Prior Statements in Criminal Trials: Principles and Practice

2 hours verifiable CPD

Referring to prior statements is often a routine part of trial practice in both summary and solemn proceedings. The case of Brown vs. His Majesty's Advocate [2024], reaffirmed the judiciary’s commitment to maintaining procedural integrity in the use of prior statements within criminal trials. However, there remains a degree of uncertainty among practitioners about when and how such statements can properly be used in court.

Designed for criminal practitioners looking for an introduction or a refresher, this session focuses on how to effectively utilise prior statements during the examination of witnesses in court. You’ll gain a clear understanding of the general principles and legal framework surrounding the use of prior statements, including when and how they may be deployed in examination-in-chief, cross-examination, and re-examination.

You will also have the opportunity to engage with the speaker and ask any questions about the subject matter.

Learning outcomes:

• The general principles relating to prior statements and their use in criminal trials
• Understand the law pertaining to the use of prior statements in criminal trials
• Learn when and how to effectively use a prior statement, with reference to the appropriate legislation/case law, in your examination of a witness