Cross-examination is when
a witness is asked questions by the other person or lawyer
in the case. One reason for cross-examination is to test
the witness’ evidence. Another reason is to obtain
evidence which the witness did not give and which may
favour the other person.
There are a number of useful
points to remember as a witness:
You should listen carefully
to the whole question, think about it and answer it
by saying no more than what is necessary to answer it.
It is important not to
answer other questions which you think that you might
be asked and not to use the opportunity to offer an
opinion about the case.
If you do not hear the
whole question or are not sure that you did, ask for
it to be repeated.
If you cannot understand
a question, say so, and the person or lawyer will try
to express it better.
Try to answer each question
truthfully and to the best of your recollection.
If you do not remember
something or your memory is not good, do not be afraid
to say so.
You should never argue
with or try to question the cross-examiner.
If a question can be
answered simply by ‘yes’ or ‘no’,
answer it in that way. You should only say more if the
question cannot be answered in this way.
If you have a copy of
your affidavit, take it with you into the witness box
but do not read it or even open it in front of you unless
you are asked to do so.
If you are feeling ill,
tired or distressed and would like a break for a few
minutes, ask the Judge.
All your evidence will
be recorded through the microphone in front of you.
Gestures, such as nodding
of the head are not recorded. Try to speak clearly and
audibly at all times so that everything you say will
be clearly recorded.
