Pre-trial move backed

Criminal defence solicitors have this week given a cautious welcome to plans that will allow Crown Prosecution Service lawyers to interview witnesses pre-trial - although they have warned against using the practice to turn prosecutors into US-style district attorneys.

In launching a consultation on the issue last week, Attorney-General Lord Goldsmith QC said introducing pre-trial interviews would help prosecutors make a better assessment of witness credibility, weed out weak cases, and give the police more informed legal advice earlier.

He said the move would also put reluctant witnesses at ease and help to identify those cases that appeared flimsy on paper but would benefit from strong witness testimony.

'This proposal will help to narrow the justice gap,' he argued.

The consultation paper moots issues such as what form the interview should take, at which stage it should be held and which safeguards should be put in place to prevent witness 'coaching'.

Rodney Warren, director of the Criminal Law Solicitors Association and chairman of the Law Society's access to justice committee, said it was 'sensible' that the prosecution should be aware in advance of the quality of witnesses and the evidence they will give.

'However, it must be approached with a note of caution as it may blur the boundaries between the role of the service as prosecutors and investigators, sending them down the road of becoming district attorneys with additional powers of investigation,' he warned.

Paula Rohan