Refreshed Testimony: What is it and should we be doing it?

Abstract

Cross-examination is thought by some to be the main safeguarding process in an adversarial trial but it is often used as an opportunity to discredit witnesses. For example, the use of complex language can confuse witnesses, particularly those who are young and vulnerable, exposing errors and inconsistencies in their statement that may not exist. To put individuals at ease before a court appearance the courts in England and Wales allow witnesses to review a copy of their original testimony. The idea is to refresh their memory before cross-examination. Whilst this option is available it is not always offered therefore, if ‘refreshing’ is beneficial to memory, some witnesses may be at a disadvantage in the courtroom. This presentation will discuss what it means to ‘refresh’ memory and will describe a study which aims to assess the effect of this process on the accuracy and consistency of a witness’ memory during cross-examination. Participants experienced a live event, and were interviewed following Achieving Best Evidence guidelines, and later cross-examined. Prior to cross-examination, half the participants were shown a video-recording of their original interview (refreshing condition) and half were shown an unrelated video (control condition). The results of this study will be discussed.