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Guidance to help prosecution witnesses prepare for trial may ‘damage’ conviction prospects and ‘reduce the efficient use of court time’, the Criminal Bar Association (CBA) has warned.
National rollout of the new Crown Prosecution Service (CPS) procedure, under which prosecution barristers must explain the court process to witnesses, started on 27 June.
It follows testing in Sheffield, Ipswich, Liverpool and Teeside, which the CPS said had ‘gone well’, with 89.5% of witnesses saying they were satisfied or fairly satisfied with the support they received.
The document, Speaking to witnesses at court: CPS guidance, set out the role played by prosecutors to ensure witnesses ‘give their best evidence’.
Prosecutors must meet all witnesses before they give evidence and explain the court procedure, the purpose of giving evidence and cross examination and the general nature of the defence case.
They must not ‘provide the detail of, discuss or speculate’ on specific questions a witness may face or discuss with them how to answer the questions. The guidance stresses that crown court advocates must carry out such conversations with a member of CPS staff present.
CBA chair, Mark Fenhalls QC, said that while ‘much of the guidance is sensible and appropriate’, he had ‘significant reservations’ about parts that ‘may damage the prospects of securing convictions’ and ‘actively reduce the efficient use of court time’.
‘For better or worse,’ he said, the guidance is part of barristers’ instructions, and warned them to ‘approach it with caution’ and report problems to the CBA.
Guidance to help prosecution witnesses prepare for trial may ‘damage’ conviction prospects and ‘reduce the efficient use of court time’, the Criminal Bar Association (CBA) has warned.
National rollout of the new Crown Prosecution Service (CPS) procedure, under which prosecution barristers must explain the court process to witnesses, started on 27 June.
It follows testing in Sheffield, Ipswich, Liverpool and Teeside, which the CPS said had ‘gone well’, with 89.5% of witnesses saying they were satisfied or fairly satisfied with the support they received.
The document, Speaking to witnesses at court: CPS guidance, set out the role played by prosecutors to ensure witnesses ‘give their best evidence’.
Prosecutors must meet all witnesses before they give evidence and explain the court procedure, the purpose of giving evidence and cross examination and the general nature of the defence case.
They must not ‘provide the detail of, discuss or speculate’ on specific questions a witness may face or discuss with them how to answer the questions. The guidance stresses that crown court advocates must carry out such conversations with a member of CPS staff present.
CBA chair, Mark Fenhalls QC, said that while ‘much of the guidance is sensible and appropriate’, he had ‘significant reservations’ about parts that ‘may damage the prospects of securing convictions’ and ‘actively reduce the efficient use of court time’.
‘For better or worse,’ he said, the guidance is part of barristers’ instructions, and warned them to ‘approach it with caution’ and report problems to the CBA.
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
