Interviewing Children Facilitated interviews

1. Interviewing ChildrenFacilitated interviews Police Superintendent Malin Morin Nymoen– Sex Crime Squad/Oslo/Norway

2. Interviewing children

3. Facilitated interviews – which cases • Sex crimes • Genital mutilation • Murder • Serious injury • Domestic violence • Trafficking • Robbery • Less serious injury

4. Development in facilitated interviews Oslo

5. Facilitated interviews – where • Children's House since 2009 in Oslo • Since October 2015 – a legal requirement • Until 2009 – at the Police Station

6. Facilitated interviews – previous location Police Station

7. Facilitated Interviews – current location Children's House

8. Facilitated interviews– who Police Academy: 3 years since 1996 • Only certified personnel (approx. 20 in Oslo) • A senior police officer with special education from the Police Academy • Level 1Primary education- DCM • Ages 6 – 16/18 • One-year education • 4 weeks at the Police Academy • Practical work under guidance • Exams • Level 2 - Sequential interviews • Ages 2/3 – 6 and mentally challenged individuals • One-year education • 2 weeks at the Police Academy • Practical work • Secondment at centres for mentally challenges • Exams

9. Facilitated interviews – lead by • A police lawyer has the overall responsibility for the interview • Ensure: • Substitute guardian • Counsel for the agreed party • Defence lawyer • That the interviewee will be accompanied by a suitable person • That meetings according to the law is held (before and after) • Decide who can participate • Log events related to the interview • Make a decision about what to write down from the interview • Full dialog • Minutes with some dialog (important extracts) • Decide whether or not to charge the suspect after the interview

10. Facilitated interviews- the police lawyer's main responsibilities: • Secure the evidence value of the interview • Make sure that the suspect’s rights are secured • Protect the witness and make sure that they are given their rights according to the law

11. Interviewing children – defense lawyer • A defence lawyer is normally not present during the first interview • Makes it easier to report to the police • Protect the suspect from groundless suspicion • To protect the offended in cases where he/she is living together with the suspect • Domestic violence • Incest • If someone is charged after the first interview • The person who is charged will immediately be informed • Get to see the first interview • Can ask for a second interview (within 1 week) where the defence lawyer will be present • Supplementary interview • contradiction • Questions must be supplied as part of the request

12. Facilitated interviews– participants • Police lawyer • Counsel for the agreed party • Substitute guardian • Interviewer • Investigator • Advisor/psychologist from Children’s House • Technician • Representatives from Child Welfare Services (if necessary) • (Defence lawyer)

13. Facilitated interviews - prepartations • The interviewer calls the person who will accompany the interviewee a few days prior to the interview • Give information about the interview, the Children's House, the interviewer, agenda, etc. • Get some information about the interviewee - interests, cognitive development, language skills etc. • The child is informed in the evening, the day before the interview is held • Informed by the person who will accompany the interviewee (who is instructed by the interviewer) • “You are going to the Children's House tomorrow, to talk with Malin about what happened…” • The interviewer does not meet or talk to the interviewee prior to the interview • Just before the interview starts, we have a meeting with the other participants (to discuss the case) • The interviewer meets the interviewee and the accompanying person, and show them the facilities and how it works before the interview starts

14. Facilitated interviews – formalities • The interviewee should be informed who is presentand that the interview is recorded • The interviewee is informed about the case and why we would like to do an interview • The interviewee is encouraged to tell the truth • Take them seriously • Control over the situation • Commitments The information provided depends on the age and capabilities of the interviewee

15. Facilitated interviews – Dialogical Communication Method(DCM) The interview comprises 7 phases • Preparations • Building trust ( Waiting room) • Formalities ( Interrogation room) • Case/theme introduction • Narrative interview- free explanation • Probing – theme by theme, and confrontations if necessary • Finalization 02.01.2020 • Side 15

16. Facilitated interviews – key elements • Establish trust • Open ended questions • Patience • Active listening • Follow up on the child’s statements • More detailed questions when needed • If necessary we confront the child in the end (if we don’t ask, we won’t know…)

17. Facilitated interviews- Promotional communication • Direct, clearly, informativ, interested • The childs language, reduce the balance of power • Significant informant • Be courious • Opend ending questions • Meta communication • Tell, describe, explain • Expand the story

18. Facilitated interviews- Inhibitory communication • Closed ended questions • Leading questions • Several questions • Adult language • Questioning style/ interrogations • Overhearing • Sudden change of theme • Doubt/ pressure

19. Interviewing children - Age table

20. Interviewing children – video recording played in court • The purpose: • Avoid children having to meet in court, unless they want to • To comply with the principle of hearing both sides, the defence can request a complementary interview prior to the trial • In court: • The recording from the interview is normally played prior to the defendant's statement • The judge and the parties has the full transcript from the interview, and the prosecutor can confront the defendant using details from the statement

21. Interviewing children - what to expect Everything…

22. Interviewing children - what to expect …or nothing!

23. Drawing by 8-year old interviewee

24. Drawing by 8-year old interviewee(2)

25. Interviewing children - credibility The 8-year old who made these drawings was found credible by the court, and the offender was convicted. A key objective for recent developments in Norway has been to improve the children’s credibility. • Recentdevelopmentsinclude: • Improved education of interviewers • Improved facilities for interviews and medical examinations • Continuous improvements to the methodology • New law - October 2015

26. Interviewing children – cooperation with Children's House • Better prepared and more focused interviews • The interviewer can focus at the interview - not the practicalities • Short term: the child is cared for by professionals after the interview • More detailed statements • Strengthens the child's credibility • Long term: the child’s welfare is taken care of by professionals • Sharing of knowledge • Ex. workshops • Creating a positive experience for the interviewee

27. Care and Justice 02.01.2020 • Side 27