Is coaching the witness allowed?
The short answer is no.
However, witness familiarisation and performance psychology coaching are permitted.
What’s the difference?
The R v Momodou decision recognised the risks of witness coaching—particularly the danger that it may alter or contaminate a witness’s recollection. However, the court also confirmed that this does not prevent appropriate pre-trial preparation to help a witness understand the experience of giving evidence.
Both the Law Society and the Bar Council provide clear guidance on witness familiarisation, including safeguards to ensure that evidence is not influenced.
The principle is simple:
A witness must give their own independent evidence, free from influence—whether deliberate or unconscious.
As emphasised in Momodou, even well-intentioned preparation can create risks, including:
Subtle changes in emphasis
Alignment with perceived expectations
Unintentional “tailoring” of evidence
These risks apply not only in criminal cases but are widely understood to extend to civil proceedings as well.
So what is allowed?
We provide witness performance training—a lawful and ethical service focused on how you communicate, not what you say.
Our approach includes:
Understanding the court process and environment
Building confidence in giving oral evidence
Techniques to remain calm, focused, and clear under pressure
Improving communication in the witness box
We do not discuss your evidence, facts, or legal issues.
You retain your legal representatives at all times.
Why this matters
Most witnesses—regardless of background—find court unfamiliar and stressful. This can affect:
Clarity of thought
Confidence
Communication
Even honest and well-prepared witnesses may struggle to present their evidence effectively under pressure.
Witness performance training helps you:
Stay calm
Think clearly
Communicate effectively
Who we help
We support clients experiencing:
Anxiety or “pre-match nerves”
Mental overload or lack of focus
Frustration or heightened emotions
Language or communication barriers
Previous negative court experiences
When should a lawyer refer a client?
Timing depends on:
Case development
Court timetable
Client readiness
Early engagement allows us to assess communication style and begin targeted preparation.
Our services
2-hour consultation (Zoom or in person): £450 (no VAT)
Personal inventory profile (recommended): £180
Waiting time: £95 per hour
Travel: £0.35 per mile
Follow-up email + call (15 mins): Included
Final thought
This is not about coaching a witness on their evidence, this is about improving a witnesses ability to communicate clearly to assist the court. It’s about ensuring witnesses can present their own evidence clearly, confidently, and effectively.
The Legal Bit
Extract from R v Momodou [2005] EWCA Crim 177.
"The witness should give his or her own evidence, so far as practicable uninfluenced by what anyone else has said, whether in formal discussions or informal conversations. The rule reduces, indeed hopefully avoids any
possibility, that one witness may tailor his evidence in the light of what anyone else said, and equally, avoids
any unfounded perception that he may have done so. These risks are inherent in witness training. Even if the
training takes place one-to-one with someone completely remote from the facts of the case itself, the witness
may come, even unconsciously, to appreciate which aspects of his evidence are perhaps not quite consistent
with what others are saying, or indeed not quite what is required of him. An honest witness may alter the
emphasis of his evidence to accommodate what he thinks may be a different, more accurate, or simply better
remembered perception of events."
Judge LJ's opinion applies to criminal cases, but the Bar has suggested in its guidance that his prescriptions also apply to civil cases.
Guardian Article which sets out the background to the rules which explain what you can and cannot do.
Why lawyers can't coach witnesses | Richard Moorhead | The Guardian
