Investigation Skills Training Course - One Day

Investigation techniques are important skills for investigations officers.

1. Formal complaints
2. Possible bullying
3. Harassment
4. Disciplinary issues
5. Grievance issues
6. Misconduct

There are five major steps your investigators must master

1. Taking the initial statement of complaint
2. Taking the independent witness statements
3. Interviewing the person who is accused of doing something wrong
4. Recording everything in writing, in a chronological order, ensuring that you omit any inadmissible statements and retain every relevant item of admissible evidence
5. Preparing a file sufficient that the decision-maker(s) can make a proper, informed decision

Investigative questioning is a specialised form of communication

Investigative questioning is a form of conversation that does not follow the normal social conventions, but must still be done with a high degree of professionalism and respect whilst being effective as a tool to get to the truth.

To conduct a professional, respectful and effective interview, this investigation skills training is designed to help your people make the switch in conversational technique.

“The switch” includes learning how to:

1. Get to the truth of the matter
2. Uncover any outright lies - by identifying contradictions and errors in the others account
3. Uncover evasion. Evasion is the art of NOT telling the whole truth, (i.e. missing important bits out); in order to distort the truth without actually lying
4. Distinguish error from malice or laziness
5. Take proper “contemporaneous written notes” so that you can use the information gleaned during the interview

The differences between normal conversation and an investigation interview.

Investigation interview is a special context that requires that you make a conscious shift in your normal conversational method.

Distinguish between answers and responses to your questions

1. Some people RESPOND to questions but don't answer them
2. The questioner must notice when his-her question has not been answered

Distinguish between

1. First hand evidence- admissible
2. Second hand evidence- hearsay evidence - non admissible

Best Evidence Rule

The best evidence rule is a legal principle that holds an original document is superior evidence than any copy. The rule specifies that a copy cannot be used if the original exists.

The implication is to: Keep safe all your original documents and evidence safe.

Major Communication Skill 1: Facts v Opinions

You need to distinguish between two kinds of statement:
Objective facts and Subjective opinions:

• Objective facts - the evidence provided by the five senses
• Subjective opinions - personal interpretation of facts
• Practice exercises and feedback from trainer

Major Communication Skill 2: Specific and Vague

You need to distinguish between two kinds of statement:
Specific and vague.

• Specific statements denote only one possible interpretation
• Vague statements denote multiple possible interpretations
• Practice exercises and feedback from trainer

Your skill as an investigator is to take their vague statements and by questioning, reduce it down to a specific statement

Major communication skill 3: Truth, Error, Lies and Evasion

Identifying four types of response to a question:

1. Truth – The statement corresponds to the facts and is self-consistent
2. Error – The statement is NOT TRUE but is believed to be true by the speaker. The speaker is in error
3. Lie – The statement is NOT TRUE, and the speaker knows that it is not true. It is a lie
4. Evasion – The statement does not answer the original question. The speaker is not actually lying but is evading the truth by not giving full answers. He-she keeps “ducking the question”

Warning: Evasions are more common than lies. Because lies contradict reality, they are more dangerous to a dishonest speaker. If a person has done something wrong, he-she will be more likely to EVADE the question rather than LIE, because NOT answering a question is safer than lying.

Ways people use to EVADE questions:

• Forcibly challenge the questioner. (The Donald Trump Technique)
• Change the subject. (The Tony Blair technique)
• Give the answer to a different question. (Another Tony Blair technique)
• Have an emotional outburst, (usually an outburst of anger or tears)

Practice exercises and feedback from trainer.

Probing questions techniques

1. Key questioning skills
   How to ask probing questions
2. Getting to the facts, not opinions or guesses
   Separate facts from opinions, interpretations and guesswork
3. Notice when a person says one thing, then later contradicts the statement
   Contradictions should be noted and investigated
4. Gaps in the narrative
   Find out what bits they have failed to mention
5. Take things in chronological order (time order)
   Structure their statements into a time-line

• Practice exercises and feedback from trainer

Methods of recording interviews

Taking contemporaneous notes.
Taking hand written notes: Accurate, complete and legible.
The art of asking questions and taking notes at the same time.
The rules on recording.

Summary, personal action planning and close