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PINS NOTE
To: All Inspectors
Date of Issue: October 2004
Currency: until further notice
CONTACT WITH WITNESS DURING CROSS EXAMINATION
Background
1. At a recent Inquiry an experienced advocate argued that the prohibition on advocates speaking to their witnesses should operate from the time the witness starts to give evidence and not from when cross-examination starts, as stated in paragraph 45 of Chapter 1D of the Inspector’s Handbook. Although it has always been understood that the latter approach was accepted by the legal profession in relation to planning inquiries, since the rule operates differently under other jurisidictions the matter has been discussed with PEBA and the Law Society.
2. The representatives of PEBA and the Law Society have confirmed that the rule should continue to operate from the start of cross-examination and not before. However the rule should also apply to contact between the witness and any other member of their team or any other party who is supporting their case.
Action
3. In the circumstances you should continue to follow the advice as set out in paragraph 45 of Chapter 1D, with the additional proviso that the rule should also be applied to other members of the witness’ team or other persons supporting their case. If it is necessary to take an adjournment during cross-examination you should remind the witness of this.
4. If you should subsequently be challenged on the operation of the rule you should point out that the procedure has been agreed with PEBA and the Law Society.
5. Please contact Richard Holland, 407A Kite Wing, ext. 6245 if you have any queries on this Note.
David Hanchet
Deputy Chief Executive and Head of Profession