Attachment 1E
EDMONTON POLICE SERVICE BUDGET IMPACT
WITNESS MANAGEMENT (pertaining to Homicide Section)
Description of Service:
Witness Management – Generally refers to one of two scenarios; pre-trial or trial settings.
1. Pre-trial - Police are required to maintain and update witness information to facilitate subpoena service, to assist witnesses to refresh their memory by viewing statements or videotaped interviews, etc. In many cases, the lack of other contact persons means that police must coddle serving prisoners, reluctant or less-than-stable witnesses to ensure that the Crown has a prosecutable case.
2. Trial – The Crown expects in complex investigations that police investigators will manage witnesses on behalf of the Crown during trials (scheduling, canceling, calling and re-scheduling witnesses). The Crown expects that police will travel to other provinces to locate and accompany reluctant witnesses to trial. Local witnesses may require transportation and the Crown often turns to police to ensure key witnesses make it to court.
Why does the EPS provide this service ? (legislated, policy, tradition):
Tradition.
Resource implications: (Staffing, level of activity, etc.)
Most investigators involved in major crimes investigations, or in complex investigations involving numerous witnesses, will be called on to help manage witnesses. The more serious or complex an investigation, the greater the demand.
To date, the EPS has not captured information relating to witness management. Homicide Section is the first in Major Crimes Division to attempt to do so using a weekly summary of activities. This form is only now being introduced and results should be available in early January 2003.
Of note, one Homicide investigator is currently committing approximately 20-30 hours per week in managing witnesses during a complex 5-week trial. Approximately 240 witnesses have been called to give evidence and witness issues are demanding.
Changes over the past five years and/or expected in the near future (next two years):
There is a lack concrete information to substantiate the growing witness demands. Anecdotally, there is tremendous evidence to support a growing reliance by the Crown on the Police. Additionally, police investigations more commonly involve increased gang activity, violence and use of weapons. Witnesses appearing in these matters have had increased levels of fear and apprehension. That often requires greater witness management time and skills.
Chief Crown Rosborough is now reviewing whether the Crown will hire two-paralegal staff to tend to witness management issues. While this is expected to reduce the draw on EPS resources, it will not eliminate the involvement of police in witness management. The Crown’s proposed witness management unit might relieve Homicide Section investigators of 30% of witness management issues.
Financial Implications (2002 budget)
Witness management implications must include pre-trial meetings with the Crown to discuss courtroom management of witnesses, actual travel to meet witnesses, time spent dealing with witnesses, assisting the Crown to schedule & brief witnesses, etc.
ISB Tracking File 2914 deals at length with witness management (a portion is attached hereto). Based solely on anecdotal feedback, I estimated that Homicide Section alone would spend 5,220 hours per year dealing with witness management. The cost for Homicide Section alone, is approximately $250,000 per year.
Alternatives (who else can/should provide this service):
The responsibility for Court proceedings is the Crown’s. Witness management is a sub-component of the court process and should be managed by the Province.
After investing considerable time and expense to successfully investigate these crimes, investigators are reluctant to leave witness management to others who will not share their interest in seeing a matter successfully prosecuted. This will greatly affect member willingness to transfer management issues back to the Crown.
For more information, contact:
Inspector Brad Ward i/c Crimes Against Persons Branch, or
Staff Sergeant Rick Bohachyk i/c Homicide Section.
2002 September 30