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

2. 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

3. 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.

4. 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.

5. 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.

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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.

13. Questions? enquiries@investigativeinterviewing.co.uk