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Cross Examination: Questioning Technique - How to Build to a Conclusion. 

The Advocacy Tutor
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In this video Sonia discusses an effective technique for undermining the evidence of the witness - 'building to a conclusion'.
There will be 2 demonstrations of cross examination during the video. The
witness is played by an actress - Samantha Hopkins.
At 1 minute 29 seconds Sonia demonstrates why building to a conclusion is important. At 3 minutes and 2 seconds, you will find written steps to building to a conclusion. Sonia demonstrates the technique at 7 minutes 31 seconds.
Please note that every Advocate has their own style of XX, you should develop your own style, grounded in solid technique.
NOTE RE. REFERRING A WITNESS TO ANOTHER WITNESS' EVIDENCE
What follows applies to non-defendant witnesses.
Quite often advocates will want to expose inconsistencies between the accounts of witnesses to demonstrate that their opponent's case is inconsistent or unreliable or that a particular witness is not credible.
However, it is not appropriate for an advocate to quote a witness yet to be called to give evidence, or to quote from a witness who has already given evidence, in the course of cross examining another witness. For example, the following is NOT permissible:
Q. Mrs Ghent, Mr Blake says in his witness statement that you had been drinking alcohol.
A. No, that’s not true at all.
Where witnesses provide inconsistent accounts, it is appropriate to draw the tribunal's attention to the inconsistencies between witnesses. But the correct way to do this is to put the substance of the witness' evidence without attributing the source. The advocate can put the substance of what another witness has said in court, or will say in court, WITHOUT attributing the source of the evidence. For example:
Q. Mrs Ghent, you've told the court that you had been celebrating your birthday at the Red Lion pub?
A. Yes.
Q. You arrived at the pub at 6pm?
A. Yes.
Q. And you left at 11.30pm
A. Yes
Q. So you spent 5 and a half hours in the pub?
A. Yes
Q. So presumably you had been drinking alcohol whilst in the pub?
A. No, I wasn’t drinking at all.
In the above example the substance of what Mr Blake will say has been put to the witness, without quoting directly from him. When Mr Blake gives evidence in court, no doubt he will confirm that Mrs Ghent had been drinking. The cross-examining advocate will have clearly highlighted the inconsistency between the two prosecution witnesses.
When cross examining a defendant, remember that he/she will give evidence after the prosecution has closed its case (if he/she decides to give evidence). The defendant will also have seen and heard each of the prosecution witnesses give their evidence in court. It would be perfectly permissible therefore, when cross examining the defendant, to quote directly from any of the prosecution witnesses and to attribute the source of the quote. See below, for an example:
Q. Miss Hill, you've heard the evidence of Mrs Williams, she told the court that her necklace was found in your handbag.
A. She's lying.
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15 июл 2024

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Комментарии : 37   
@amalali8712
@amalali8712 Год назад
This has been a God send. Thank you! I'm a litigant in person and just been through the Case Management Conference stage so preparing for what's come. I'll be hiring a Barrister again if I can through public access as my opponent is a Solicitor (ex landlord) so this is a great resource to also prepare for being cross examined. Thank you!
@advocacytutor6354
@advocacytutor6354 Год назад
Good luck🤞
@gabrielan.anderson1299
@gabrielan.anderson1299 Год назад
Best lesson I've found online today!
@advocacytutor6354
@advocacytutor6354 Год назад
Thank you so much for your comment Gabriela.
@mrbennythelad1
@mrbennythelad1 11 месяцев назад
Great tutorials! Thank you!
@advocacytutor6354
@advocacytutor6354 11 месяцев назад
Glad you like them!
@sa-il3hi
@sa-il3hi 2 года назад
extremely useful - thank you!
@advocacytutor6354
@advocacytutor6354 2 года назад
Glad it was helpful!
@simonerichaywood
@simonerichaywood 3 месяца назад
Absolutely wonderful video and advice, thank you!
