Witness Preparation, Presentation and Assessment, 2nd Edition

A critical component of virtually every criminal trial, witness testimony has the power to make or break your theory of the case. Incorporating insights from Crown, defence, and judicial perspectives, Witness Preparation, Presentation, and Assessment, 2nd Edition offers readers practical guidance on handling the myriad legal issues that may arise in the preparation, presentation, or assessment of witnesses.

This legal playbook is organized into three parts: preparation, presentation, and assessment. Part I covers the practical and ethical considerations involved in preparing various types of witnesses for trial. Part II provides a roadmap to procedural issues that may arise during trial, including refreshing a witness’s memory, putting prior statements to a witness, examining and cross-examining expert witnesses, and more. Part III discusses factors related to credibility and offers practical guidance on drafting submissions and reasons for judgement from a judicial perspective.

The second edition features guidance on trauma-informed witness preparation and protocols for IPV witnesses and support animals in court, strategies for avoiding boilerplate language when preparing accurate and unbiased evidence reports, practical direction on assessing credibility in and out of court, guidance on the limits of police opinion evidence and distinguishing opinion from factual testimony, as well as safeguarding accused autonomy and language rights.

Written by an iconic West Coast defence counsel, an appellate prosecutor, and a criminal trial judge, this must-have resource provides balanced and practical advice for both recent calls and experienced practitioners confronting the complex realities of witness testimony in the dynamic trial context.

This text is volume 17 in Emond’s Criminal Law Series.