ACTUAL ENCOURAGEMENT

Fairness could demand that, even though a witness was not adverse, a defendant was entitled to bring out previous consistent statements to enhance that witness’ evidence for the defendant’s benefit. Where witnesses had been truly interfered with to the point that they had given evidence against the defence, when without the interference they would have given evidence for the defence, the judge had the power to stop the trial.

[2001] EWCA Civ 730