# Pre-Trial Witness Interviews Code Of Practice

## 1 Introduction

1.1 
In December 2004 the Attorney General published a report which 
concluded that Prosecutors should be able to speak to witnesses for 
the purpose of clarifying or assessing the reliability of the evidence they 
could give. The report also concluded that the interview process should 
be supported by a Code of Practice. This Code of Practice, issued by 
the Director of Public Prosecutions, provides guidance to prosecutors 
conducting pre-trial interviews with witnesses. 

## 2 Interviews To Which This Code Of Practice Applies

2.1 
This Code of Practice applies to interviews for the purpose of assisting 
a prosecutor to assess the reliability of a witness's evidence or to 
understand complex evidence (referred to throughout this document as 
a pre-trial interview). It does not apply to other meetings with witnesses 
such as special measures meetings, court familiarisation visits or 
meetings to explain a decision to discontinue a case or to significantly 
alter a charge. 
2.2 
A Crown Prosecutor may conduct a pre-trial interview with a witness 
when he considers that it will enable him to reach a better informed 
decision about any aspect of the case. Pre-trial Interviews must not be 
held for the purpose of improving a witness's evidence or performance 
although a prosecutor conducting a pre-trial interview may answer a 
witness's questions about court procedure. 
2.3 
Where a prosecutor conducts a pre-trial interview to assess the 
reliability of a witness's evidence, the witness may be asked about the 
content of his/her statement or other issues that relate to reliability. 
This may include taking the witness through his/her statement, asking 
questions to clarify and expand evidence, asking questions relating to 
character, exploring new evidence or probing the witness's account. 
2.4 
A pre-trial interview may take place at any stage of the proceedings 
(including pre -charge) until the witness starts to give evidence at trial 
However, no interview should be conducted until the witness has 
provided to the police a signed witness statement or has taken part in a 
visually recorded evidential interview. Once a prosecutor has decided 
that a pre-trial interview is appropriate it should be conducted as soon 
as reasonably practicable. 
2.5 
Before a pre-trial interview takes place the prosecutor should consult 
the Senior Investigating Officer (or the officer in the case if there is no 
810). The prosecutor will require confirmation that the person to be 
interviewed is not, and is not likely to become, a suspect in the case. If 
there is any possibility that the witness may come under suspicion the interview must not take place until that possibility ceases to exist. 

2.6 
If, during an interview, the witness comes under suspicion, whether in 
relation to the offence then under investigation or another offence the 
prosecutor must terminate the interview immediately. The prosecutor 
can also terminate the interview for other reasons (such as hostility) at 
any time. 

## 3 Persons Who May Conduct An Interview

31 
A pre-trial interview may be conducted by a Crown Prosecutor 
designated by the Chief Crown Prosecutor for their area or Head of 
Division to conduct such interviews, or by an independent advocate on 
the authority of a designated Crown Prosecutor. 

## 4 Persons Present At Interview

4.1 
The presence of a police officer will not normally be necessary but 
exceptionally the prosecutor or other designated person conducting the 
interview may request the presence of a police officer if they deem this 
necessary. The officer attending the interview must be familiar with the 
case but if possible he or she should not be the officer who obtained 
the witness's original statement. An officer attending an interview under 
these circumstances should play no part in the questioning of the 
witness. If, as a result of something said in interview, the officer and 
prosecutor need to confer about an evidential point, the interview 
should be suspended and the discussion take place in the absence of 
the witness. 
4.2 
An interview may be conducted by more than one prosecutor or by a 
prosecutor and an independent advocate. However, where this is done, 
the interview process should be led by one person. 
4.3 
Other CPS staff may also be present to provide administrative support 
to the prosecutor. 
4.4 
In any case where the prosecutor considers it necessary for the 
witness to have the assistance of an interpreter or intermediary, 
(whether or not the original statement was taken in such manner), the 
prosecutor shall arrange for the attendance of a suitably qualified person to attend the pre-trial interview. Persons who may themselves 
be potential witnesses must not act in the role of interpreter or 
intermediary but a person who assisted in the taking of a witness 
statement may assist at a pre-trial interview. Prosecutors should refer 
to existing guidance on the selection of interpreters. 

## 5 Witness Support

5 1 
The witness may be accompanied by a supporter. The prosecutor must 
satisfy him I herself that the supporter has no actual or potential 
involvement in the case and has no personal knowledge of the matters 
likely to be discussed. The prosecutor conducting the Interview has 
discretion as to whether the supporter should be permitted to be 
present at, or remain in, the interview. If the proposed supporter is, in 
the view of the prosecutor, unsuitable to act as a supporter then the 
witness should be given an opportunity to arrange for an alternative 
suitable supporter and the interview should be rearranged for this 
purpose. 
5.2 
The prosecutor rnust outline the supporter's role and ensure that he or 
she does not prompt, influence or inhibit the witness in any way. 

