Specialist Child Witness Interview Guide
Version : 1.0
Detailed table of contents
This chapter contains these topics:
Executive summary
• Key things to note are:
Overview
• Contact for enquiries
• Introduction
• When and why should specialist child witness interviews be used?
• Joint Child, Youth and Family/Police SCWI Policy
• Definitions
Roles and responsibilities
• The specialist child witness interviewer
• The monitor
• Child, Youth and Family and Police Managers
Purpose and conduct of the interview
• Purpose of the SCWI
• Interviewing Number and Duration of Interviews
• Structure of interview
• Interviewing tools
• Breaks, including monitor breaks
• Support person
• Interpreters
Before the SCWI
• Preparation and planning
• Consultation with the parent and social worker
• Consent
• Pre-interview with the child
After the SCWI
• Debriefing
• SCWI Report
• Role of the interviewer in court
• Transcripts
Video recordings
• Security and access to video records
• Video record retention and destruction
Facilities and equipment
• Recording equipment
• Interview rooms
Training and development
• Policy
• Guidelines
• Peer review
• Accreditation
• Professional development opportunities
Supervision
• Policy
• Guidelines
Confidentiality statements and consent forms
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Executive summary
Child, Youth and Family and the New Zealand Police have a joint commitment to
providing specialist child witness interviewing services.
This document details policy and guidelines relating to specialist child witness interviews
(SCWI):
• agreed jointly by Child, Youth and Family and the New Zealand Police
• for trained specialist child witness interviewers of Child, Youth and Family and the
Police, and their supervisors and managers.
The policy and guidelines ensure specialist child witness interviews (SCWI) are
conducted and recorded in accordance with the Evidence Act 2006 and the Evidence
Regulations 2007 and that best practice is maintained.
Key things to note are:
• SCWI must be conducted according to the rules of evidence and the Evidence Act
2006 and Evidence Regulations 2007.
• A SCWI of a child who has, or may have, been abused or witnessed a serious crime
must be video recorded.
• All interviewers must have completed the nationally recognised SCWI training course,
and be on the SCWI register before undertaking video interviews of a child.
• Every SCWI must be monitored.
• The interview must take place in a child friendly environment – never in a suspect
interviewing room.
• Police supply the medium on which the SCWI is recorded and prepare the transcripts
where criminal charges follow.
• Depending on the child’s age and level of maturity, the interviewer or monitor should
try to explain to them the interview procedure, its recording and use.
• The interviewer must:
- inform the social worker and Police of the interview outcome and, in every case
where allegations have been made, provide a 'Summary Report'
- discuss the child's immediate safety needs with the social worker and family when
a child has made an allegation of abuse in the interview.
• The interviewer must secure every outline, drawing, monitor’s message and note
made during the interview as these may be used as evidence.
• The decision to allow others, such as family or support people, access to the video
record must be guided by the child’s best interests and the Evidence Regulations
2007. Police should consult with Child, Youth and Family to assess this.
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Overview
This section contains these topics:
• Contact for enquiries
• Introduction
• When and why should specialist child witness interviews be used?
• Joint Child, Youth and Family/Police SCWI Policy
• Definitions
Contact for enquiries
Any questions in relation to these policies and guidelines should be addressed to the
Investigative Interviewing Team, NCIG at Police National Headquarters.
Introduction
Specialist child witness interviewing is a skilled task which requires specific training and
supervised practice. A SCWI cannot be conducted 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 (CPP) between New Zealand Police and Child, Youth and
Family (a schedule to the MOU between the two agencies), for the reporting and
investigation of serious child abuse. This is available from the respective agency’s
intranet.
Child, Youth and Family and the New Zealand Police recognise that some interviewing
situations may call for procedures not specifically referred to within this document.
Where this occurs the interviewer should exercise their 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 the interviewer and the monitor and/or other experienced person, for example
the SCWI Coordinator / Trainer based at Police National Headquarters.
The practice guidelines within this document are current at point of publication. Practice
changes may have occurred since publication as a result of court precedent, research
and literature.
When and why should specialist child witness interviews be used?
A SCWI may be used as part of an investigation 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 SCWI is conducted in a manner that complies with the Evidence Regulations 2007.
A SCWI 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 under regulation 22
of the Evidence Regulations 2007
• for those purposes outlined in regulation 20 of the Evidence Regulations 2007.
Video recording of SCWI 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:
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• 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 SCWI can be used for investigations, 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
• SCWI 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 SCWI Policy
Policy
A SCWI of a child who has, or may have, been abused or witnessed a serious crime must
be video recorded.
