Presentation of Evidence
To establish and enhance the credibility of your case, ensure your evidence is consistent with the established facts, common sense and within itself. If one of your witnesses gives inconsistent evidence this will cast doubt on the remainder of their evidence. By way of an example, a witness says that X was wearing an orange t-shirt at the scene. In his evidence X denies he was wearing an orange t-shirt because he does not have one. The prosecution then produce CCTV footage showing X wearing an orange t-shirt. This would cast doubt on X’s statement and it will also undermine the whole of his testimony. You therefore need to ensure that your evidence will be consistent to avoid it being undermined.
When planning your submission you need to consider which witnesses to call and the order in which they are called. In doing this, remember that this order needs to develop your narrative as your witnesses are telling your story. When considering the order in which to call your witnesses remember that your story needs to be presented in a logically progressive way. This will make it easier for the listener to follow and understand your case. Do not be too stringent however in deciding the order in case any last minute problems arise. You need to be able to adapt your evidence accordingly. Once you have decided the order in which your witnesses will appear, you need to think about your questions.
Updated 13 March 2026
This article sets out general principles about presenting evidence and calling witnesses that remain broadly accurate as a matter of practice. The guidance on witness consistency, credibility, and the ordering of witnesses reflects well-established principles that continue to apply in English and Welsh courts. No specific statutory provisions or cases are cited in the article, so there are no direct legal references to have become outdated. However, readers should be aware that the article is introductory in nature and does not address specific procedural rules governing the calling and examination of witnesses, such as those found in the Criminal Procedure Rules 2020 (SI 2020/759) or the Civil Procedure Rules 1998 (as amended). Students should consult those rules, alongside current editions of standard evidence textbooks, for a complete and procedurally accurate picture.
