Interviewing as an

investigation tool

James Allen
Office of Fair Trading
What it is

● Conversation with a purpose

● Means of gathering evidence and obtaining
information

● Obtain accurate, relevant and complete

information from a suspect, victim,
complainant, informant or witness

● Impart information to interviewee

Why we do it

● Testimonial evidence can be crucial

● People can explain why things happened;
documents cannot

● Determines facts on which later decisions

are taken

● Good investigations demand good

interviews
Principles of investigative
interviewing
● Purpose is to obtain accurate and reliable
information

● Approach the interview with an open mind

● Investigator must act fairly
● Investigator not bound to accept first
answer
Principles of investigative interviewing (2)

● Refusal to reply does not mean we cannot

ask questions

● Interviewers are not constrained by rules

applied to lawyers in court

● Treat the vulnerable with consideration

Interview types/techniques
● Ethical/unethical
● Cognitive
● Enhanced cognitive
● Free recall
● Conversation management
● PEACE
Interview types/techniques (2)

● Forensic hypnosis
● Polygraph
● Statement analysis
● Rationalising, projecting, minimising
PEACE model of interviewing

● Provides a framework suitable for all

interviews
- Planning and preparation
- Engage and explain
- Account clarification and challenge
- Closure
- Evaluation
A diagrammatic representation

P E A C E
Planning and preparation
● Investigate, then interview
● Use a written plan
● How might the interview contribute to the
investigation

● Background information
● Legal requirements
Planning and preparation (2)

● Points to prove
● Disclosure of evidence
● Practical arrangements
Engage and explain
● Manage first impressions – courtesy

● Treat interviewee as an individual – what needs

does he have

● Explain reason for interview

● Explain procedure for interview – ground rules

● Explain you want his account in full, in his own

words, without fabrication

● Explain rights if appropriate

Account clarification and challenge

● Obtain an uninterrupted account

● Encourage attempts to recall
● Expand and clarify the account
● Summarise as you go along
● Challenge inconsistencies
● Explore reasons for inconsistencies
Closure
● Have you covered all that you set out to?

● Review and summarise the account – do we

all understand it?

● May be necessary to return to “account”

phase

● Has the interviewee given all the information

he is able or willing to provide?

● Does he have any questions?

Closure (2)

● Explain what happens next

● Explain future contact arrangements
● Interviewee should feel he was treated
with respect
Evaluation
● Did you achieve your aims and objectives for the
interview?

● Re-evaluate the investigation in the light of the

interview: do we have new information? Is it
consistent with existing evidence? Are there
conflicts to resolve? Do we need to make further
enquiries?

● How well did you do the interview: what was

good? What could have been better? Do you have
areas for development?
Interview techniques
● Be approachable – establish a rapport
● Be interested in the interviewee
● Listen actively
● Let the interviewee speak
● Let the interview flow coherently
● Prefer to use open questions
Interview techniques (2)

● Monitor progress – take notes

● Dress and behave appropriately
● Use appropriate vocabulary
● Retain control
Other factors to consider
● Behavioural symptoms analysis (BSA)/body
language/non-verbal communication

● Eye access codes (EAC)/channel eye movements

● Interviewee’s use of language

● Interpreters

● Room layout

● Do we use the right interviewers?

BSA
● Theory that communication is approx 55% non-
verbal, 38% vocal, 7% oral

● Unconscious mechanisms

● May indicate deception in an interviewee and

areas of stress for further probing

● BUT

● There are individual and cultural differences; no

agreement on typical non-verbal behaviour; may
be of more use in seeking intelligence rather than
evidence
EAC

● Theory that eye movement indicates how

the interviewee is accessing the
information to construct an answer

● Pattern applies worldwide

● Other than with Basques
● BUT
● Reservations as before
Use of language
● Interviewee’s language changes:
- Inappropriate humour
- Swearing
- Promising
- Vagueness
- Involves interviewer in story
- May all indicate deception or stress
● BUT reservations as before
Interpreters
● Make sure they are right for the job

● Brief them on case/vocabulary

● Require direct interpretation

● Use short simple sentences

● No independent discussion

● Maintain control and rapport

● Address yourself to the subject

Room layout

● Ideally, it is your stage

● Up to you to arrange seating and furniture
to achieve the effect you want

● Generally considered best for rapport to

minimise or remove barriers
The right people

● Evidence that some may have greater

aptitude than others

● Training is essential
● Regular practice very important
● May be more productive to make more use
of better interviewers