Page 84 - When Things Go Wrong

Gateway (TAG) [which] provide excellent guidance for legal professionals on
how to approach the questioning of vulnerable witnesses”. 227 Those Working
Parties found that although “current training and guidance on adaptive styles
of questioning and treatment tends to concentrate on ‘vulnerable’ and
‘intimidated’ witnesses”, 228 the techniques learnt (could and indeed should)
have broader application. 229

5.10 We consider that there is much to be learnt from best practice developed for
cross-examination in criminal trials. This was an impression enthusiastically
greeted by consultees with practices straddling both jurisdictions.
Consequently, we recommend that advocates and coroners questioning
witnesses in inquest and inquiry hearings should be required to complete
the ICCA Advocacy and the Vulnerable training programme. Further, we
recommend that the Advocate’s Gateway should consider providing a
toolkit for questioning witnesses in inquests and inquiries.

Limitations on questioning witnesses in inquiries

5.11 Questioning of witnesses in public inquiries is governed by Rule 10 of the
Inquiry Rules 2006, which stipulates that only the CTI may ask questions of
witnesses, subject to limited circumstances in which a legal representative of
a witness or core participant is directed by the chair to ask questions, 230 or
makes an application to do so. 231

227 JUSTICE (2019), supra note 19, para 3.55. As noted in the corresponding footnotes: The Advocacy
and the Vulnerable training programme has been designed to ensure that all advocates, when dealing
with vulnerable witnesses, understand the key principles behind the approach to and questioning of
vulnerable people in the justice system, irrespective of the nature of the allegation, or the jurisdiction in
which the advocate appears: see the ICCA website. The Advocate’s Gateway provides free access to
practical, evidence-based guidance on vulnerable witnesses and defendants. It currently has 18 toolkits,
for criminal, civil and family jurisdictions, and cross-cutting general guidance. See also JUSTICE
Working Party report, Prosecuting Sexual Offences (2019), para 4.57-8.
228 Ibid, para 3.54.
229 Ibid, paras 3.57-58.
230 The Inquiry Rules 2006, r. 10(2).

231 Ibid, rr. 10(3)-(5).
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