Question 1 of 10

You are representing a Defendant in the Crown Court. Your client has told you privately that he admits being present at the scene of the crime, a robbery, but he did not carry out the robbery. You conduct your cross-examination of a police witness on that basis, i.e. you do not challenge the evidence that your client was at the scene. When the Defendant comes to give evidence, he denies that he was present at the scene. The judge notices that you did not challenge the police witness on this point and, having sent the jury away, demands that you make it clear to the jury upon their return whether you forgot to challenge that evidence in your cross-examination, or whether your client has changed his story. What should you do in this situation?

A. You should admit that it is your fault and agree to rectify the position when the jury returns by re-examining your client and asking why he has changed his position on this piece of evidence. B. You should apologise to the judge, admit that it is the Defendant’s fault and disclose the fact that your client now appears to have changed his instructions on this piece of evidence and you had no earlier notice that he intended to do so. C. You should tell the judge that in your opinion the police officer was lying, and the judge can simply tell the jury that in summing up. D. You should say to the judge that “it is not appropriate for me to answer that question”, as to answer it would be a breach of privilege. It would necessarily involve revealing your client’s private instructions to you, which are confidential. You should then apply for a short adjournment to take instructions from your client. If your client maintains that he was not present at the scene, you should ask for the police officer to be recalled so that you can put that point to him in cross examination. If you don't give the officer the opportunity to answer the point, you cannot rely on it in your closing speech.