It is frequently the case that in preparing defence precognitions a statement will have to be taken from a witness who is an untried prisoner. Almost without exception an untried prisoner will have a solicitor representing him.

An untried prisoner on remand must be known to be represented by a solicitor and that another solicitor seeking to take a statement from such a person in connection with another case should not communicate directly with the untried prisoner but should request permission to precognosce him through his own solicitor. The precognoscing solicitor should only discuss the case in which he is involved and should not attempt to discuss the case in which the witness is himself or herself awaiting trial. (See rules B1.14 and B3.2).