Interviewing Children Facilitated interviews Police Superintendent Malin Morin Nymoen– Sex Crime Squad/Oslo/Norway

Interviewing children

Facilitated interviews – which cases Sex crimes Genital mutilation Murder Serious injury Domestic violence Trafficking Robbery Less serious injury

Development in facilitated interviews Oslo

Facilitated interviews – where Children's House since 2009 in Oslo Since October 2015 – a legal requirement Until 2009 – at the Police Station

Facilitated interviews – previous location Police Station

Facilitated Interviews – current location Children's House

Facilitated interviews– who Police Academy: 3 years since 1996 Only certified personnel (approx. 20 in Oslo) A senior police officer with special education from the Police Academy Level 1 Primary education- DCM Ages 6 – 16/18 One-year education 4 weeks at the Police Academy Practical work under guidance Exams Level 2 - Sequential interviews Ages 2/3 – 6 and mentally challenged individuals 2 weeks at the Police Academy Practical work Secondment at centres for mentally challenges

Facilitated interviews – lead by A police lawyer has the overall responsibility for the interview Ensure: Substitute guardian Counsel for the agreed party Defence lawyer That the interviewee will be accompanied by a suitable person That meetings according to the law is held (before and after) Decide who can participate Log events related to the interview Make a decision about what to write down from the interview Full dialog Minutes with some dialog (important extracts) Decide whether or not to charge the suspect after the interview Interviews of children used to be lead by a judge – now police lawyer. The police lawyer must lead the interview objectively. Norway is a civil law country – criminal investigation and proceedings are not a parts process. In 2013 the legislator decided to codify the prosecution authorities' duty to objectivity, new section 55.

Facilitated interviews - the police lawyer's main responsibilities: Secure the evidence value of the interview Make sure that the suspect’s rights are secured Protect the witness and make sure that they are given their rights according to the law

Interviewing children – defense lawyer A defence lawyer is normally not present during the first interview Makes it easier to report to the police Protect the suspect from groundless suspicion To protect the offended in cases where he/she is living together with the suspect Domestic violence Incest If someone is charged after the first interview The person who is charged will immediately be informed Get to see the first interview Can ask for a second interview (within 1 week) where the defence lawyer will be present Supplementary interview contradiction Questions must be supplied as part of the request

Facilitated interviews– participants Police lawyer Counsel for the agreed party Substitute guardian Interviewer Investigator Advisor/psychologist from Children’s House Technician Representatives from Child Welfare Services (if necessary) (Defence lawyer)

Facilitated interviews - prepartations The interviewer calls the person who will accompany the interviewee a few days prior to the interview Give information about the interview, the Children's House, the interviewer, agenda, etc. Get some information about the interviewee - interests, cognitive development, language skills etc. The child is informed in the evening, the day before the interview is held Informed by the person who will accompany the interviewee (who is instructed by the interviewer) “You are going to the Children's House tomorrow, to talk with Malin about what happened…” The interviewer does not meet or talk to the interviewee prior to the interview Just before the interview starts, we have a meeting with the other participants (to discuss the case) The interviewer meets the interviewee and the accompanying person, and show them the facilities and how it works before the interview starts

Facilitated interviews – formalities The interviewee should be informed who is present and that the interview is recorded The interviewee is informed about the case and why we would like to do an interview The interviewee is encouraged to tell the truth Take them seriously Control over the situation Commitments The information provided depends on the age and capabilities of the interviewee

Facilitated interviews – Dialogical Communication Method (DCM) The interview comprises 7 phases Preparations Building trust ( Waiting room) Formalities ( Interrogation room) Case/theme introduction Narrative interview- free explanation Probing – theme by theme, and confrontations if necessary Finalization 28.04.2019 • Side 15

Facilitated interviews – key elements Establish trust Open ended questions Patience Active listening Follow up on the child’s statements More detailed questions when needed If necessary we confront the child in the end (if we don’t ask, we won’t know…)

Facilitated interviews- Promotional communication Direct, clearly, informativ, interested The childs language, reduce the balance of power Significant informant Be courious Opend ending questions Meta communication Tell, describe, explain Expand the story

Facilitated interviews- Inhibitory communication Closed ended questions Leading questions Several questions Adult language Questioning style/ interrogations Overhearing Sudden change of theme Doubt/ pressure

Interviewing children - Age table

Interviewing children – video recording played in court The purpose: Avoid children having to meet in court, unless they want to To comply with the principle of hearing both sides, the defence can request a complementary interview prior to the trial In court: The recording from the interview is normally played prior to the defendant's statement The judge and the parties has the full transcript from the interview, and the prosecutor can confront the defendant using details from the statement Slippe å møte gjerningspersoner (nære relasjoner) Flere år før saken kommer opp – barnet husker ikke like godt

Interviewing children - what to expect Everything…

Interviewing children - what to expect …or nothing!

Drawing by 8-year old interviewee

Drawing by 8-year old interviewee(2)

Interviewing children - credibility The 8-year old who made these drawings was found credible by the court, and the offender was convicted. A key objective for recent developments in Norway has been to improve the children’s credibility. Recent developments include: Improved education of interviewers Improved facilities for interviews and medical examinations Continuous improvements to the methodology New law - October 2015

Interviewing children – cooperation with Children's House Better prepared and more focused interviews The interviewer can focus at the interview - not the practicalities Short term: the child is cared for by professionals after the interview More detailed statements Strengthens the child's credibility Long term: the child’s welfare is taken care of by professionals Sharing of knowledge Ex. workshops Creating a positive experience for the interviewee

Care and Justice 28.04.2019 • Side 27