What is Witness Familiarisation? Purpose, Courses, and Ethics

Rather, witness familiarisation helps witnesses better understand the process and procedure of giving evidence, allowing them to deliver their own evidence effectively and allows them to navigate what can be an intimidating and complex legal setting. However, it exists within a sensitive legal and ethical framework, requiring clear distinctions from practices such as witness preparation, witness coaching and proofing of witnesses.

This guide by Loquitur answers the question “What is witness familiarisation?”, explores the purpose and role of witness familiarisation, addressing key components, ethical considerations, and its application across different legal systems. 

By examining best practices and judicial perspectives, we can better understand how witness familiarisation supports and enhances the integrity of legal proceedings without compromising fairness, ethics or justice.

Let’s start with the fundamentals.

What is Witness Familiarisation?

Witness familiarisation is a preparatory process that aims to ensure that witnesses are ready to give testimony in court or other legal proceedings. This process is designed to familiarise witnesses with the courtroom environment, the procedures they will encounter, and the expectations placed upon them. 

It includes practical steps such as introducing witnesses to the layout of the courtroom, explaining the roles of legal professionals, and helping them understand the stages of questioning they will face, such as:

• examination-in-chief (known in the USA as direct examination)
• cross-examination
• re-examination.

The goal of witness familiarisation is not to alter or influence the substance of the testimony but rather to provide witnesses with the tools and understanding necessary to present their evidence effectively. 

By reducing anxiety and helping witnesses feel more comfortable in an often formal and unfamiliar setting, this process ensures that the quality of their testimony is maintained, allowing the legal process to function smoothly and fairly.

Understanding what witness familiarisation entails sets the foundation for exploring its specific purpose in the legal process.

What is the Purpose of Witness Familiarisation?

The primary purpose of witness familiarisation is to prepare witnesses for the procedural and practical aspects of giving evidence in a legal setting. Witnesses, particularly those with no prior experience in a courtroom, may find the formalities like writing a witness statement and questioning methods in cross examination intimidating or confusing. 

Witness familiarisation is intended to alleviate these concerns, enabling the witness to focus on providing accurate and truthful testimony without being overwhelmed by the court’s often intimidating structure.

Additionally, familiarisation aims to reduce the risk of witnesses becoming disoriented or stressed during questioning, which can lead to unintentional errors or omissions in their testimony. By helping witnesses understand the process in advance, familiarisation serves to enhance both the accuracy and reliability of the evidence presented. 

This, in turn, supports the overall integrity of the legal proceedings.

Beyond the purpose, witness familiarisation can vary across different legal systems, and understanding these variations helps clarify how familiarisation practices adapt to diverse legal frameworks.

How Does Witness Familiarisation Vary Across Legal Systems?

The practice of witness familiarisation varies depending on the legal system in place. 

In adversarial legal systems, such as those in the United Kingdom, Australia, and the United States, witness familiarisation is typically permitted within strict guidelines to ensure it does not influence the content of testimony. 

The focus is on educating witnesses about the process of giving evidence, without crossing the line into coaching or rehearsing specific answers.

In contrast, inquisitorial legal systems, such as those found in parts of Europe, may approach witness familiarisation differently. In these systems, the role of the judge is more active in gathering and evaluating evidence, and as such, there may be less emphasis on preparing witnesses for adversarial questioning. In any case, however, the witness’ actual evidence remains unaffected and uninfluenced by any familiarisation sessions undertaken.

However, familiarisation may still take place for Continental style inquisitorial hearings, particularly in complex cases or when witnesses are expected to testify in international courts or tribunals, where legal processes may be unfamiliar to them.

In some settings, familiarisation may involve extensive preparation to ensure witnesses understand the legal system they are engaging with, often including interpreters and cultural advisors.

It is equally important to define what is not considered witness familiarisation to ensure a clear understanding of ethical boundaries in preparation.

What is Not Considered Witness Familiarisation?

It is important to distinguish witness familiarisation from other practices that involve witnesses, including those which might improperly influence a witness’s testimony. Witness familiarisation strictly involves educating the witness about the legal process, their role in it, and what to expect in the courtroom. 

It does not include discussing or rehearsing the substance of their testimony.

For example, instructing a witness on how to answer specific questions or tailoring their testimony to fit a particular narrative would not fall under witness familiarisation. Similarly, familiarisation does not involve providing witnesses with legal strategies or opinions, or a discussion of the actual evidence to be given. 

The process is purely procedural, aimed at ensuring that the witness understands how the courtroom works and how they will be required to give their evidence, but without tampering with or influencing their personal recollection of the facts.

