Example 1
You act for Mr Dawkins. Mr Dawkins is charged with assaulting Mr Collins. He
denies it and says that he was in fact attacked by Mr Collins and did not hit
him at all. When he was interviewed by the police, Mr Collins said that Mr
Dawkins punched him twice with his right fist. In his evidence-in-chief Mr
Collins said that Mr Dawkins punched him seven or eight times with both fists.
Your case is, therefore, that Mr Collins was not telling the truth in either the
witness statement or in his evidence-in-chief and that both accounts are lies.
(1) Tell the witness the answer he gave in his evidence-in-chief.
“Mr Collins, a few minutes ago you told the court that Mr Dawkins hit you
seven or eight times with both fists [didn’t you]?”
(2) Confirm that he made a statement to the police.
“You gave a statement to the police on 21th January 2022?” or “Do you
recall making a statement to the police on 21th January 2022?”
(3) Confirm that he understood that he understood the importance of
telling the truth in that statement.
“You knew that that statement might be used in court?” or
“You knew that you had to tell the truth in that statement?”
(4) Confirm that the witness statement was written by a police officer.
“A police officer wrote out that statement based on what you told him,
[didn’t he]?
(5) Confirm that he was given, and took, the opportunity to read the
statement and to correct any errors.
“You read and checked the statement when the police officer finished
writing it, [didn’t you]?”
(6) Confirm that he signed the statement at the top of the first page
and at the foot of every page.
“You signed and dated each page, [didn’t you]?”
You can now refer the witness to the witness statement
“Please would the usher give the witness his statement.”
(7) Confirm that the signature on the statement is his signature.
“That is your signature on the top of the first page and the bottom of every
other page, [isn’t it]?”
, (8) Take the witness to the part of the witness statement that is
inconsistent with the answer he gave in (1) above.
“Halfway down the second page, in the third paragraph, fifth line, you
stated ‘Mr Dawkins punched me twice with his right fist’ [didn’t you]?”
(9) Put your case to the witness about the inconsistency.
“The truth is that Mr Dawkins didn’t hit you seven or eight times, or even
twice. He didn’t hit you at all, [did he]?”
Example 2
Mr Warner is charged with robbing Mr Matthews. In his statement to the police
Mr Matthews says that he was approached by a man holding a knife who said
in a pronounced Scottish accent “Give me your wallet or I’ll put this knife in
you”. In his evidence-in-chief Mr Matthews did not describe the man’s accent.
Mr Warner has an English accent.
1) Tell the witness of the answer he gave in his evidence-in-chief.
“Mr Matthews, a few minutes ago you told the court that the man who
robbed you said ‘Give me your wallet or I’ll put this knife in you’ [didn’t
you]?
2) Confirm that he made a statement to the police.
“You gave a statement to the police on 28 th February 2022 [didn’t you]?
3) Confirm that he understood that he understood the importance of
telling the truth in that statement.
“You made that statement shortly after the incident when the events were
fresh in your memory, [didn’t you]?
“You knew the importance of mentioning everything that was significant
and relevant in that statement, [didn’t you]?
You knew that your statement might be used in court, [didn’t you]?”
4) Confirm that the witness statement was written by a police officer.
“A police officer wrote that statement down on the basis of what you told
him, [didn’t he]?
5) Confirm that he was given, and took, the opportunity to read the
statement and to correct any errors.
“You read and checked the statement when the police officer finished
writing, [didn’t you]?”
You act for Mr Dawkins. Mr Dawkins is charged with assaulting Mr Collins. He
denies it and says that he was in fact attacked by Mr Collins and did not hit
him at all. When he was interviewed by the police, Mr Collins said that Mr
Dawkins punched him twice with his right fist. In his evidence-in-chief Mr
Collins said that Mr Dawkins punched him seven or eight times with both fists.
Your case is, therefore, that Mr Collins was not telling the truth in either the
witness statement or in his evidence-in-chief and that both accounts are lies.
(1) Tell the witness the answer he gave in his evidence-in-chief.
“Mr Collins, a few minutes ago you told the court that Mr Dawkins hit you
seven or eight times with both fists [didn’t you]?”
(2) Confirm that he made a statement to the police.
“You gave a statement to the police on 21th January 2022?” or “Do you
recall making a statement to the police on 21th January 2022?”
(3) Confirm that he understood that he understood the importance of
telling the truth in that statement.
“You knew that that statement might be used in court?” or
“You knew that you had to tell the truth in that statement?”
(4) Confirm that the witness statement was written by a police officer.
“A police officer wrote out that statement based on what you told him,
[didn’t he]?
(5) Confirm that he was given, and took, the opportunity to read the
statement and to correct any errors.
“You read and checked the statement when the police officer finished
writing it, [didn’t you]?”
(6) Confirm that he signed the statement at the top of the first page
and at the foot of every page.
“You signed and dated each page, [didn’t you]?”
You can now refer the witness to the witness statement
“Please would the usher give the witness his statement.”
(7) Confirm that the signature on the statement is his signature.
“That is your signature on the top of the first page and the bottom of every
other page, [isn’t it]?”
, (8) Take the witness to the part of the witness statement that is
inconsistent with the answer he gave in (1) above.
“Halfway down the second page, in the third paragraph, fifth line, you
stated ‘Mr Dawkins punched me twice with his right fist’ [didn’t you]?”
(9) Put your case to the witness about the inconsistency.
“The truth is that Mr Dawkins didn’t hit you seven or eight times, or even
twice. He didn’t hit you at all, [did he]?”
Example 2
Mr Warner is charged with robbing Mr Matthews. In his statement to the police
Mr Matthews says that he was approached by a man holding a knife who said
in a pronounced Scottish accent “Give me your wallet or I’ll put this knife in
you”. In his evidence-in-chief Mr Matthews did not describe the man’s accent.
Mr Warner has an English accent.
1) Tell the witness of the answer he gave in his evidence-in-chief.
“Mr Matthews, a few minutes ago you told the court that the man who
robbed you said ‘Give me your wallet or I’ll put this knife in you’ [didn’t
you]?
2) Confirm that he made a statement to the police.
“You gave a statement to the police on 28 th February 2022 [didn’t you]?
3) Confirm that he understood that he understood the importance of
telling the truth in that statement.
“You made that statement shortly after the incident when the events were
fresh in your memory, [didn’t you]?
“You knew the importance of mentioning everything that was significant
and relevant in that statement, [didn’t you]?
You knew that your statement might be used in court, [didn’t you]?”
4) Confirm that the witness statement was written by a police officer.
“A police officer wrote that statement down on the basis of what you told
him, [didn’t he]?
5) Confirm that he was given, and took, the opportunity to read the
statement and to correct any errors.
“You read and checked the statement when the police officer finished
writing, [didn’t you]?”
