutral
narrate and then tell you all about
factors that may topics to explore
use free
what happened.
constrain the
different aspects
narrative
When their free
child’s
of the child’s
techniques to
narrative reaches engagement,
situation.
assist the child to an end, assist
e.g. shyness,
elaborate.
them to
anxiety.
elaborate by
questions such as
"Tell me about
that," or "Then
what happened?"
or "What else can
you remember
about that?"
15.
Briefly clarify
Briefly clarify
Engage the child Use "free-
range of alleged
whether anything in a discussion
narrative"
offences.
else like that has that allows them techniques to do
occurred (with
to give
this.
the same alleged information
offender), and an freely.
idea of frequency
in order to allow
the interviewer to
structure and
pace the rest of
the interview.
16.
Obtain in depth
In the course of
Enquire about a
Use information
detail of each
the interview
range of things
that the child has
alleged offence,
obtain the
in the child’s
previously
or a selection of
following
environment.
offered and
alleged offences
information if
general events in
using questioning possible:
children’s lives.
techniques (refer • details of
Be alert to issues
Appendix 1 for
alleged
of concern
questioning
offences
expressed by the
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terminology).
• locations and
child.
times
• content of
conversations
• factual detail
such as
colours smells
and other
observations
• corroborative
evidence
• identify
witnesses
• description of
injuries
• other relevant
information.
17. Gather
recent
• who the first
Focus on target
Directly relate
complaint
person was
areas of concern. this to what the
information, or if
that they told
If the child does
child has already
not, information
• when they told make any
spoken about.
about why no
them
allegations
Get them to
complaint was
• how come
during this
clarify these
made at the
they decided
phase – revert to areas of concern.
time.
to tell then
step 14
Without raising
• how come
Ingredients of
prior knowledge
they didn't tell Alleged Offences attempt to clarify
before (if
Format.
any issues of
there's been a
concern
delay)
identified in the
• gather any
referral or
information
consultation
about the
process that the
child’s
child has not
demeanour, as
previously
the recent
spoken about
complaint
during the
witness can
interview.
give evidence
on this at trial.
Phase 2: Middle: Monitor Break
Step Instruction
Guidelines
18
a) Before the end of the interview
The monitor’s notes will assist the
the interviewer should break the
monitor to determine any areas or
interview and confer with the
points that may have been missed
monitor to check that all key areas
in the interview. Usually the
of questioning have been covered.
interviewer will break the interview
to confer with the monitor.
There are no restrictions on the
number of monitor breaks;
however, they should be kept to a
minimum as too many checks
become disruptive.
b) Before leaving the interview
Whenever there is a break in the
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room, state the time, the estimated interview steps b and c must be
duration of the break and the
followed.
reason for leaving; (Regs 9 (a),(b)
The interviewer should explain to
& (c).
the child the purpose of the
monitor’s break and the expected
length of the break.
The child should remain in the view
of the camera during the break.
Interpreters and support people
must not confer with the child
during the break.
c) on return to the interview room,
state the time.
Phase 3: Closure: Steps 19-34 apply to all forensic video interviews (both
exploratory and where allegations have been made)
Steps Instruction
Guidelines
19.
Clarify any issues raised by the
monitor.
20.
Offer the child the opportunity to add
to or correct any information
provided or to ask questions.
21.
In order to identify exhibits, ensure
You may hold all plans, outlines and
all material produced during the
drawings up to the camera, showing
interview has the child’s name, and is both sides of the page.
signed and dated.
22.
Introduce a neutral topic, e.g. what
If the interview has followed the
they have missed at school today.
exploratory interview format, the
Let the child narrate. Acknowledge
interviewer may talk to the child
the child's participation in the
about the possible need to return for
interview.
a further interview.
23
State the time at the end of the
interview (Reg 8(h)).
24.
Turn off the video equipment.
Phase 3: Closure: Tasks for the interviewer
Step Instructions
Guidelines
26.
Label both video records.
28.
Complete required schedules – one
for the master copy, one for the
working copy.
29.
Seal master schedule with master
video record and sign seals (initials
are sufficient).
30.
Attach the working schedule to the
working video record.
31.
Complete the office video record log Each office needs to set up and
book which should be kept up-to-
maintain these log books:
date at all times.
interview log book to record the
interviews conducted;
video log book to record the videos
made (could be included in the
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interview log book);
video movement book to record the
inward, internal and outward;
movement sheet attached to each
video record.
