Assisting evidential presentation using sketch plans Kerry Marlow and Martyn Hilbourne 2010

Background Legal perspective ‘According to Section 16(5) of the Youth Justice and Criminal Evidence Act 1999, ‘quality’ means quality in terms of completeness, coherence and accuracy.’ Completeness is in dealing with chronological story for the court Coherence –can the person be understood in what they are explaining Accuracy –Does it reflect the scene and can it be understood by an independent observer

Background Procedural guidance The use of sketch plans in the free narrative stage may be helpful. The interviewee could be asked to draw the layout of the event and describe who was where, etc. This will help the interviewee reinstate the context and could be a useful tool for the questioning phase of the interview to help focus the interviewee and structure topic selection. In addition, this is a useful investigative tool in ensuring that the R v Turnbull and Camelo rules are comprehensively covered. (Achieving Best Evidence 2007) There is no prescribed guidance on the production and interpretation of sketch plans.

Research These drawings can assist memory recall of information and have ‘enormous investigative and evidential value’ (Heaton- Armstrong et al, 2006). Children's narratives about their drawings, combined with spontaneous narratives while they are drawing have been associated with increases in children’s recall performance (Everson and Boat 2002) Anecdotal evidence from officers presenting sketch plans for major crimes at court revealed difficulty in interpretation for the court. Difficulty of understanding the action detail of persons within the sketch plan because of a lack a key and structure within the sketch plan. In 2002 the first author presented 23 pictures drawn by a 11 year old rape victim of the sequence of the event in particular the action detail.

Research Heaton- Armstrong et al (2006) identified three types of ‘commentary’ which witnesses typically would employ when describing the drawing. Asides e.g. ‘I was panicking and trying to keep my eyes shut at this point…’ Observations about the process of describing e.g. ‘I’m not too clear about this…’ Focus of attention e.g. ‘this was in bright light…’ We’ve identified these issues as going to the heart of evidential testimony.

Assisting witness presentation Obtain an initial free narrative Use a prescriptive key when asking the witness to draw the sketch Investigative important questions The process Evidential storyline for the court which focuses on action detail and motive or reason/ the sketch plan assists in presenting a pictorial and narrative representation for the court/ some of the IIQ are evidential ( descriptive detail and R v Turnbull) and some are significant for gathering information for the investigation

Key to Drawing Instruct witness to use all of the piece of paper Buildings vehicle Other objects Direction of travel (use different colour pens) BV Best View CV Closest view People Person(s) to be identified using witness abbreviation

Technical issues we will talk about later Evidential issues and interpretation to support the witness evidence and to explain IIQ Observation about process which is evidentially important Focus of attention – providing detail about the action of the person and includes the issues of asides “Couldn’t see if he took it off the seat or the floor” - supported by sketch plan interpretation Labelling - Best view Focus retrieval – using SP “Exactly what you could see him doing” Action detail Pen down – Focus Free narrative Think ? Opened with left hand Action detail – followed by descriptive detail Couldn’t see if he took it from seat or floor asides Still questions to asked and areas for clarification at later stage IIQ’s Confirmed by SP from position of witness Technical issues we will talk about later

Post play- Don’t forget to press next slide NOT hand in black area In the next two clips - Interviewee is Lee 19yrs and has a mild learning disability Scenario - small drugs exchange in a car park Clip Already been given key Different coloured pens as there are two people in scene Post Clip Labelling - Mark with X Focus retrieval using SP - Action detail – Take me through his movements Post play- Don’t forget to press next slide NOT hand in black area

Don’t forget to press next slide NOT hand in black area Post play Don’t forget to press next slide NOT hand in black area

Witness Perspectives N=38 age range 16 to 60 years 26 12 38 28 10 19 Very useful useful Did you find it helpful that the interviewer asked you to draw a sketch plan 26 12 Did you find it helpful that the interviewer explained how to construct the sketch plan? 38 Overall do you think that using a sketch plan assisted you in remembering what had occurred? Do you think that drawing a sketch plan would assist you in court to explain what had happened? 28 10 Did the interviewer work with your sketch plan to explain what had happened 19

Presentation of the evidence Evidential presentation Practical issues Technical considerations In considering presentation the following two issues must be covered in the planning stage. Practical issues includes explaining the system and in the event that the witness is not narrating to revisit what they have drawn for explanation Technical issues include self focussing cameras are problematic and sound issues because the witness focus on the drawing and talk at the drawing and become quieter.

Questions? enquiries@investigativeinterviewing.co.uk Martyn.hilbourne@south-wales.pnn.police.uk