Giving a testimony as a witness could be overwhelming. Witnesses subjected to a live trial sometimes get tense or confused in the proceedings. This is the problem that witness familiarisation seeks to resolve. 

Goal Of Witness Familiarisation 

Witness familiarisation is a type of program offered to witnesses or people who may be testifying in court. Its primary purpose is to train witnesses so that they don’t do poorly in court. Since the consistency and credibility of a witness’s evidence will seriously affect the result of a lawsuit, it’s an essential aspect of a trial. 

Witness familiarisation also entails simulated cross-examination focused on a fictional case study to acquaint the witness and increase their interest in the method of presenting oral testimony. 

Being thoroughly trained is critical to testify at trial effectively. Standing unprepared could jeopardize the witness’s reputation and appearance in the courtroom, thus risking the position of the party that requested the witness to testify.

Who May Avail Of The Witness Familiarisation Program? 

The witness familiarisation program emphasizes practical techniques for presenting testimony while in the courtroom. It also offers the chance to practice the methods through numerous mock cross-examinations. 

This program isn’t only limited to factual witnesses or people who observed the crime firsthand. Expert witnesses may also learn from this course. These professionals include psychiatrists, physicians, and other medical specialists who may shine a light on physical findings and medical history obtained during a prosecution. 

What To Expect In A Witness Familiarisation Program? 

All of the training is led by highly qualified barristers. It’s usually split into two segments, varying according to the provider: 

• The First Segment: The first segment of the course covers the procedures and tactics used by prosecutors to scare witnesses. Facilitators instruct witnesses on how to handle these scenarios. Witnesses are often told how to provide reasonable and straightforward testimony that is beneficial to the case. 
• The Second Segment: Simulated cross-examinations will start happening during the second segment. Facilitators will act out a mock trial in which the witness would be summoned and questioned. This is for witnesses to learn techniques and realistic experiences about how to deal with tension and force when being questioned. 

Why Is Witness Familiarisation Important? 

The main objective of witness familiarisation is to train participants to prevent performing poorly in trials. The quality of the testimony is critical to winning legal fights. Though some documents and records can be used as testimony, it’s also normal to summon a witness who could retell details or make narratives that enable the court to visualize what actually occurred. 

Because there’s a significant period between the occurrence of crime and the proceedings, the witness might have trouble recalling some of the case’s specific facts. A legal representative can also raise sensitive topics in an attempt to intimidate the witness. 

Furthermore, if witnesses are incapable of dealing with scrutiny, their words can be counterproductive to the case. This is why a witness must undergo a witness familiarisation program.

Is Witness Familiarisation Unlawful? 

Witness familiarisation is legal since the primary objective is to educate observers about the trial proceedings. The witness gains trust and becomes more knowledgeable in delivering evidence by knowing how court hearings operate. 

However, ethical concerns may emerge during the program. This is why instructors and participants are subject to stringent criteria and restrictions. 

Witness Familiarisation Vs. Witness Coaching 

Witness familiarisation is an invaluable method that can assist participants in comprehending the critical nature of factual claims and what to anticipate from opposing counsel and the court.  

On the contrary, witness coaching is providing inappropriate instruction to witnesses, which is illegal. Inappropriate advice can include coercing a witness to give untruthful claims, misrepresenting scientific facts, or omitting vital information.  

Witness Familiarisation Is Not Witness Proofing 

Witness proofing is the method by which the witness’s counsel questions them about the testimony they’ll present under oath. It’s intended to guarantee that the witness understands their testimony and can constructively respond to objections to their case. It allows the witness and their counsel to provide a thorough knowledge of the related evidence and problems. 

The witness familiarisation training supplements witness proofing. It enables witnesses to go through a set of thorough, exacting, and tough mock cross-examinations along with the witness proofing procedures.  

Takeaway 

After undergoing witness familiarisation training, witnesses may gain a working knowledge of the philosophy, process, and method of testifying. In addition, they would develop an appreciation of the courtroom structure, the possible course of activities during oral testimony, and a fair assessment of the varying roles of the witnesses.