Regulation 12

The following principles guide the interpretation of this rule.Principles(a)A legal practitioner must ensure that the legal practitioner acts in a manner consistent with the administration of justice when dealing with any witness, regardless of the effect or potential effect of the evidence given or to be given by that witness.(b)A legal practitioner must exercise the legal practitioner’s own judgment both as to the substance and the form of the questions put or statements made to a witness.

A legal practitioner must not, except with the permission of a court or tribunal, interview or discuss, with a witness whom the legal practitioner has called in proceedings before the court or tribunal, at any time after the start and before the end of the cross‑examination of that witness, the evidence given or to be given by that witness or any other witness.

A legal practitioner must not, by asserting in a statement to a court or tribunal, make any allegation against a witness whom the legal practitioner cross-examined or was given an opportunity to cross-examine, unless the legal practitioner has given the witness an opportunity to answer the allegation during cross-examination.

A legal practitioner must not suggest that a witness or any other person is guilty of any offence or conduct, or attribute to a witness or any other person any offence or conduct of which the legal practitioner’s client is accused, unless the suggestion or attribution relates to a matter in issue (including the credibility of the witness) which is material to the client’s case and which appears to the legal practitioner to be supported by reasonable grounds.

A legal practitioner must not make any statement, or ask any question, which is scandalous, is intended or calculated to vilify, insult or annoy a witness or any other person, or is otherwise an abuse of the function of the legal practitioner.

A legal practitioner may interview and take statements from any witness (including a prospective witness) at any stage in the proceedings, whether or not that witness has been interviewed or called as a witness by any other party to the proceedings or by the prosecution (in the case of criminal proceedings).

However, if the legal practitioner is aware that the witness has been called to appear in a court or has been issued an order to attend court by any other party to the proceedings or by the prosecution (in the case of criminal proceedings), the legal practitioner must inform that other party’s legal practitioner or the prosecution (as the case may be) of the legal practitioner’s intention to interview or take statements from the witness.

A legal practitioner —