SCWI must be conducted according to the rules of evidence and the Evidence Act 2006
and Evidence Regulations 2007.
If there is more than one suspect, separate SCWI should be conducted to discuss the
incident(s) relating to each alleged offender, unless the alleged offences were jointly
committed.
A SCWI must be carried out by an interviewer with specialist training in the interviewing
of children and the requirements of the Evidence Regulations 2007. This specialist
training course is run at the Royal New Zealand Police College (RNZPC) and includes e-
learning as well as a week-long face-to-face course.
Every SCWI must be monitored. The monitor must be a Child, Youth and Family
Specialist Child Witness Interviewer or a police officer trained in interviewing and/or the
requirements of the Evidence Regulations 2007.
The interview must take place in a child friendly environment. It must not take place in a
suspect interviewing room.
Police must supply the medium on which the SCWI is recorded.
Guidelines for referrals
Referral for a SCWI is indicated when:
• a child has disclosed sexual abuse, serious physical abuse, serious neglect, or serious
family violence where the child is a witness, and / or:
• medical findings indicate possible abuse or neglect
• there are extreme and persistent patterns of sexual behaviour
• there has been unsupervised contact with a known suspect
• abuse is witnessed by a third party
• abuse is admitted by a suspect
• a serious crime has been witnessed
• there is a disclosure witness.
Definitions
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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.
Child
The Child Protection Protocol (CPP) sets out the way that Child,
Protection
Youth and Family and Police work alongside each other in situations
Protocol
of serious child abuse. It clarifies the roles and responsibilities of
(CPP)
each organisation, and the process to be followed, to ensure a
prompt and effective response to cases of serious child abuse.
The protocol is a schedule to the MOU between the two agencies and
is available from the respective agency’s intranet.
Disclosure
A disclosure witness is the first person to whom a child disclosed.
witness /
Recent
complaint
Emotional /
Emotional abuse is any act or omission that results in adverse or
psychological
impaired psychological, social, intellectual and emotional functioning
abuse
or development.
Interpreter
A suitably qualified interpreter who can assist the child, where their
first or preferred language is other than English, or the child has a
communication disability.
Interviewer
A person with specialist training in the skills associated with
interviewing children, having successfully completed the SCWI
Course at RNZPC.
Monitor
A Child, Youth and Family Specialist Child Witness Interviewer or a
police officer trained in interviewing and/or monitoring.
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
When a person intentionally ill-treats or neglects a child or causes or
permits the child to be ill-treated in a manner likely to cause the
child actual bodily harm, injury to health or any mental disorder or
disability, and that ill-treatment or neglect is serious and avoidable.
(Child Protection Protocol)
Parent
The usual fulltime caregiver or legal guardian of the child. This may
include biological parent/s, step-parent/s, wider whānau 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).
Regulations
The Evidence Regulations 2007.
Serious
The actions of a perpetrator that result in or could potentially result
physical
in physical harm or injury being inflicted on a child. The test for
abuse
seriousness is determined by considering the action, the injury and
the circumstances and is set out in Appendix 1 of the Child
Protection Protocol.
Sexual abuse
An act involving circumstances of indecency with, or sexual violation
of, a child, or using a child in the making of sexual imaging. (Child
Protection Protocol)
Specialist
A recorded interview that can be used as part of an investigation
Child Witness
where a child has, or may have been, abused, or witnessed a
Interview
serious crime. It may later be used as part of court evidence. (Child
(SCWI)
Protection Protocol).
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Support
Any person (other than the suspect(s)) who supports the child
person
throughout the interview process.
Vulnerable
Child witness to a serious crime.
witness
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Roles and responsibilities
This section contains these topics:
• The specialist child witness interviewer
• The monitor
• Child, Youth and Family and Police Managers
The specialist child witness interviewer
Policy
A SCWI must be carried out by a trained interviewer from Child, Youth and Family, or a
Police interviewer trained in interviewing children (having successfully completed the NZ
SCWI Course at RNZPC) and the requirements of the Evidence Regulations 2007.
The interviewer must:
• ensure they are aware of the provisions of the Evidence Regulations 2007, in
particular regulations 5, 6, 7, 8, 9, 10, 11, 12 and 13
• cover the points listed in regulation 8 of the Evidence Regulations 2007
• provide a child friendly environment
• facilitate a process where a child can talk about what, if anything, has happened
• report key observations 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 interviewer must not:
• engage in therapy with the child, or their family members
• assess whether the suspect is guilty or not
• assume social work responsibility for the child’s case
• conduct the wider investigation and assessment (except Police may conduct the wider
investigation, in some circumstances).
