Preparation of witnesses

The professional standards committee of the Bar Council has published guidelines to clarify how much pre-trial preparation of witnesses is permissible. While rehearsing or coaching witnesses is not permissible, the legitimate preparation of witnesses, such as witness familiarisation arrangements, are not only ‘permissible; they are to be welcomed’. Barristers have a duty to ensure that the evidence in support of their client’s case is presented to best effect. The legitimate preparation of witnesses designed to avoid wasting court time and prevent witnesses from being disadvantaged by ignorance of the court process is endorsed. Preparation can include mock cross-examination and advising witnesses on the basic requirements for giving evidence, such as the need to listen and to speak clearly and slowly.