Phase 3: Closure: Uplifting the video record - The Police Officer
Step
Instruction
Guidelines
32
If the video record is subsequently
Every movement of the video record
moved the video movement book
must be recorded.
must be signed indicating which
video record is being moved and
It is imperative that the chain of
the schedule must be noted.
evidence is maintained as the video
record may not be admitted in court
it there is any infringement of the
Regulations.
Develop a clear system with your
local police for moving video record.
Video records should be transported
by hand or if that is not possible
either by courier or registered mail.
The person who is entrusted with
the video record must be fully
informed of the legal requirements.
33
Deposit the video record for
storage in a secure place.
34
If the video records come back to
the Interviewer (for verifying
transcripts or any other purpose),
the person receiving the video
record must complete step 28.
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After the Forensic Video Interview
These guidelines are an interim version. The practice, training and accreditation of Child
Forensic Interviewers is currently being subject to a comprehensive review by a joint
Police/CYF project. Any questions in relation to these guidelines should be addressed to
the Investigative Interviewing Team, NCIG at Police National Headquarters.
Debriefing
The role of the interviewer post interview is to provide the referrer and the support
person/carer, with information about what has been said in the interview.
Policy
The interviewer must inform the referrer and where appropriate Police of the interview
outcome.
Guidelines
The interviewer needs to talk to the child, in a way that is appropriate to their age and
maturity, to:
• acknowledge and affirm their participation in the interview
• check how they are feeling
• explain that you will be speaking with the adult(s) who are supporting the child
through the interview process
• explain what will happen to the video records and who may see them
• explain that you will be talking to their social worker about what will happen next e.g.
(counselling, medical, court)
• answer any questions but if the child asks about future safety explain that their social
worker will talk to them about that.
With older children it may be appropriate to ask if they want to be present when you are
talking to the parent.
The interviewer needs to talk to the parent (wherever possible with the social worker
and/or the Police employee present, although some times it may be necessary to talk to
the social worker alone first) to:
• give them feedback on the interview in appropriate detail
• explain what will happen to the video records and who may see them;
• explain what will happen next regarding your role
• talk about how the child is feeling and check out how the adult is feeling.
* Discuss the child’s immediate safety needs with the social worker and the family when
a child has made an allegation of abuse in the interview.
Record significant points from these debriefings and date, sign and file this record.
The interviewer and monitor should, where possible, meet to debrief after the interview.
Summary Report
Policy
The interviewer must secure every outline, drawing, monitor’s message and note made
during the interview as these may be used as evidence.
The interviewer must complete and send a Summary Report to:
• the referrer
• Police in every case where allegations have been made.
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The Summary Report must be marked confidential and may only be used with the
permission of Child, Youth and Family and Police, in consultation with the interviewer
and according to legal guidelines.
Guidelines
The report is not a verbatim account. It should contain a factual summary of the
interview and the allegations. State that full details of the child’s statement are available
on video record.
The report must:
• state whether the child alleged abuse
• present factual notes about what they said or did.
The report may include recommendations for further social work follow up.
Role of the Forensic Interviewer in Court
Where the child’s evidence is presented on video record in court, the interviewer can be
called as witness. The interviewer can be cross examined on any aspect of the interview.
• Preparation of the child.
• Truth, lies and promises.
• Inconsistencies in the child’s account.
• Questioning style.
• Any other aspect of the interview or general interviewing practices that may cast
doubt on the child’s or the interviewer’s credibility as a witness e.g.: supervision,
training, current literature.
Guidelines
When presenting evidence in court preparation is crucial.
• Go through the transcript thoroughly.
• Go through the transcript with another interviewer or supervisor to identify areas
where you are likely to be cross-examined.
• Where ever possible review the video carefully, as you are unlikely to be able to view
it in court.
• Consult with, and seek advice from, a Child, Youth and Family solicitor.
The Crown Prosecutor is acting for Police in these matters. Child, Youth and Family staff
should seek advice from the site solicitor to avoid any conflict of interest. If aspects of
the criminal process are not within the immediate knowledge of the site solicitor, it is
their role to find someone who can assist the interviewer.
As criminal cases are determined through an adversarial process, the prosecution must
prove guilt beyond reasonable doubt. The defence lawyer may attempt to cast doubt on
the evidence presented. As a result of this process, the interviewer may feel as if they
are on trial. It is important to remember that it is not a personal attack.
Where the interviewer’s credibility is questioned, it is important to emphasise
qualifications, training and experience. It is useful if the interviewer can be specific about
the number of interviews they have conducted.
In criminal court it is important to give definite answers where possible. Witnesses
should not be afraid to say if they don’t understand a question or to ask for the question
to be restated or rephrased.
