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.’

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)

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)

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…’

Assisting witness presentation  Obtain an initial free narrative  Use a prescriptive key when asking the witness to draw the sketch  Investigative important questions

Key to Drawing Buildings vehicle Other objects Direction of travel (use different colour pens) BVBest View CVClosest view PeoplePerson(s) to be identified using witness abbreviation Instruct witness to use all of the piece of paper

Witness Perspectives N=38 age range 16 to 60 years Very usefuluseful Did you find it helpful that the interviewer asked you to draw a sketch plan 2612 Did you find it helpful that the interviewer explained how to construct the sketch plan? 38 0 Overall do you think that using a sketch plan assisted you in remembering what had occurred? 2612 Do you think that drawing a sketch plan would assist you in court to explain what had happened? 2810 Did the interviewer work with your sketch plan to explain what had happened 19

Presentation of the evidence  Evidential presentation  Practical issues  Technical considerations

Questions?