The monitor
Policy
A SCWI must be monitored by a Child, Youth and Family Specialist Child Witness
Interviewer or a police officer trained in interviewing and/or 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, legible interview notes. Attempts should be made to use the child’s
own words in relation to the disclosure or details about the suspect but are not
intended to be a transcript
• 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.
Guidelines
The monitor should:
• have knowledge of the referral information, this may mean sitting in on a parent
interview
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• be alone in the monitor’s room unless other professional support is required due to
the child’s 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.
(See also Breaks, including monitor breaks)
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 SCWI services. This includes:
• trained and skilled 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 SCWI referrals.
In highly complex cases, such as mass allegations, it is important that there is a high
level of consultation and co-ordination between the investigating team and the
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 working as 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.
All Child, Youth and Family and Police interviewers must achieve and maintain
accreditation under the Investigative Interviewing Accreditation Policy.
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Purpose and conduct of the interview
This section contains these topics:
• Purpose of the SCWI
• Interviewing Number and Duration of Interviews
• Structure of interview
• Interviewing tools
• Breaks, including monitor breaks
• Support person
• Interpreters
Purpose of the SCWI
A SCWI usually takes place as a part of the investigation and assessment process. The
SCWI 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 information that a criminal offence has been committed.
The interviewer is responsible for the SCWI and specific tasks relating to the interview.
Child, Youth and Family and Police are responsible for the other tasks relating to the care
and protection of the child.
The primary functions of Child, Youth and Family and Police are to assess the safety and
wellbeing of children, provide care and protection where this is needed, investigate
allegations and hold offenders to account wherever possible.
The CPP provides guidance on the investigation of allegations of sexual abuse, serious
neglect, serious physical abuse or where a child has witness a serious crime.
Interviewing Number and Duration of Interviews
Guidelines
In most cases one video interview will be sufficient. It may be appropriate to conduct
subsequent interviews where:
• the child becomes tired or distressed and is unable or unwilling to complete the
interview
• the child makes an allegation or further allegations late in the interview and is willing
to undertake a further interview
• the child spontaneously reveals further information outside the interview
• the child has special considerations, for example, an interpreter or technical aid to
communicate
• the child gives new information indicating a more serious offence
• the child gives information about a second suspect unconnected with the first
interview
• equipment failure occurs
• other considerations arise following consultation with the investigation team.
Most interviews take 45-75 minutes.
Structure of interview
All SCWI must be conducted in accordance with the Evidence Regulations 2007. The
phases and steps within the SCWI are fully explained and practised within the SCWI
training course that all interviewers attend before conducting interviews.
All SCWI are divided into three phases summarised below — Engage and Explain, the
Account, and the Closure. All three phases are video recorded.
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Stage Description
Engage and
• Cover regulation requirements
Explain
• Ground rules
• Practice narrative using SCWI questioning approaches
Account
• Encourage the child to talk about any offences using a free narrative
approach and SCWI questioning approaches
Closure
• Seek further clarification of details if required
• Sign exhibits
• Explore a neutral topic to ensure the wellbeing of the child
Interviewing tools
Policy
Any piece of equipment in the interview room must be for the purpose of SCWI.
The waiting room must not contain books, leaflets and toys that relate to child abuse /
protection.
Guidelines
Suitable toys and equipment for SCWI include sketch plans, body diagrams, timelines,
non-anatomical dolls, koosh balls, play dough and colouring in.
Care must be taken when using any tool. Research shows that interviewers’ question
types can become more focused when tools are introduced and so caution should always
be used. It has also been demonstrated that while the introduction of tools during the
account phase may elicit further information, the accuracy tends to be lower than for
information elicited spontaneously through the use of invitations, especially with young
children (Brown 20111).
Breaks, including monitor breaks
Policy
In SCWI the interviewer should break the interview and confer with the monitor to check
that all key areas of questioning have been covered. This break should be taken when
the interviewer believes that all topics 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 breaks become disruptive to the child.
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 must state the time, purpose and
expected length of the break. On return to the interview room, they should state the
time. This is required by regulation 9 of the Evidence Regulations 2007.
The child must remain in the view of the camera during the break and the camera will
continue recording. If interpreters or support people remain in the room during the
break, they must not confer with the child — for this reason it is usually preferable that
they leave the room for the duration of the break.
1 Brown, D.A. (2011) The Use of Supplementary Techniques in Forensic Interviews with Children. In M.E. Lamb,
D.J. La Rooy, L.C. Malloy and C. Katz (Eds), Children’s Testimony – A Handbook of Psychological Research and
Forensic Practice, 2nd ed. (pp.217-249). Chichester, England: John Wiley and Sons, Ltd.
