Cross-examination
Cross-examination is the questioning of a witness called by the other side. Its purpose is to test their evidence, draw out facts that help your case, and put your case to them.
The rules in England and Wales
- Leading questions are allowed. Unlike in examination-in-chief, you may suggest the answer: "You were standing at the bus stop?"
- You must put your case. If you will say the witness is wrong about something, you must give them the chance to answer it (Browne v Dunn (1893)). Failing to do so can stop you relying on the point in your speech.
- Previous inconsistent statements. A witness can be confronted with an earlier statement that differs from their evidence, under the Criminal Procedure Act 1865, ss 4–5: identify the occasion first, then put the passage.
- Collateral matters are final. On matters going only to credit, you generally have to accept the witness's answer and cannot call evidence to contradict it.
- Bad character of a non-defendant witness needs the court's leave under the Criminal Justice Act 2003, s 100.
- Protections for some witnesses. There are limits on questions about a complainant's sexual history (Youth Justice and Criminal Evidence Act 1999, s 41), and courts set ground rules for vulnerable witnesses.
Technique: keeping control
- One fact per question. Short, leading questions the witness can only agree with.
- Never ask why. An open question hands the witness the floor to explain.
- Know the answer before you ask. Build only on facts you can prove from the papers.
- Commit, credit, confront. Lock the witness to today's account, build up the earlier statement, then put the contradiction.
- Stop when you have the point. The last question too many is the one that lets the witness repair the damage.
These principles are the core of the classic lists of cross-examination "commandments" — they are easy to state and hard to follow under pressure, which is why they need practice out loud.
Practise it
Our advocacy trainer puts you in front of an AI witness who answers by voice. The previous-inconsistent-statement drill marks each of your questions against the steps above.
Questions
What does cross-examination mean?
Questioning a witness called by the other party, to test their evidence, obtain helpful facts and put your own case to them.
Can you ask leading questions in cross-examination?
Yes. Leading questions are permitted in cross-examination, and good cross-examiners use them almost exclusively.
What is the difference between cross-examination and examination-in-chief?
Examination-in-chief is the questioning of your own witness, mainly with open questions; cross-examination is the questioning of the other side's witness, mainly with leading questions.
What is the rule in Browne v Dunn?
If you intend to contradict a witness on a significant point, you must put that point to them in cross-examination so they can respond.
Exam rules, fees and dates come from the SRA and change over time — sqe.sra.org.uk is authoritative. Last reviewed October 2026.