Witness Familiarisation

Witness familiarisation is a process which provides witnesses with a comprehensive understanding of the theory, practice and procedure of giving evidence and what is expected of them when they are required to give evidence. 

This includes familiarising the witness with the layout of the legal forum, the likely sequence of events when the witness will be giving evidence and a balanced appraisal of the different responsibilities of the various people at the hearing. 

We will also give witnesses an insight into the techniques cross-examining lawyers will use in cross-examination, ensuring they are not disadvantaged through a lack of knowledge.

Coaching has always been prohibited. Lawyers are not allowed to prepare witnesses on what they should say, or attempt to persuade the witness into changing their evidence.

In contrast, witness familiarisation is encouraged by both the Bar Council and the Court of Appeal. Witnesses should not be disadvantaged by ignorance of the process or taken by surprise at the way in which the hearing works. There is a duty of care to witnesses, and to ensure they are put at ease as much as possible before their hearing.

Bond Solon is the leading provider of witness familiarisation in the UK. We regularly provide this service to the majority of the top 100 leading law firms across the UK, as well as directly to a large number of companies.

1. Experienced. Bond Solon has unparalleled experience and understanding of the different needs of witnesses. Over 250,000 witnesses have attended our sessions.
2. Impartial. There can be no allegations of coaching because Bond Solon are wholly independent and our trainers have no personal knowledge of the facts and issues of the case.
3. Highly skilled. Bond Solon trainers are experienced barristers and solicitors. As professional trainers, they have extensive experience in delivering witness familiarisation sessions for Witnesses of Fact and Expert Witnesses in a variety of legal forums.

The Court of Appeal in R v Momodou [2005] EWCA Crim 177 (par 64) clearly states that in criminal proceedings, none of those conducting the witness familiarisation session should have any personal knowledge of the matters in issue in the case.

This has been adopted by the Bar Council in their Guidance, which also states for civil proceedings that until there is further authority, it is prudent to follow the same principles as set out in Momodou.

Yes, as long as the material used does not bear similarity to the issues and content in the forthcoming proceedings, and those conducting the session have no personal knowledge of the case.

Oral feedback is given to each witness following the mock cross-examination to help them understand what the hearing requires. We also complete a written assessment form which will also be shared. We will provide comprehensive written and verbal feedback to instructing parties.

As part of the product offering, we will also arrange a pre-course briefing in order to help us tailor the training accordingly.

Yes. Bond Solon provides witness familiarisation sessions for witnesses based all over the world. Many of these witnesses come from countries with an inquisitorial legal system and have little or no knowledge of the adversarial UK legal system.

We regularly travel to deliver training. Please enquire as to further details on this. Sessions can also be delivered online.

We are also extremely experienced in terms of delivering training for those where English is not their first language. We regularly run sessions with the assistance of interpreters, and can arrange them for the purposes of the training (or indeed the hearing) if required. Find out more about our interpretation services.

Whilst sessions early in the process are useful in getting witnesses to think about their role in proceedings, we suggest the familiarisation sessions take place 3-4 weeks prior to the hearing. This is to enable witnesses to concentrate on the content of the session and to allow them time to undertake the necessary preparation prior to them being required to give their evidence. This is, however, just guidance - we are able to arrange sessions at very short notice if necessary.

The length of the training depends on the number of witnesses. Usually allow three hours for 1 witness and up to a full day for 4-6 witnesses. After the initial session, some witnesses may require a follow-up cross-examination session.

We can run witness familiarisation sessions for witnesses from all over the world (and across different time zones), giving evidence in virtual, hybrid or face to face settings.

More often than not we run training at the offices of the clients we work with. We are then on hand to provide detailed feedback following the training. We also have a central London office location and can host sessions at our offices, and are able to run training online across various platforms.

You can find the terms and conditions for our Witness Familiarisation services here.