Do not be afraid to acknowledge any shortcomings in the interview for example, a
contentious question. One or two mistakes do not invalidate the entire interview.
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The interviewer must not be drawn into giving an opinion about whether or not the child
is telling the truth. The interviewer’s task in the interview was to create a situation that
enabled the child to say what (if anything) happened. The judge and jury must
determine whether or not the case is proven.
The interviewer needs to utilise their own personal strategies, and forms of support
provided by their employer/organisation, for coping in stressful situations. The
interviewer’s task is demanding and difficult and it is important for them to be confident
about their professionalism and competence.
Transcripts
Legal requirements
A transcript is required where the video record is used as evidence in a criminal
proceeding (Reg 28).
Policy
Police are responsible for preparing the transcripts where criminal charges follow and
may lead to court proceedings.
The transcript should contain all noticeable non-verbal communication.
The interviewer must check the transcript against the video record for accuracy and
acknowledge in their formal written statement that this has occurred.
If a transcript has been prepared a copy must be kept on Police files.
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Video recordings
These guidelines are an interim version. The practice, training and accreditation of Child
Forensic Interviewers is currently being subject to a comprehensive review by a joint
Police/CYF project. Any questions in relation to these guidelines should be addressed to
the Investigative Interviewing Team, NCIG at Police National Headquarters.
Video Record Security and Access
Whoever holds a copy of the video record is responsible for:
• the safe keeping of the video record
• registering who has viewed the video record
• recording all movements of the video record.
Legal requirements
The master copy of a forensic video record where a child has made an allegation must be
sealed with a completed certificate as contained in the Schedule to the Evidence
Regulations and placed in the safe custody of Police (Reg 17(2)).
Police must keep a record of the date the master video record was placed in their
custody and details of any subsequent dealings with the master copy and the reason for
that (Reg 17(2)(b)(i)&(ii)).
A working copy of a forensic video record must be identified as such and placed in the
safe custody of Police, with a completed copy of the certificate as contained in the
Schedule to the Evidence Regulations Reg (18(1).
A record must be kept with the working copy identifying the name and designation of
anyone who views the video record and the date of viewing (Reg 18(2)).
Under regulation 21, Child, Youth and Family may request a copy of the video record to
• show the child
• enable the Chief Executive or a social worker to discharge duties under any Act.
When a copy of a video record is provided to Child, Youth and Family, if produced the
transcript must also be provided.
Child, Youth and Family may only show a copy of any transcript to a person if it is in the
interests of the child who is the subject of proceedings (under the Care of Children Act
2004 or CYPFA) and it is not likely to jeopardise any pending criminal proceeding and a
record is kept of every person who is shown the transcript.
Regulation 20 defines the purposes for which a video record may be shown by Police.
Policy
Access to the video record must be in accordance with the Evidence Regulations 2007.
The video record must be used in keeping with the principles of the Children, Young
Persons, and Their Families Act (1989) and, where appropriate, the Privacy Act (1993)
and the Official Information Act (1982).
Guidelines
The decision to allow access to the video record must be guided by the child’s best
interests. Police should consult with Child, Youth and Family to assess this.
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Video Record Retention and Destruction
Legal requirements
All forensic interview video records must be kept for a predetermined number of years.
Under regulation 40, Police must keep the master video record until:
• it is produced to court as an exhibit and becomes its property;
• seven years after the date the video record is made, in the event that no prosecution
is brought (Reg 40(1)(b)).
Where there are court proceedings master video records must be kept for ten years by
the courts, measured from the date when the proceedings are finally determined or
discontinued (Reg 39).
The master video record and working video records are to be destroyed or erased by the
destruction date.
Refer to regulations 36 to 48 as to who is responsible for destroying or erasing the
master video record, working copy or any copies of either.
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Appendix 1 - Questioning terminology
These guidelines are an interim version. The practice, training and accreditation of Child
Forensic Interviewers is currently being subject to a comprehensive review by a joint
Police/CYF project. Any questions in relation to these guidelines should be addressed to
the Investigative Interviewing Team, NCIG at Police National Headquarters.
Note: Forensic Interviewers are trained in the appropriate use of these questions.
1. General questions
Open-ended enquiry about the child’s well-being or salient issues; it does not assume an
event or experience.
Example:
“How can I help you”
“How are you feeling today?”
“Is there anything you want to talk about?”
2. Narrative invitations
A broad open-ended enquiry or statement that encourages the child to talk in a free
narrative style about an event without interruption from the interviewer. These sorts of
questions have been shown to increase the detail and accuracy of children’s statements.
Example: “Tell me what you’ve come to talk to me about today.”
