British Law On Hypnotising Witnesses

In Britain, hypnotising witnesses is banned.  According to the Crown Prosecution Service (CPS), there is a strong chance that information obtained in this manner will be unreliable.

It is true that events recalled under hypnosis become unshakable in the mind of the client and thus difficult for the defence lawyers to question in their cross examination.  It is also possible that, depending on the client’s psychology, the hypnotherapist or police may unwittingly say something prior to or during the session that the client takes on board as fact during hypnosis.  The client may even have fantasized about the situation and in hypnosis this fantasy could appear factual.

The hypnotist may also be called to give evidence, although there is no law about how admissible their evidence may be.

For up to date information on the role of hypnosis in legal matters the CPS has a dedicated page on its website.  There is also an interesting article on interviewing methods, including the accuracy of cognitive interview techniques in the New Scientist.