What You Need to Know About s38 Cross-Examination

What You Need to Know About s38 Cross-Examination

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Course Overview

Following the introduction of a new Practice Direction in April 2018, this 20-minute session will examine how the legislation, practice and procedure in relation to s38 cross-examination has changed.

Lecturer, criminal practitioner and part-time deputy district judge Olwen Davies will discuss the Criminal Procedure Rules and relevant case law with a view to answer the following questions:

  • When should an appointment be made?
  • Who can or should be appointed?
  • What materials should you be given and when?
  • Who do you owe a duty to?
  • Who decides if you can stay on beyond the cross-examination?
  • Which hearings beside trial should you attend?
  • Can you refuse an appointment?
  • Who pays and how?


What are the requirements?

  • Watch the recorded webinar, review the slides and complete the optional evaluation form to test your legal knowledge.

Learning Outcomes

  • On completion of this course you will:
  • • Be familiar with the April 2018 Practice Direction and its impact on anyone offered a court appointment or undertaking a s38 cross-examination
  • • Be aware of the pitfalls to watch out for when undertaking s38 work
  • • Have considered the issue of payment in both the Magistrates and Crown Court including how you can lose out by representing the defendant once the s38 appointment is fulfilled

What is the target audience?

  • Criminal advocates

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About Instructor - Olwen Davies

Admitted in 1990, Olwen is freelance solicitor-advocate with extensive experience in both defence and prosecution work from the magistrates' court to the Court of Appeal. Olwen has lectured at post- graduate level and has presented many CPD courses for the legal profession, the police, Health and Safety Executive and others. Olwen is the co-author of Jordan's Criminal Practitioners Guide to the Criminal Justice Act 2003 and is an avid supporter of Save UK Justice and the campaign to stop cuts to legal aid and the criminal justice system.

Course Curriculum

Recorded Webinars

  • Webinar
    00:24:37

Supporting Documentation

  • Slides
    27 Page
  • Problem Scenario
    2 Page

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