It is important to distinguish between the trial preparation the legal team will do with a witness, and the process of witness familiarisation.

Witness Preparation and Witness Familiarisation

As part of any upcoming hearing in which evidence will be given to the court, the legal team working with a witness will discuss the evidence that witness will be providing at court.  They will also discuss the nature of the likely challenges to that evidence, usually based on the case, the other evidence and the underlying documents. 

This is very normal and an important part of the preparation of any witness for trial. 

However, the legal team are unable to tell a witness how to answer questions when challenged.  They should not do mock trials based on that evidence itself, as it may lead to issues of potentially influencing the evidence to be given and would be prohibited and unethical.

And this is where witness familiarisation comes in.  Witness familiarisation is conducted additional to the solicitors’ and barristers’ court preparation with their own witnesses.  Witness familiarisation allows for a series of rigorous mock cross examination of witnesses based on hypothetical facts, wholly independent of the facts of the case.  In this way, the witness can see and experience first hand the issues faced with giving testimony under cross examination, but can do so ethically and without risk of improperly influencing the evidence itself. 

The key to this is the fact that witness familiarisation is conducted wholly independent of the facts, pleadings and issues before the court.  The training organisation and the barrister who conducts the session are in no way aware of the underlying details of the case.  They cannot and will not discuss the witness’ actual evidence.  Rather they focus on “pressure testing” the witness in various situations, while giving them experience and strategies to cope with the cross-examination process.  This prepares the witness for the rigours of giving evidence without the risk of improper coaching of witnesses.

It is at this point that the key distinction must also be made between witness coaching and familiarisation, as these practices are very different.

How Does Witness Coaching Differ from Witness Familiarisation?

Witness coaching is fundamentally different from witness familiarisation and is strictly prohibited in Australia and other common law jurisdictions. 

Coaching a witness involves actively guiding or rehearsing their testimony in a way that influences their answers to align with a particular legal strategy. This can include telling a witness what to say or how to present facts to benefit one side of the case. In legal terms, coaching a witness is described as “the orchestration of the evidence given” (R v Salisbury [2004], UK).

Answering the question “Is coaching a witness illegal?”— the short answer is “yes”.  Coaching an expert witness or a factual witness is unethical because it undermines the integrity of the legal process and is rightly prohibited. 

Coached witnesses, along with their legal teams, may face severe censure from the court. Justice John Griffiths, in a 2014 speech on ethical issues for legal practitioners, noted that while there is “a fine line between legitimate witness preparation and unethical coaching of a witness,” courts insist on maintaining this distinction. 

This is because coaching the witness compromises the fairness of the trial by altering the witness’s independent recollection of events.

In contrast, witness familiarisation, which is permitted, does not seek to alter or influence the content of the witness’s testimony. Instead, familiarisation focuses solely on preparing witnesses for the procedural aspects of giving evidence, such as understanding courtroom dynamics and managing cross-examination. 

The purpose is to ensure that the witness can provide their evidence confidently and clearly, without changing the substance of what they recall. By maintaining the independence, objectivity and credibility of the witness’s testimony, familiarisation supports the fairness and impartiality of the legal process.

Another related concept, witness proofing, must also be differentiated from familiarisation to maintain clarity on permissible preparation techniques.

What is the Difference Between Witness Proofing and Witness Familiarisation?

Witness proofing and witness familiarisation are often confused, but they serve different purposes within legal proceedings. 

Proofing a witness involves a review of the evidence or documents that the witness may be asked to discuss during their testimony. It typically allows the legal team to ensure that the witness understands the key facts and issues in the case, particularly where complex evidence is involved. 

Witness proofing is more substantive than familiarisation, as it involves a discussion of the details of the case, although it still aims to avoid influencing the witness’s version of events.  It is done by the witness’ legal team and involves a discussion of the actual evidence the witness will give.

By contrast, witness familiarisation is procedural in nature. It focuses solely on preparing the witness for the courtroom environment and does not delve into the details of the case or the evidence.  It is fully independent of the underlying proceedings and thus allows a discussion of the methods tactics and strategies of cross examination independent from and wholly unrelated to the evidence the witness will give.

The line between proofing and witness coaching can appear thin, and many jurisdictions impose strict guidelines to ensure that proofing does not become an opportunity to shape or adjust the witness’s testimony. 

Witness familiarisation, on the other hand, remains a neutral and non-substantive process.

With these distinctions established, we can now explore the key components that make up an effective witness familiarisation process.

What are the Key Components of Witness Familiarisation?

Witness familiarisation involves several key components that ensure the witness is adequately prepared for their appearance in court without crossing ethical boundaries. 