@advocacytutor6354
@advocacytutor6354 3 месяца назад
I'm so glad you found it useful.
@chrisattwood9588
@chrisattwood9588 2 года назад
It’s criminal you only have 1.8 k subscribers.
@mooondogg
@mooondogg Год назад
This very useful .thank you very much
@advocacytutor6354
@advocacytutor6354 Год назад
You are welcome
@AgentBrit
@AgentBrit 10 месяцев назад
Fantastic. Really well done
@advocacytutor6354
@advocacytutor6354 10 месяцев назад
Many thanks!
@Gingerharry2011
@Gingerharry2011 6 месяцев назад
This is a great channel!
@advocacytutor6354
@advocacytutor6354 6 месяцев назад
Thank you.
@andrewokola6697
@andrewokola6697 Год назад
Superstar as usual.
@advocacytutor6354
@advocacytutor6354 Год назад
Awwwwww thank you Andrew. ❤❤❤
@ericssonz1190
@ericssonz1190 Год назад
OMG so helpful
@advocacytutor6354
@advocacytutor6354 Год назад
I'm glad it was helpful.
@reiymz1589
@reiymz1589 2 года назад
Helpful 🙂
@advocacytutor6354
@advocacytutor6354 2 года назад
Glad you think so!
@tauhidulfuad311
@tauhidulfuad311 11 месяцев назад
Hi Sonia. Hope you are doing great. I was one of you BPP students at part time Bptc
@advocacytutor6354
@advocacytutor6354 11 месяцев назад
😁😁😁😁😁😁😁😁
@tauhidulfuad311
@tauhidulfuad311 9 месяцев назад
if you are sonia madam, accept my best wish. i learned so much from you. Thank you so much. i wish best for you.@@advocacytutor6354
@zabwala786
@zabwala786 2 года назад
Really good
@advocacytutor6354
@advocacytutor6354 2 года назад
Thank you! Cheers!
@zabwala786
@zabwala786 2 года назад
Advocacy Tutor great at explaining cannot recall tutors like this in law school!
@advocacytutor6354
@advocacytutor6354 2 года назад
@@zabwala786 Thank you so much.
@kelvinrichu2388
@kelvinrichu2388 Год назад
Very great explanation
@advocacytutor6354
@advocacytutor6354 Год назад
I'm glad you enjoyed it.
@AbdulKareem-xq2zg
@AbdulKareem-xq2zg 16 дней назад
Please main aapse baat karna chahta hun
@pedrinho7
@pedrinho7 8 месяцев назад
What would you do if the defendant was very verbose and didn’t agree to yes or no answers to anything and also didn’t agree that some things you interpret as uncontroversial were in fact uncontroversial, or repeatedly shoehorned their defence into their answers? For example - Advocate: You agree that you had a clear recollection of events at the time of the police interview, don’t you? Witness: No, not at all - it was a very traumatising time being arrested, and I was very panicked all throughout: I tried to be as accurate as possible, but of course in that state it’s very conceivable that I could have made mistakes or missed important observations. Or - Advocate: You’ve been convicted of theft before haven’t you? Witness: It’s very important to contextualise that: a conviction which happened when I was a teenager, struggling to survive and in dire need of money is simply not comparable to me now as a financially comfortable mid-20s professional who does not not need to steal to survive and therefore does not do so. Or - Advocate: You were in the vicinity of the restaurant that night, weren’t you? Witness: I arrived at 8.30 and have no knowledge of what happened their before that time. Doesn’t this training just suggest the witnesses will be easy?
@AbdulKareem-xq2zg
@AbdulKareem-xq2zg 16 дней назад
Please main aapse baat karna chahta hun
@chrisattwood9588
@chrisattwood9588 2 года назад
It’s criminal you only have 1.8 k subscribers.
@advocacytutor6354
@advocacytutor6354 2 года назад
I see what you did there. 👏👏👏. Thank you for your kind comment.
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