“Tell me what happened.”
“What else can you remember about that?”
“Tell me more about that”.
3. Facilitative cues
Interviewer gesture or utterance aimed at encouraging more narration
Example:
“Un huh”
“Anything else?”
“Mmhmm”
4. Time segmentation/ Zooming
Probing for details by asking about a particular time during an event described by the
child – breaking down a reported segment of time.
Example:
“You told me about your birthday party. Tell me what you did from the time your friends
came to your party until you opened your presents.”
“You said that Uncle Harry came in your room. Tell me everything that happened from
when he came in your room until he left”
5. Open-ended prompts
Questions that allow for a broad range of responses, while minimising leading or
suggestive material that could be introduced in the interview. Open ended questions are
useful throughout the interview process as a method of providing some structure to the
child’s recall without being overly suggestive or leading.
Example:
“Tell me everything that happened, even if you don’t think it’s important.”
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“Tell me about your family.”
“What happened next?”
6. Cued invitations
Questions that focus the child on a particular topic, place, or person, but refrain from
providing information about the subject. These questions also serve to trigger memory
and can be conceptualised as a way of framing a question to narrow the child onto the
topic the interviewer is enquiring about. These questions are more specific than open-
ended questions.
Example:
“You said that Uncle Harry touched you. Tell me what you mean by “touched”.
“You said you and Uncle Harry were in the caravan. Tell me everything that happened in
the caravan.”
7. Direct questions (5WH)
Questions that start with words such as what, when, where, how, and how come, that
may be necessary to elicit specific information that has not been clarified by the more
open-ended questions above. It is often useful to pair these questions with open
questions.
Example:
“What were you wearing when that happened? (Child responds) Tell me about that.”
“Where were you when that happened. (Child responds) Tell me everything that
happened when you were in that shed.”
8. Option-posing questions
Questions that are yes/no and multiple-choice are sometimes necessary after open-
ended techniques and direct questions have failed to elicit relevant information. Although
these questions may be useful to cue the child’s memory they should be carefully
phrased to reduce the amount of new information introduced in the question. Multiple-
choice questions should include all relevant options and a catchall category “or
something else” at the end. These questions are more suggestive than direct questions
and should be paired with more open questions.
Example:
“When that happened were you sitting, standing up, lying down or something else?”
(Child responds). Tell me all about that”.
“I’m just wondering whether that happened in the morning, afternoon or night time?”
(Child responds). Tell me what happened from the start to the finish.
9. Externally derived questions
A question that relies on information not disclosed by the child in the interview. Although
there are times when it may be appropriate to introduce prior knowledge (for example, if
the child has a sexually transmitted disease) these questions should not normally be
asked as they may lead or mislead the child. They should only be used with extreme
caution and in a planned way, if all other avenues are exhausted and there are clear care
and protection concerns indicated.
Example:
“Do you remember anything about a camera?”
“Your Mum said that you went to the doctor yesterday. Tell me all about that”.
10. Leading questions
A statement the child is asked to affirm. These questions should never be asked.
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Example:
“Isn’t it true that your brother touched your fanny?”
“So your dad gave you that bruise didn’t he?”.
11. Misleading questions
A question that assumes a fact that is not true, which the child is explicitly or implicitly
asked to confirm. These questions should never be asked.
Example:
“What colour scarf was the nurse wearing?” (When she wasn’t wearing one)
“Show me where he touched you”. (When no touching has been alleged by the child)
12. Coercion
The use of inappropriate inducements to get cooperation. These sorts of statements
should never be used.
Example:
“If you tell me what your mother did, we can go for ice cream”.
“You can play with that after you’ve told me all about what Uncle Harry has done.
“If you tell me we can put him in jail and keep other children safe”.
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Appendix 2 – Evidence regulations 2007
These guidelines are an interim version. The practice, training and accreditation of Child
Forensic Interviewers is currently being subject to a comprehensive review by a joint
Police/CYF project. Any questions in relation to these guidelines should be addressed to
the Investigative Interviewing Team, NCIG at Police National Headquarters.
Refer to the Evidence Regulations 2007.
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Appendix 3 – Standard Consent Form
These guidelines are an interim version. The practice, training and accreditation of Child
Forensic Interviewers is currently being subject to a comprehensive review by a joint
Police/CYF project. Any questions in relation to these guidelines should be addressed to
the Investigative Interviewing Team, NCIG at Police National Headquarters.
Download the Standard Consent Form (word document, 33 KB).
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Appendix 4 - Interpreter Confidentiality Statement
Download the Interpreter Confidentiality Statement (word document, 34 KB).
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