Witness Training

Lord Justice Judge, the Deputy Chief Justice, said there was a ‘dramatic distinction’ between helping witnesses to familiarise themselves with the trial process and coaching on the evidence of a particular case, which is not permitted.

The guidance states that familiarisation courses of a general nature would be welcomed, provided they do not involve discussion of the case, but help to prepare witnesses for the ordeal of giving evidence by covering areas such as:

u The layout of the court.

u The likely sequence of events when the witness is giving evidence.

u A balanced appraisal of the different responsibilities of the various participants.

It advises that ‘sensible preparation’ for the experience of giving evidence, to help to reduce witnesses` ‘nervous tension’ and improve the way in which they give evidence, is also permissible.

The guidelines do not prohibit the training of expert witnesses in techniques of giving specialist evidence, nor do they prevent training to develop the ability to resist the inevitable pressure of going further in evidence than matters covered by the witness’s specific expertise. But, Lord Justice Judge made clear that “the critical feature of training of this kind is that it should not be arranged in the context of, nor related to, any forthcoming trial.”

The guidance highlights that where familiarisation courses are appropriate:

u They should be carried out by an organisation accredited by the Bar Council and Law Society of England and Wales.

u None of the material used should bear any similarity to forthcoming proceedings.

u The fact that a witness has attended such a course should also be disclosed to

the relevant parties.