## 6 The Interview

6.1 
The attendance of a witness at a pre-trial interview is voluntary and 
cannot be compelled. If a witness declines to attend a pre-trial 
inteiView, this fact and any reasons advanced by the witness should 
normally be disclosed to the defence in accordance with the 
prosecutor's disclosure obligations. 
6.2 
The prosecutor must remain objective and dispassionate at all times 
during the interview. He/she shall explain to the witness his/her 
statutory role, having regard to the duties of the pr.osecutor set out in 
the Code for Crown Prosecutors and this code of practice. He/she 
should also explain in advance to the witness in clear terms the 
purpose of the interview and deal with any questions that the witness may have in relation to the process. 
6.3 
A witness must not be interviewed in the presence of any other witness 
in the case (except the officer in the case where he or she is present at 
the invitation of the person conducting the interview). 
6.4 
The witness should see copies of his or her witness statement(s) 
before or during the interview. Where the witness has participated in a 
visually recorded interview. he/she should be given an opportunity of 
viewing it a
.gain. Where the prosecutor considers it to be necessary the 
witness should be given an opportunity of commenting on the contents 
of his/her statement or visually recorded interview. 
6.5 
If 
the witness has seen a copy of their written statement, or has viewed 
their visually recorded statement in advance of the interview then this 
fact should be confirmed at the start of the interview. 
6.6 
Where the prosecutor considers it to be necessary, the witness may be 
shown items or documents exhibited by him/her. 

## 7 Questioning I

7.1 
Training or coaching for witnesses is not permitted (seeR v Momodou 
and Limani (2005) EWCA Crim 177). Prosecutors must not under any 
circumstances train, practise or coach the witness or ask questions that 
may taint the witness's evidence. Leading questions should be 
avoided. 
7.2 
Where there is significant conflict between witnesses that cannot be 
resolved by careful questioning, alternative accounts may be put to the 
witness for comment so long as any source of the alternative account 
is not attributed. If this is dor.e, it should never be suggested to the 
witness that they adopt the alternative account. 
7.3 
Prosecutors should remain dispassionate about the responses that a 
witness gives. In particular they must never suggest to the witness that 
he/she might be wrong, indicate approval or disapproval in any way to 
any answer given by the witness. To depart from this standard carries 
with it the risk of allegations that the witness has been led or coached 
in their evidence. 

## 8 Recording And Disclosure

8.1 
A comprehensive audio recording of the interview must be made. If a 
witness has previously given a visually recorded evidential interview 
the pre-trial interview may also be video recorded. 
8.2 
Where, in the course of an interview, the witness provides further 
evidence which is material to the case, a further witness statement 
should be taken (or visual interview conducted) by a police officer and 
served upon the defence. 
8.3 
The disclosure officer will be notified of any unused material generated 
through this process and will record it on the appropriate disclosure 
schedule. 
8.4 
The record of a pre-trial interview will generally be unused material and 
disclosure should be determined by the application of the appropriate 
statutory test(s). A record of a pre-trial interview will normally meet 
these tests and, subject to the application of Public Interest Immunity, 
the recording of the interview will be supplied automatically to the 
defence as unused material. .When a recording is supplied to the 
defence a transcript will not be prepared. 

## 9 Children And Other Vulnerable Witnesses

9.1 
Special care will be taken in making a decision to hold a pre-trial 
interview with a child. The purpose of video recording the evidence in 
chief of children and other vulnerable witnesses is to preserve their 
evidence at an early stage and to protect them from the necessity to 
continually repeat their account during the course of the criminal 
prosecution process. 
Further, in cases where children and other 
vulnerable witnesses a
r e victims of abuse. therapy may have 
commenced following the video recording of their testimony. 
9.2 
It will only be in exceptional cases, therefore, that pre-trial interviews 
are considered for children and vulnerable witnesses. Prosecutors will 
have the benefit of the video recording in order to assess the witness 
and if there are areas that require further clarification, consideration will 
be given to asking the original interviewer to explore these by way of 
an additional video recorded interview. The investigative interviewers 
will have already built a rapport with the witness and have the special 
skills required to gently probe the issue in a simple and non-suggestive 
way. 
9.3 
In reaching a decision to hold a pre-trial interview consideration will be 
given to the age, degree of vulnerability and status of the witness 
Where the original statement was video recorded the pre-trial interview 
will also be video recorded. The venue must be appropriate for the 
witness and in most cases the police video interview suite will be used. 
The witness must have appropriate support and the prosecutor will 
take advice from the trained police interviewer as to the type and level 
of questions to be put. The prosecutor must also be conversant with 
the 
practice guidance 
'Achieving 
Best Evidence 
in 
Criminal 
Proceedings'. 

## 10 Witness Expenses

10.1 A witness will be reimbursed for any expense reas.onably incurred in 
attending the place at which the pre-trial interview is held This may 
include the expenses of a supporter. Payment will be in accordance 
with standard witness allowances. 

## 11 Remote Interviewing

11.1 In order to provide the greatest opportunity to assess the reliability or 
credibility of a witness's evidence, a pre-trial interview should, 
wherever practicable, involve face to face contact between the 
prosecutor and the witness. Face to face contact affords greater 
opportunities to the witness to raise issues of concern and to be put at their ease about the process of giving evidence. 

11.2 However, a prosecutor may at his or her discretion conduct a pre-trial 
interview by indirect means including (but not limited to) telephone or 
video-link. In such cases the prosecutor must make arrangements for a 
record of the interview to be made in compliance with the requirements 
set out above. 
KEN MACDONALD QC 
Director of Public Prosecutions 
2 
L February 2008