Upping our game the way forward for investigative

interviewing

Upping our game the way forward for investigative

interviewing

Dr. Becky MilneDr. Becky Milne

Centre of Forensic InterviewingUniversity of Portsmouth

What is an investigator’s job: reactive investigation?What is an investigator’s job: reactive investigation?

Two Primary investigative questions:Two Primary investigative questions:

What happened? If anything did happen?What happened? If anything did happen?

Who committed the offence?Who committed the offence?

Milne and Bull (2006)Milne and Bull (2006)

How do investigators answer these two primary investigative questions?

How do investigators answer these two primary investigative questions?

Gather information from a number of Gather information from a number of sources (Kebbell & Milne, 1998)sources (Kebbell & Milne, 1998)

PeoplePeople Interview is pivotal – wide definitionInterview is pivotal – wide definition Performance measure: quality and quantity Performance measure: quality and quantity

of information - contaminationof information - contamination Interviewer behaviourInterviewer behaviour

Importance of interviewing: suspectsImportance of interviewing: suspects

Miscarriages of Justice (Cardiff 3 etc).Miscarriages of Justice (Cardiff 3 etc). Central to acquittal - police interview with Central to acquittal - police interview with

suspectssuspects McGurk et al (1994) - most frequent taskMcGurk et al (1994) - most frequent task Milne and Bull (1999) - most important jobMilne and Bull (1999) - most important job Limited guidance to do this ethicallyLimited guidance to do this ethically PACE and PEACE developedPACE and PEACE developed Minimal training around the globeMinimal training around the globe

Aim of PEACEAim of PEACE

““Course aimed to ensure that the basic Course aimed to ensure that the basic interviewing skills necessary to apply interviewing skills necessary to apply the model were developed for the the model were developed for the interviewing of all interviewees interviewing of all interviewees (witnesses, victims and suspects) with (witnesses, victims and suspects) with integrity and in accordance with the integrity and in accordance with the law.law. Shaw (1996)Shaw (1996)

Did PEACE work? – suspectsClarke and Milne (2002)

Did PEACE work? – suspectsClarke and Milne (2002)

P&P: P&P: average skill levelaverage skill level Engage & Explain:Engage & Explain:

Good:Good: conform to legal requirementsconform to legal requirements Poor:Poor: check understanding of cautioncheck understanding of caution

interview process and purposeinterview process and purpose

rapportrapport

Account: average skill levelAccount: average skill level Good:Good: self-confident and communication skillsself-confident and communication skills

relevant topics and questioningrelevant topics and questioning Poor:Poor: Summaries, links and challengesSummaries, links and challenges

Closure: poor skills levelClosure: poor skills level

PACE (1984): Sections 76 or 7810% (17) breaches

PACE (1984): Sections 76 or 7810% (17) breaches

5 oppression5 oppression Undue pressure and bullyingUndue pressure and bullying Continual challengeContinual challenge

3 mental health issues 3 mental health issues 7 legal requirements7 legal requirements

Failure to cautionFailure to caution Explanations missing concerning legal adviceExplanations missing concerning legal advice

2 other2 other Background noiseBackground noise Overuse leading questionsOveruse leading questions

PEACE and counter-fraudPEACE and counter-fraud Formally adopted for public sector fraud Formally adopted for public sector fraud

investigations in 1990sinvestigations in 1990s Walsh & Milne (2006) – DWPWalsh & Milne (2006) – DWP

99 interviews benefit fraud suspect interviews99 interviews benefit fraud suspect interviews Good use of open questions- facilitated info from Good use of open questions- facilitated info from

suspectsuspect Legal and ethicalLegal and ethical Poor rapportPoor rapport Poor planningPoor planning Not covering points to prove sufficientlyNot covering points to prove sufficiently Lack summariesLack summaries Reasons for committing offenceReasons for committing offence

Shawyer & Milne (2009)Shawyer & Milne (2009)

Questionnaire and examined actual interviewsQuestionnaire and examined actual interviews DWP and police fraud interviews/ersDWP and police fraud interviews/ers AdvantagesAdvantages

‘…‘…it focuses the mind on the interview with crib it focuses the mind on the interview with crib notes. It helps on the format and flow of notes. It helps on the format and flow of questions…’questions…’ (DWP) (DWP)

DisadvantagesDisadvantages

‘…‘…PEACE in (some) cases is often a PEACE in (some) cases is often a “sledgehammer to crack a nut”…’ (DWP)“sledgehammer to crack a nut”…’ (DWP)

Performance in interviewsPerformance in interviews

Planning and prep. – good performancePlanning and prep. – good performance Rapport – poorRapport – poor Checked caution understanding appropriateChecked caution understanding appropriate Use of questions poorUse of questions poor

Few open questionsFew open questions Majority appropriate closedMajority appropriate closed Some leadingSome leading

Closure adequateClosure adequate

Walsh & Milne (2007)Walsh & Milne (2007)

Questionnaire to investigators and managers Questionnaire to investigators and managers – views– views General supportGeneral support Is it effective?Is it effective?

