ABSTRACT
Leading questions are any questions that unfairly suggest the answer that is required. This is not generally considered to be an absolute rule. Advocates will often lead the witnesses on preliminary matters that are not disputed. Bearing in mind that a prosecutor will not always know all the areas of dispute, leading questions should be avoided on any issue that might be contentious. The workings of the principle(a) can present problems even for the most experienced advocate. It is, of course, permissible to lead on a fact that has already been established, but not otherwise-for example, in a plying for hire prosecution, an advocate may ask the question: ‘How long was the taxi waiting outside the public house?’ This question may only be asked if the witness has already given evidence that the defendant was waiting outside a public house.
