Investigative Interviewing

 Complex investigations in the workplace often requires the interview of different categories of witnesses. This could be, for example, children or young people, those with certain disabilities, those who are reluctant, hostile or intimidated, or someone accused to acted in a manner attracting criminal or civil liability. 

Often, matters subject to investigation are serious and sensitive. Now, the standards required for victim and witness interviewing, as set out in Achieving Best Evidence Guidance [2022] and the standards of professional competence set by the College of Policing for specialist interviewers in criminal investigations is available to the private sector and those engaged in litigation.

Carmar Consultants hold a cadre of highly experienced investigative interviewers and interview trainers who can be used to secure and preserve evidence by means of video interview in both private [criminal] prosecutions and civil litigation.

The importance of an investigative interviewing cannot be overstated. In Re K (children) [2019] EWCA 184, the ABE interview was described as ‘shambolic’ and the entire investigation defective.

We are able to take instructions for interview from:

• Private clients
• Solicitors
• Police
• Local Authority
• Social Services

All interviews are planned, documented and retained compliant with the Criminal Procedures Investigation Act 1996.  In addition to video recorded interviews, we are able to produce significant witness statements and tape transcripts.

This services is provided by our cadre of experienced, occupationally and operationally competant police interview trainers.    

The ACAS guide on conducting workplace investigations provides best practices for handling investigations fairly, consistently, and effectively. Here are the key principles our senior police investigators and lawyers follow:

1. Understanding Workplace Investigations

• Investigations      are conducted to establish facts when an issue arises (e.g., misconduct,      grievances, or disciplinary matters).
• They  should be impartial, fair, and follow company policies.

2. Appointing an Investigator

• The  investigator should be unbiased and have no personal involvement in the      issue.
• They must have the necessary skills and authority to carry out the process.

3. Planning the Investigation

• Define the issue and scope of the investigation.
• Identify what evidence is needed (documents, witness statements, etc.).
• Create a timeline to ensure a prompt and thorough process.

4. Gathering Evidence

• Collect relevant documents, emails, CCTV footage, and other records.
• Conduct witness interviews fairly, ensuring confidentiality.
• Take accurate and signed notes from all interviews.

5. Writing the Investigation Report

• Summarise findings objectively, avoiding personal opinions.
• Highlight key evidence, inconsistencies, and credibility of sources.
• Conclude whether there is enough evidence for further action (e.g., disciplinary      hearing).

6. Concluding the Investigation

• The  employer decides on the next steps based on the report.
• Outcomes should align with workplace policies and employment laws.
• The employee should be informed of the decision and given the chance to      respond.

7. Ensuring Fairness and Confidentiality

• Investigations must be conducted confidentially to protect all parties involved.
• Employers should avoid assumptions and focus on facts.
• Employees have the right to representation (e.g., a colleague or trade union rep).

The ACAS guide emphasises fairness, transparency, and compliance with employment law to ensure a just workplace investigation process.