TimeTime Inflexibility of the modelInflexibility of the model

Supervisory framework to ensure standardsSupervisory framework to ensure standards

The importance of witnesses/victimsThe importance of witnesses/victims

Sanders (1986) - central and most important Sanders (1986) - central and most important feature of criminal investigationsfeature of criminal investigations

Kebbell and Milne (1998) - central leadsKebbell and Milne (1998) - central leads Milne and Bull (1999) - cornerstone of Milne and Bull (1999) - cornerstone of

investigationinvestigation often no other forensically relevant info.often no other forensically relevant info. Planning and preparation prior to suspect Planning and preparation prior to suspect

interviewinterview outlines areas to prove an offenceoutlines areas to prove an offence determines possible offendersdetermines possible offenders

Clarke & Milne (2002)

“far more leading questions asked, most interviewers didn’t allow the witness to tell

their account and the interviews were mainly police led”

Clarke & Milne (2002)

“far more leading questions asked, most interviewers didn’t allow the witness to tell

their account and the interviews were mainly police led”

Interviewing was poorInterviewing was poor

Limited use CI or CMLimited use CI or CM

Closed questioning styleClosed questioning style

Interviewer driven and confirmatoryInterviewer driven and confirmatory

ACPO Five TiersACPO Five Tiers

Tier 1:Tier 1: Probationer and police staffProbationer and police staff

Tier 2: Tier 2: Uniform investigators & detectivesUniform investigators & detectives

Tier 3: Tier 3: Specialist InterviewersSpecialist Interviewers

Tier 4:Tier 4: Interview manager (supervision)/PIPInterview manager (supervision)/PIP

Tier 5:Tier 5: Specialist interview management Specialist interview management and co-ordinationand co-ordination

Do the Tiers work?: SuspectsGriffiths and Milne (2005)Do the Tiers work?: SuspectsGriffiths and Milne (2005)

Study one – Does advanced interviewing Study one – Does advanced interviewing work?work?

49 AIs examined – assessment49 AIs examined – assessment

Pre and post training examination – simulationsPre and post training examination – simulations

Improvements across all skill areasImprovements across all skill areas

Pre-Pre- trainingtraining Post-Post- trainingtraining

MeanMean SDSD MeanMean SDSD

OverallOverall 3.183.18 0.310.31 4.19*4.19* 0.350.35

E&EE&E 2.682.68 0.530.53 4.15*4.15* 0.350.35Legal BehLegal Beh 3.953.95 0.460.46 4.54*4.54* 0.300.30Rapport BehsRapport Behs 1.961.96 0.750.75 3.96*3.96* 0.420.42

AccountAccount 2.832.83 0.500.50 4.08*4.08* 0.480.48TopicsTopics 2.962.96 0.540.54 4.02*4.02* 0.610.61SummarisingSummarising 2.332.33 0.770.77 3.90*3.90* 0.780.78

Do the Tiers work?: SuspectsGriffiths and Milne (2005)Do the Tiers work?: SuspectsGriffiths and Milne (2005)

Study two – Study two – Do skills transfer to real life? Do skills transfer to real life?

Do the skills stay over time?Do the skills stay over time?

End of course baseline vs real life within 6 months End of course baseline vs real life within 6 months (mean 3 months) vs real life 10 months plus (mean 19 (mean 3 months) vs real life 10 months plus (mean 19 months)months)

27 AIs = 81 interviews27 AIs = 81 interviews Transference immediately into the workplaceTransference immediately into the workplace Skill erosion seen over timeSkill erosion seen over time

Post-trainingPost-training Real-life Real-life Time 1Time 1

Real-lifeReal-life

Time 2Time 2

Mean (SD)Mean (SD) Mean (SD)Mean (SD) Mean (SD)Mean (SD)

E&EE&E 4.12 (0.34)4.12 (0.34) 4.08 (0.35)4.08 (0.35) 3.81 (0.52)*3.81 (0.52)*

Legal BehLegal Beh 4.54 (0.31)4.54 (0.31) 4.58 (0.25)4.58 (0.25) 4.50 (0.29)4.50 (0.29)

Rapport BehsRapport Behs 3.91 (0.41)3.91 (0.41) 3.73 (0.51)3.73 (0.51) 3.45 (0.80)*3.45 (0.80)*

AccountAccount 3.94 (0.76)3.94 (0.76) 3.81 (0.76)3.81 (0.76) 3.55 (0.80)*3.55 (0.80)*TopicsTopics 3.91 (0.72)3.91 (0.72) 3.88 (0.93)3.88 (0.93) 3.74 (0.84)3.74 (0.84)SummarisingSummarising 3.68 (0.66)3.68 (0.66) 3.40 (0.98)3.40 (0.98) 2.89 (1.23)*2.89 (1.23)*

Conclusions: the futureConclusions: the future

Front-line interviews: Front-line interviews:

Dando, Wilcock, Milne & Henry (2010): quick and not complexDando, Wilcock, Milne & Henry (2010): quick and not complex

Telephone exchange – call handlingTelephone exchange – call handling

TechnologyTechnology

Counter-fraud specific interview model?Counter-fraud specific interview model?

Detecting deceitDetecting deceit

Using the ECI – reverse order recall (Vrij, Mann, Fisher, Leal, Using the ECI – reverse order recall (Vrij, Mann, Fisher, Leal,

Milne & Bull, 2008)Milne & Bull, 2008)