Modifying the Cognitive Interview for suspect interviews Amina Memon

Aims n Contemporary approaches to investigative interviewing n Identifying the best approach for your interviewee (witness/suspect) n The reluctant suspect/witness n A structure for training and systematic evaluation

What have we got? n The Cognitive Interview (CI) - national level to police (since about 1990)-extensive scientific literature. n The Conversation management (CM) approach (Shepherd 1983)- 1 empirical study. n PRICE model

Developments in Investigative interviewing Modifications to the Cognitive Interview

Modified CI n Rapport & Transfer of Control n Mental reinstatement of context or a sketch plan* n Report in Detail n Free recall followed by open questions n Replace the change order instruction with an additional retrieval (free recall). *Dando et al 2008

Modified CI is most popular in research and practice based on 55 studies; Memon et al. 2008)

Using Modified CI with Strategic Use of Evidence (Granhag) n Planning n Rapport n Context/Sketch and report everything with free recall n Probe by addressing the evidence but do not let on (exhaust alternatives) n Confirm/Challenge* * But note Dando & Bulls: tactical approach

Application: Deception Detection n Statement evidence inconsistency Get detail and rule out alternative accounts before disclosing evidence Get detail and rule out alternative accounts before disclosing evidence n Use of sketch plan (Hartwig, Granhag et al 2005; Vrij, Granhag, et al 2008)

The interviewee n There are many different kinds of witness/suspect

Consider for each Interviewee (Witness or suspect) Ability to tell UnableAble Source: Mark Robinson: Kent Police

Consider for each Interviewee (Witness or suspect) Willingness to tell Unwilling Willing

Consider for each Interviewee (Witness or suspect) UnableAble Unwilling Willing Willing and able Unwilling but able Unwilling and unable Willing but unable Model developed by Kent Police

Consider for each Interviewee (Witness or suspect) Unable Able Unwilling Willing Modified CI (PRICE) With SUE Problem! Could be a vulnerable individual: Wants to please False Confession Modified CI with SUE Use elements of CM? Adapted: Kent Police

The unwilling witness n Due to trauma, fear, hostility, uncertainty? n Too many investigators skip the rapport phase because they are not collecting evidence at this point. n Rapport provides a chance for the investigator to directly address the witnesss reluctance to talk, the motivational barrier. n Effective rapport allows the rest of the CI to be implemented. (Fisher, 2009)

The current situation Developments in training

Clarke & Milne (2001) far more leading questions asked, most interviewers didnt allow the witness to tell their account and the interviews were mainly police led n Interviewing was poor n Limited use of CI n Closed questioning style n Interviewer driven and confirmatory

ACPO (2003) interviewing strategy n The new ACPO Strategy introduced 5 separate Tiers of Training for PEACE (and CI) each of which is set against National Occupational Standards. n Each tier has a training implication. n Each tier recommends that competencies MUST be met at each level for progression to the next level.

To date No evaluation of PRICE

Having considered the transcript of the interview, we are driven to the conclusion that some of the questions put by the interviewing police officer can only be described as outrageous Lord Hamiltons comments during Luke Mitchells appeal against the murder of Jody Jones

Good Practice Peebles vs HMA The DC leading the enquiry identified special needs and appointed appropriate adult

Proposal for Scottish Police n Use the modified CI (rapport building) to improve information gathering in interviews where witnesses have information but may be reluctant to disclose n Use evidence strategically within the PRICE model

Proposal for Scottish Police n Develop a structure for training and monitoring/assessment of training at different levels

For details of my recent research go to: Acknowledgements European Union Framework 6 Grant

CM n Reciprocity: if someone smiles, you smile back, show you are aware of how witness feels) n Response: Mindful behaviours for relationship building. n Managing the interview: the relationship with the interviewee, the conduct of persons present and content. Planning is key to identify topics to be covered and areas of questioning within each topic.

Interviewing models PRICE n Preparation n Rapport n Information n Confirmation n Evaluation PEACE n Preparation n Explain & Engage n Account n Closure & Evaluation

Application n Witnesses in sexual offence investigations -Welfare is paramount -Addressing needs and fears -Explain purpose and transfer control -Report Everything (open questions). -Be flexible, return to rapport building any time the witness feels uncomfortable.