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The monitor must supervise the child if they leave the room.
Support person
Allowed by law
The Evidence Regulations 2007 allows for the presence of a support person under
regulation 6.
Policy
The child must 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 and ask them to
sign a confidentiality statement prior to the interview taking place. The support person
must be clearly informed that they cannot participate in any way during the interview
and must be clearly visible throughout the interview (regulation 11).
Interpreters
Allowed by law
The Evidence Regulations 2007 allow for the use of an interpreter under regulation 7.
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 must be verbatim as much as
possible.
The interpreter must be visible on video at all times (regulation 12) 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.
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.
If the child and the family of the child require interpreters, a different interpreter from
the one used in the SCWI should interpret for the family.
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Before the SCWI
This section contains these topics:
• Preparation and planning
• Consultation with the parent and social worker
• Consent
• Pre-interview with the child
Preparation and planning
Thorough preparation and planning are integral to the SCWI. It is essential for the
interviewer to have an interview plan which may or may not be written.
When planning the SCWI the interviewer must consider:
• if the child has any special considerations. 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 and 7)
• what information and support needs to be provided to the child
• whether the referral and background information are clear. The interviewer 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, if one is allocated, and should wait with the parent/support person
during the interview. They should also be available to debrief with the interviewer
following the SCWI.
Consultation with the parent and social worker
Policy
The interviewer must have:
• taken all steps to ensure that relevant information is known before the SCWI. This
should include a meeting or telephone consultation with the child’s social worker if
they will not be present at the SCWI.
• 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 and use of the interview
• obtained informed consent 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 and these notes added to
the investigation file as soon as practicable afterwards. Any issues of contention or
concern should be declared, resolved and recorded.
At the discretion of the interviewer, the monitor may be present at the consultation with
the parent or social worker.
Consent
Where appropriate, consent should be obtained from the child to be interviewed.
Interviews with a child should not proceed if the child is unwilling to be interviewed.
(Use the Consent to Specialist Child Witness Interview form))
Informed consent should also be obtained from the parent or guardian, wherever
practicable and appropriate. It is preferable that this consent is written.
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If parental or guardian consent is refused, the interview may proceed with written
consent from the social worker or their supervisor, provided that the Chief Executive of
the Ministry of Social Development (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,
legal advice should be sought with a view to seeking a warrant under sections 39 or 40
of the CYPFA 1989. Under s40 of the Act, the reasonable beliefs listed under 40(1)(a)
must be specified as the allegation of an offence is not sufficient grounds in itself for the
issue of a warrant.
In some cases a young person may be of sufficient capacity and understanding to
consent to an interview, without the need for parental consent or custody. Extreme
caution must be exercised and prior legal advice must be obtained in these situations.
The use of a warrant may reduce any potential harm to the relationship between the
parent/guardian and the young person and so should be considered, even if the child has
sufficient capacity and understanding to consent.
The matter of consent, and an agreement on the action to be taken if consent cannot be
gained from the parent/guardian should be considered within the CPP joint investigation
plan.
Pre-interview with the child
Policy
Depending on the child’s age and level of maturity, the interviewer or monitor must
endeavour to explain to them about the interview procedure, its recording and use.
Guidelines
Any discussion with the child should be recorded in writing and monitored. It is
preferable that the interviewer explains the procedure to the child to build rapport and
the SCWI monitor records any relevant details or spontaneous disclosures by the child
during this time.
The child may need some time to settle and familiarise themselves with the surroundings
before the interview begins. Depending on the needs of the child this may need to occur
on a different day.
Be honest with the child. Do not make promises that cannot be kept. For example, the
interviewer cannot promise:
• absolute confidentiality
• that 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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After the SCWI
This section contains these topics:
• Debriefing
• SCWI Report
• Role of the interviewer in court
• Transcripts
Debriefing
The role of the interviewer post interview is to provide the parent/support person and
social worker, with appropriate information about what has been said in the interview.
Policy
The interviewer must inform the social worker and Police of the interview outcome.
The interviewer must talk to the parent (wherever possible with the social worker and/or
the O/C Case present) 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.
Note: 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. It may sometimes be
necessary to talk to the social worker alone first.
Record significant points from these debriefings and date, sign and file this record.
These significant points should also be included in the SCWI Report.
Guidelines
With older children it may be appropriate to ask if they want to be present when you are
talking to the parent.
The interviewer and monitor should, where possible, meet to debrief after the interview
for the purpose of evaluation for the investigation and interviewer’s performance
SCWI 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 and will be retained by Police.
The interviewer must complete and send a ‘Summary Report’ to:
• the social worker
• Police in every case where allegations have been made.