These components include:

Courtroom Orientation

Witnesses are introduced to the layout of the courtroom, including where the judge, jury, legal counsel, and other participants will be situated. This helps to reduce the anxiety that can arise from unfamiliar surroundings.

Explanation of Roles

Witnesses are briefed on the roles of the key participants in the trial, such as the judge, the legal teams (either plaintiff/defendant’s legal counsel or prosecution and defence teams) and the jury (if applicable). This ensures the witness understands who will be asking them questions, what the participants’ roles are in the proceedings and how they should approach their role in particular.

Overview of Court Procedures

Witnesses are informed about the stages of questioning they will face, including examination in chief, cross-examination, and re-examination. They are also made aware of courtroom formalities, such as writing an expert report, addressing the judge, and speaking clearly.

Preparation for Cross-Examination

Witnesses are not coached on how to respond to specific questions.  However, they are familiarised with the types of questioning tactics used in cross-examination, such as leading or challenging questions, logical snares, “boxing in” strategies, rapid fire questioning etc. This prepares them to remain calm under pressure and provide truthful, consistent and coherent responses.

Addressing Practical Concerns

Witnesses may be given practical advice, such as tips on how to manage nervousness, the importance of listening carefully to each question before answering, and maintaining composure throughout their testimony.

Practical Implementation

The witness is then given a chance to apply this information and knowledge gained in a series of mock trials on independent facts. Feedback is given so the witness is able to better recognise, comprehend and understand the process, and be prepared to better articulate their own answers in the future.

These components aim to make the witness feel more confident and informed, ensuring that they can provide their evidence in a clear and composed manner.

As these components highlight, various courses are available to offer comprehensive witness familiarisation, delivered by independent providers.

What Witness Familiarisation Training are Available?

Witness familiarisation courses by Loquitur are designed to equip witnesses with the skills and confidence needed to deliver their testimony effectively in court. Our courses provide practical methods and strategies for giving evidence, focusing on real-world courtroom situations. 

Through rigorous, hands-on witness familiarisation training sessions, witnesses gain the opportunity to implement these skills in a controlled environment, allowing them to better understand the demands of delivering testimony under cross-examination.

Our witness familiarisation courses cater to both expert witnesses—who provide specialised knowledge or opinions in a case—and lay (factual) witnesses, whose testimony is based on personal observations of relevant facts. 

Whether an expert in a specific field or an individual with first-hand knowledge of events, all witnesses can benefit from these comprehensive training programmes.

Course Structure and Delivery

We offer flexible witness familiarisation course formats to suit the needs of witnesses in various legal contexts:

In-Person, Remote, or Hybrid Delivery

Courses can be conducted in person across Australia and internationally, remotely via video conferencing, online with self-paced, or through a combination of both (hybrid model). 

This flexibility ensures that witnesses, regardless of location, can receive the preparation they need in advance of their testimony.

Individual or Group Sessions

While most courses are delivered on an individual basis to focus on the specific needs of each witness, group sessions are also available in certain circumstances. 

Both formats allow witnesses to gain a deep understanding of courtroom dynamics and develop confidence in their ability to testify.

Specialised for Experts and Lay Witnesses

The training is customised depending on the type of witness. Expert witnesses, who provide professional or technical testimony, can enrol in courses specifically designed to help them present their evidence clearly and effectively, often counting toward Continuing Professional Development (CPD) requirements for their profession. Lay witnesses, on the other hand, receive instruction focused on the factual aspects of their testimony.

Course Length and Timing

Loquitur witness familiarisation training are available in half-day, full-day, or online self-paced formats and are typically scheduled shortly before a hearing to ensure the material is fresh and relevant. This “just-in-time” approach helps witnesses prepare for the specific demands of the courtroom environment they will soon face.

Course Content and Learning Objectives

Each course is structured to provide witnesses with a foundational understanding of the legal process and to develop practical skills for giving evidence. The course content includes:

1. Foundations of the Court and Trial Process

An introduction to the structure of the court, roles of participants (judge, jury, legal counsel), and the overall flow of a trial. This provides witnesses with a procedural understanding of what to expect when they appear in court.

2. The Role of a Witness

A detailed explanation of the responsibilities of both expert and lay witnesses, including their role in providing accurate and truthful testimony. This section also explores the importance of neutrality and the witness’s duty to the court.

3. Giving Evidence Under Cross-Examination

Witnesses are trained on what to expect during cross-examination, including common techniques used by opposing counsel. 

