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salisbury case, june 2004
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Call for health care staff to receive witness training
Nursing Times by Jo Hartley, 30 June 2004
Nurses should be given training on giving evidence in court, a senior nurse and legal experts said last week. The call was made in response to the trial of nurse Barbara Salisbury, who was found guilty earlier this month of attempting to murder two older patients.

Around 66 nurses and other health care professionals who worked at Leighton Hospital in Crewe, where Ms Salisbury was a sister, were called as witnesses during the trial. Hundreds of pages of statements were taken and the hospital’s records examined as part of the 18 month long police investigation leading up to the trial.

Mid Cheshire NHS Hospitals Trust offered staff training on providing written and oral evidence, as the court case was causing anxiety and stress. The three-day course was conducted by InPractice, a company specialising in educating health care staff in medico-legal issues.

It covered statement writing, oath taking, cross-examination and courtroom procedure in criminal, civil and coroner’s courts. But it did not discuss the Salisbury trial, as UK law prohibits witnesses from rehearsing evidence.

Speaking to Nursing Times last week,
Barbara Pennington, director of nursing at Mid Cheshire NHS Hospitals Trust said the case had made it clear that preparing people for all types of court appearances was needed. The training also highlighted the importance of accurate documentation in nursing records.

  What has come out of the training for the whole organisation is that people
have realised how important it is to be factual and clear’, Ms Pennington said. Kate Hill, Managing Director of InPractice, added: ‘Nurses have to give evidence as part of their job, they get training on all other aspects of their job so why not on this?’

Mr Justice Pitchford, the judge presiding over the Salisbury case, held at Chester Crown Court, also gave his support to witness training. During the trial the defence challenged the training given to hospital staff, claiming it amounted to ‘coaching’.The trial was stopped for four days while the judge heard legal debate.

He ruled that the training was lawful. In a written judgment Mr Pitchford said: ‘This seems to me an exercise any witness would be entitled to enjoy were it available’.

Mr Pitchford added that the training
had given the staff valuable knowledge on the pitfalls of giving evidence and advised them how best to prepare for the ordeal. Last week InPractice called for national guidance on witness training to ensure the NHS could be confident it could support its staff if they are called to give evidence.
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