ABSTRACT

The ability to take a good proof of evidence from your client or a witness of fact is an essential skill for the criminal litigator. The purpose of taking a proof is to record the client’s instructions in writing for the use of the advocate. This can be for the purpose of applying for bail (see 2.2 above), making a plea in mitigation or conducting a defence in the magistrates’ court or Crown Court. This unit will deal first with the client, including the vulnerable client and the client without English as a first language. It will then deal with taking proofs for witnesses of fact (including prosecution witnesses), expert witnesses and character witnesses.