Strategies for maintaining composure, responding clearly, and avoiding common pitfalls are provided, ensuring witnesses can navigate this challenging aspect of the trial with confidence.

4. Effective Communication Strategies

Techniques to deliver testimony in a concise and clear manner are taught, enabling witnesses to provide their evidence in a way that is easily understood by judges, juries, and legal professionals. 

This includes guidance on how to listen carefully to questions, think before responding, and avoid speculation or overly technical jargon (for expert witnesses).

5. Psychological Preparation and Confidence Building

For many witnesses, the courtroom can be an intimidating environment. Courses incorporate psychological techniques to reduce anxiety and build the witness’s confidence. 

This is particularly valuable for witnesses who may be inexperienced or feel vulnerable in a legal setting.

6. Mock Trials and Practical Exercises

A key feature of witness familiarisation courses is the use of mock trials and practical exercises. These simulations allow witnesses to practise delivering their testimony and handling cross-examination in a realistic setting, helping to reduce stress and improve overall performance when it matters most.

Some may question the ethics of familiarisation, making judicial perspectives on the matter particularly important.

Is Witness Familiarisation Unethical? A Judicial Perspective

The ethical legitimacy of witness familiarisation has been subject to judicial scrutiny, particularly in jurisdictions where the practice is relatively new. In Australia, for instance, witness familiarisation has not yet been extensively considered by the courts. 

However, in England and Wales, where the practice is more developed, courts have offered clear guidance on the permissible scope of familiarisation.

One of the landmark cases addressing witness familiarisation in criminal proceedings is R v Momodou [2005] EWCA Crim 177. In this case, Lord Justice Judge drew a sharp distinction between witness coaching—which is prohibited—and witness familiarisation, which was deemed acceptable under specific conditions. 

He emphasised that training or coaching witnesses in criminal cases, whether for the prosecution or the defence, is not allowed as it risks influencing or altering the witness’s testimony. However, he clarified that witness familiarisation, aimed purely at preparing the witness for the procedural aspects of giving evidence, is permissible.

Lord Justice Judge stated:

“There is a dramatic distinction between witness training or coaching, and witness familiarisation. Training or coaching for witnesses in criminal proceedings (whether for prosecution or defence) is not permitted…”

“This principle does not preclude pre-trial arrangements to familiarise witnesses with the layout of the court, the likely sequence of events when the witness is giving evidence, and a balanced appraisal of the different responsibilities of the various participants. Indeed, such arrangements…are generally to be welcomed.”

This ruling affirms that procedural familiarisation, such as courtroom tours or explaining the sequence of events, is encouraged to ensure witnesses are not disadvantaged by their lack of understanding of court processes. 

Importantly, Lord Justice Judge emphasised that such familiarisation must not involve discussing or rehearsing the content of the testimony, ensuring the witness’s evidence remains uncontaminated and authentic. 

Proper familiarisation can help reduce anxiety and allow the witness to present their evidence more clearly, without interfering with the integrity of their testimony.

In the civil context, the case of Ultraframe (UK) Ltd v Fielding & Ors [2005] EWHC 1638 (Ch) also addressed witness familiarisation. Mr. Justice Lewison (as he was then) considered the role of a familiarisation programme and concluded that there was nothing objectionable in preparing witnesses for the experience of giving evidence in court. 

He noted that providing witnesses with general guidance on how to behave in court is common practice and does not infringe upon the integrity of their testimony.

“The first part of the programme was an introduction to the theory, practice and procedure of giving evidence… I do not see anything objectionable in any of this. It is a common experience that anxious witnesses are given general guidance on how to behave in court.”

These judicial perspectives highlight a clear acceptance of witness familiarisation as a useful tool, provided it remains focused on the procedural aspects of giving evidence. The courts are careful to maintain a balance, allowing familiarisation to assist witnesses in delivering their testimony confidently, while strictly prohibiting any practices that could influence or distort the content of their evidence.

To ensure ethical and effective familiarisation, certain best practices have been established, helping legal professionals navigate the process correctly.

What are the Best Practices for Witness Familiarisation?

To ensure witness familiarisation is conducted ethically and effectively, there are several best practices that legal professionals and organisations should follow:

Transparency

The familiarisation process should be transparent to all parties involved, including the court. Keeping a clear record of what was discussed during familiarisation sessions can help prevent any later claims of witness coaching or unethical conduct.

Focus on Procedure and Practicalities, Not Content

The key principle behind witness familiarisation is that it should focus solely on the procedural and practical aspects of giving evidence. Witnesses should be prepared for the environment and process, not for the specific content of their testimony. 

