Integrity of Evidence

Question 1

Rule 69 - Integrity of witnesses

Answer 1

(a) Don’t advise or suggest W should give false or misleading evidence nor condone another person doing so (b) Don’t coach witnesses by advising what answers the witness should give to questions which might be asked.

Question 2

Rule 70 - Permitted witness preparation

Answer 2

You can test in conference the version of the evidence to be given by a prospective W, including drawing attention to inconsistencies or other difficulties with the evidence, and express general admonition to tell the truth, but mustn’t encourage witness to give evidence different from evidence which witness believes 2 be true.

Question 3

Rule 71 - Conferral with witnesses

Answer 3

Must not confer with more than one lay witness at a time (a) about any issues that ORG believes may be contentious at hearing AND (b) where such conferral might affect the evidence to be given.
unless the barrister reasonably believes that special circumstances require such a conference.

Question 4

Rule 72 - When multiple conferral permitted (four things)

Answer 4

Can confer with more than one client about undertakings to a court, admissions or concessions of fact, amendments of pleadings or compromise

Question 5

Rule 73 - Conferral under cross-examination

Answer 5

Can’t confer with witness while they remain under x-examination unless:
○ (a) The cross-examiner has consented or
○ (b) The barrister (i) believes ORG that special circs (including need for instructions on a proposed compromise) require such a conference; (ii) has, if possible, informed cross-examiner of intention to do so and (iii) otherwise informs the cross-examiner ASAP after the fact

Question 6

Rule 74 - Prospective witnesses

Answer 6

A barrister must not take any step to prevent or discourage prospective witnesses from conferring with an opponent or being interviewed by or on behalf of any other person involved in the proceedings.

Question 7

Rule 75 - Exceptions to 74

Answer 7

A barrister does not breach rule 74 simply by telling a prospective witness or a witness that he or she need not agree to confer or to be interviewed or by advising about relevant obligations of confidentiality