Giving Evidence as a Professional Witness: Top Tips
By Bob Denaro (KPM) @ BDG Training Team · July 2026
Listen to the question. Pause to think. Answer clearly and at a slow pace and direct your answers to the judge or magistrates, not to the advocate.
Before you enter the witness box
• Read your statement — multiple times. It forms the basis of every question you will face.
• Request sight of it in advance. Courts have approved this.
• Read all exhibited documents. Know your case materials inside out.
• Pre-empt challenges. Be ready on continuity, exhibit integrity and disclosure.
In the witness box
• Avoid jargon — explain any technical terms you must use.
• If you don't know, say so. Honesty is your strongest answer.
• Never guess or bluff. Stay within your expertise.
• Stay calm. Cross-examination is not personal.
Cross-examination tactics to expect
Cross-examination is a structured attempt to undermine your evidence. Expect suggestions that you are mistaken or dishonest; attacks on process (disclosure, continuity, exhibit integrity); minor discrepancies used to erode reliability; and courteous advocates who are nonetheless trying to discredit you.
Memory refreshing
Giving evidence is not a memory test. Under s.139 Criminal Justice Act 2003, you may refresh your memory from your statement if your recollection at the time of writing was significantly better than it is now.
Know what NOT to say
• Bad character evidence not already admitted
• Hearsay not already admitted
• Unfairly obtained evidence — for example, coercion or entrapment
• Irrelevant material — keep to what matters
• Protected personal data — addresses and similar data under DPA/GDPR
If in doubt — ask your legal team before you enter the witness box.
If your team has made an error
Be candid and honest — do not deflect blame. Demonstrate you understand what went wrong and why, and explain what steps have been taken to minimise the impact.
Training that covers this
BDG's Court Skills / Witness Familiarisation course covers preparation, delivery, memory refreshing and handling cross-examination — including mock court scenarios.
This article is adapted from the BDG Investigator Bulletin, Edition 4 (July 2026). Download the full edition free — and subscribe to receive each monthly edition by email.
This article is provided for professional development purposes and does not constitute legal advice.
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