This ensures the integrity of their evidence which remains uncontaminated and uninfluenced by the preparation process.

Use of Independent Providers

Witness familiarisation should be conducted by independent providers and practising legal professionals to avoid any conflict of interest or the appearance of coaching. 

This separation helps ensure that the process remains neutral and fair.

Special Considerations for Vulnerable Witnesses

Vulnerable witnesses, such as children or individuals with cognitive impairments, may require additional support during familiarisation. 

Best practices in these cases include tailoring the familiarisation process to the needs of the witness, providing extra time for them to familiarise themselves with the courtroom environment, and ensuring they have access to any special assistance required during the trial.

Judicial Oversight

Some jurisdictions recommend or require judicial oversight of the witness familiarisation process. This can involve the court being informed of the nature of the familiarisation or approving the procedures in advance, ensuring that the process remains within ethical bounds.

Adhering to these best practices ensures that witness familiarisation is conducted in a manner that upholds both the fairness of the trial and the reliability of the testimony.

Looking ahead, witness familiarisation is likely to evolve, with key trends shaping its future role in the legal system.

What is the Future of Witness Familiarisation?

As legal systems evolve and adapt to modern challenges, the practice of witness familiarisation is likely to grow in importance and sophistication. Several trends are shaping the future of this essential process.

Increased Use of Technology

With the rise of remote hearings and virtual courtrooms, particularly following the COVID-19 pandemic, witness familiarisation is increasingly incorporating digital tools. Virtual courtroom tours and online familiarisation sessions allow witnesses to prepare for their testimony without the need to visit a physical courtroom. 

This is particularly useful in international cases or for witnesses who face logistical challenges in attending pre-trial meetings.

Technology is also being used to develop more interactive and immersive familiarisation experiences, allowing witnesses to better understand the courtroom environment. For example, virtual reality (VR) technology could become a valuable tool for witnesses to explore courtroom settings in a realistic way, reducing anxiety about the unfamiliar surroundings.

Focus on Vulnerable Witnesses

As awareness grows around the unique needs of certain witnesses, there is likely to be an increased focus on tailoring familiarisation processes to meet their specific requirements. 

This may involve specialised training for legal professionals and the development of enhanced support mechanisms to ensure that vulnerable individuals can give their best evidence. For example, trauma-informed familiarisation techniques could be developed for witnesses who have experienced significant psychological distress.

Globalisation and Cross-Jurisdictional Cases

With the increasing complexity of cross-border legal cases and international tribunals, witness familiarisation is becoming more global in its approach. Witnesses may be required to testify in legal systems that are entirely foreign to them, necessitating more in-depth familiarisation processes to ensure they understand the procedures and expectations of a different legal framework. 

International bodies, such as the International Criminal Court, will continue to refine familiarisation practices to ensure that they are appropriate for witnesses from diverse cultural and legal backgrounds.

Strict but Detailed Ethical Guidelines

As the line between familiarisation, proofing, and coaching remains a point of important distinction, it is likely that courts and legal bodies will continue to refine and strictly enforce ethical guidelines around witness preparation. This will include more detailed oversight of the familiarisation process to ensure that it remains purely procedural and does not cross into influencing testimony. 

Clearer rules may emerge about how much familiarisation is appropriate, particularly in complex or high-profile cases where the risk of coaching could be perceived to be higher.

Judicial and Legislative Reforms

As the practice of witness familiarisation gains greater recognition in both domestic and international courts, future reforms may see courts taking a more active role in overseeing familiarisation practices. 

Legislative changes may also codify familiarisation procedures, providing clear legal frameworks that regulate the process and protect the rights of witnesses while ensuring fairness in the trial process.

With all these factors in mind, witness familiarisation will remain an essential and evolving part of ensuring fair trials and high-quality evidence.

Conclusion

Witness familiarisation plays an essential role in modern legal systems, ensuring that witnesses are properly prepared for the often-daunting experience of giving evidence in court. 

By focusing on procedural readiness rather than influencing the content of testimony, familiarisation supports the fair administration of justice while maintaining the integrity of the legal process.

As legal systems continue to evolve and adapt to new challenges, including the increased use of technology and the growing complexity of international cases, witness familiarisation will undoubtedly become an even more important tool. 

However, it must be carried out ethically and transparently, with clear boundaries in place to preserve the objectivity and fairness of witness testimony.

By following best practices and staying attuned to future developments, legal professionals can ensure that witness familiarisation remains a valuable and legitimate part of the justice system.

Ready to equip your witnesses with the confidence and clarity they need? 

Contact Loquitur today and ensure your witnesses are fully prepared for the courtroom.