Called to give evidence in a criminal trial?

Our top 6 tips during cross examination.

IN YOUR ROLE AS A POLICE officer, you may be called as a witness for the prosecution to give evidence in a criminal trial.

The examination of a witness falls into three stages:

1. First, you will be called to give evidence in chief.

2. Secondly, the defence may wish to cross examine you.

3. Finally, the prosecution may reexamine you in order to provide qualification or further explain an answer arising from your cross examination.

Cross Examination

In this article we will focus on cross examination. Cross examination is rarely an enjoyable experience, even for experienced police officers. The purpose of cross examination is to provide both the prosecution and defence with a means of probing and testing the evidence of a witness. Often, the aim of cross examination is to expose any flaws, weaknesses or inconsistencies in the evidence, so as to damage the credibility of the witness. However, where part of the evidence being given is helpful to the defence, the cross examination may seek to highlight that evidence, and bolster the credibility of the witness to assist the defence.

Top Tips When Facing Cross Examination

Here are our top six tips to help you be prepared, and to make cross examination as painless as possible, starting from the commencement of your investigation.

1. REFRESH YOUR MEMORY

There is often a lengthy delay from when a police investigation begins to when a matter goes to trial. It is natural for witnesses to have forgotten some of the details of what they witnessed, or the specifics of the duties they undertook during an investigation. Accordingly, the Court will allow the use of aids to refresh your memory, and you will be entitled to review your statement and any notes taken during the course of the investigation prior to you giving evidence. This is why it is important to take contemporaneous and legible notes during the initial investigation, as it will assist you to provide clear and accurate evidence at trial. to ‘explain’ your answers, the more opportunity you are providing the Defence counsel to test and undermine your evidence.

2.

Bring All Relevant Materials

You should not rely on, and wait for, the prosecution to provide you with a copy of your notes and statement on the day of you giving evidence. Allow yourself time to prepare by requesting a copy of all relevant materials from the prosecution, and refresh your memory well in advance of your day in Court.

3.

Listen To The Questions Carefully

Being in the witness box under cross examination can be stressful, and it is important to listen fully to the whole question being put to you before you formulate your answer. Importantly, if the question is not put to you clearly, or you do not understand the question, ask for the question to be repeated or clarified. Rushing to answer a question, or trying to answer a question you did not completely understand, may mean that you give the Defence counsel additional information that they were not even seeking when they asked the question.

5. DO NOT TRY TO GUESS WHAT IS GOING TO BE ASKED NEXT Concentrate on answering only the question being put to you at the time. It is not uncommon to try to predict what the next question may be, or where the line of questioning of the Defence is going. Focusing on the next question will only be a disservice to your evidence, and you risk providing unclear evidence and, again, unintentionally give Defence counsel ammunition to discredit your evidence.

And finally;

6. STAY CALM AND BE CONSCIOUS OF YOUR BODY LANGUAGE AND DEMEANOR

4.

Only Answer The Question Asked And Provide Short And Succinct Answers

Keep your answers short and, if possible, provide yes or no answers only. Remember that the more you try

Whilst it is easier said than done, take nothing personally. Although you cannot be asked questions that are unduly annoying, offensive or intimidating, questions may be put to you under cross examination that make you angry or provoke you. Do not lose your cool! If you are able to remain calm and regulate your demeanor you will come across as a more credible witness. However, this does not mean you need to be a ‘push over’. You can be firm in your answers, but remain courteous and polite. Remember, every person in that Court room has a job to do and think of why you are there and your role: that is, to give the best and most honest evidence that you can.

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