The role of a witness in a criminal trial does not include making legal arguments.

A witness has a duty to honestly answer any questions posed by counsel for the prosecution and for the defence, not to act as an advocate for a particular position by drawing legal conclusions. Witnesses must refrain from making legal submissions or comments about any theories of the case in their testimony.

Civilian witnesses who tend to pontificate about the legal elements of the alleged offence or to argue the case during preparation for trial will need clear direction from counsel as to the proper scope of their evidence before testifying in court.

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