The SCWI ‘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.
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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 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,
including:
• preparation of the child
• obtaining the promise
• 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 and their accreditation status.
Guidelines
When presenting evidence in court, preparation is crucial.
The interviewer should go through the transcript thoroughly with another interviewer or
supervisor to identify areas where they are likely to be cross-examined and:
• where possible review the SCWI
• consult with, and seek advice from, a Child, Youth and Family solicitor or Police
prosecutor as required.
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.
Interviewers must not declare themselves as experts and should contact the SCWI
Coordinator/Trainer if a request is made to provide a formal statement confirming
themselves as an expert. If they are confirmed as expert witnesses they must then
agree to comply with Schedule Four of the Judicature (High Court Rules) Amendment Act
2008 - Code of Conduct for Expert Witnesses.
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 be checked against the video record for accuracy. This is done by
the most appropriate person which may be the interviewer or the O/C Case.
If a transcript has been prepared, a copy must be kept on Police files.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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Video recordings
This section contains these topics:
• Security and access to video records
• Video record retention and destruction
Security and access to video records
Legal requirements
Security and access to video records is governed by the Evidence Regulations 2007.
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.
Video record retention and destruction
Legal requirements
Video retention and destruction is guided by Regulations 36 to 48 of the Evidence
Regulations 2007.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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Facilities and equipment
This section contains these topics:
• Recording equipment
• Interview rooms
Recording equipment
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.
Interview rooms
The interview room must have an analogue clock with a second hand, fixed in a position
so that it is visible to the camera [Reg. 8(g)].
Guidelines
Agencies can provide SCWI services by the following means:
• using established interviewing units where staff have been appropriately trained
• designating and training social workers or Police employees as interviewers.
Locations should have sufficient 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).
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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Training and development
This section contains these topics:
• Policy
• Guidelines
• Peer review
• Accreditation
• Professional development opportunities
Policy
All interviewers must have completed the nationally recognised SCWI training course and
be on the SCWI register before undertaking video interviews of a child. For those
trained before 1 July 2012, they must have undertaken additional training in current best
practice techniques in line with the Investigative interviewing accreditation policy. The
accreditation process aims to assist interviewers to maintain best practice techniques
and all interviewers must gain and maintain accreditation after initial training.
Guidelines
Training should be:
• nationally consistent
• conducted by an experienced practitioner
• up-to-date with changing literature and court precedent
• available regularly, for new and existing interviewers.
A component of the training should include observing experienced interviewers.
Foundation training for SCWI must 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:
- 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.
Interviewers have a responsibility 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 legal advice regarding case law as appropriate.
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The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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Interviewers should have opportunities to share knowledge, understanding and practical
experience with each other on these topics. This should include regular attendance at
local and national peer reviews, as well as engagement in other professional
development opportunities.
Peer review
Policy
All interviewers must attend a national peer review course annually. Peer review
includes:
• peer reviewing interviews and providing structured feedback
• sessions with subject matter experts (SME) on a variety of topics
• the opportunity to learn from peers.
Accreditation
All Child, Youth and Family and Police interviewers must gain and maintain accreditation.
The aim of this assessment process is to achieve national consistency and maintain best
practice in SCWI.
Child, Youth and Family and Police interviewers should refer to the Investigative
interviewing accreditation policy for more detail.
Professional development opportunities
A range of professional development opportunities are available to all interviewers and
the responsibility for accessing these lies with the interviewers. Opportunities include:
• Peer reviews
• E-learning
• SCWI newsletter
• Accreditation
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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Supervision
This section contains these topics:
• Policy
• Guidelines
Policy
Child, Youth and Family Site Managers and Police District Commanders (or their
nominees) must ensure that interviewers receive supervision of the following nature:
• regular and frequent clinical supervision from a person with recognised professional
training in clinical work with children and/or:
• 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 through the accreditation process.
Guidelines
It is likely that the components of supervision cannot be carried out by one person and
within one agency. It may be necessary to contract-in some aspects of supervision from
an external supervisor.
Supervision must cover review of video records, reports, court affidavits and processes.
The video record review component of supervision also serves to monitor and
standardise interviewing practice, which is important as this area of work is continually
evolving.
It is expected that supervision will also be accessed through the accreditation process,
peer reviews and the Wellcheck support policy (for Police). Feedback on interviews by a
Crown lawyer and Police are also complements to individual supervision.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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Confidentiality statements and consent forms
Download the Consent to Specialist Child Witness Interview, Interpreter Confidentiality
Statement and Support Person Confidentiality Statement used in Specialist Child Witness
Interviews.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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