BPTC Advocacy Skills 2 — Questions and Answers
Question 1: In magistrates' court advocacy, what is the correct order of a summary trial?
- Defence opening, prosecution evidence, defence evidence, closing speeches
- Prosecution opening, prosecution evidence, defence evidence, closing speeches (Correct answer)
- Prosecution evidence, prosecution opening, defence evidence, verdict
- Defence evidence, prosecution evidence, closing speeches
Correct answer: Prosecution opening, prosecution evidence, defence evidence, closing speeches
A summary trial follows the prosecution's opening, their evidence, the defence's evidence, and then closing speeches before the magistrates retire.
Question 2: What is the purpose of a 'bad character' application under the Criminal Justice Act 2003?
- To exclude a defendant's previous good character
- To admit evidence of a defendant's or witness's previous misconduct (Correct answer)
- To challenge the credibility of an expert witness
- To apply for a stay of proceedings
Correct answer: To admit evidence of a defendant's or witness's previous misconduct
A bad character application under the CJA 2003 allows a party to admit evidence of previous misconduct or convictions that are relevant to an issue in the case.
Question 3: Which advocacy skill is most important when making a bail application?
- Using technical legal jargon to impress the court
- Identifying and addressing the specific grounds the court is concerned about (Correct answer)
- Reading the full custody record aloud
- Repeating the client's instructions verbatim
Correct answer: Identifying and addressing the specific grounds the court is concerned about
Effective bail advocacy targets the precise statutory grounds for refusing bail and offers sureties or conditions that directly answer each concern.
Question 4: When examining a witness in chief, leading questions are generally:
- Permitted on all matters
- Prohibited on disputed matters (Correct answer)
- Required for hostile witnesses
- Obligatory for expert witnesses
Correct answer: Prohibited on disputed matters
Leading questions are not permitted on contested issues in examination-in-chief because they suggest the desired answer to the witness.
Question 5: What is the 'Browne v Dunn' rule as applied in English advocacy?
- Hearsay evidence must be disclosed before trial
- If you intend to contradict a witness, you must put the contradiction to them in cross-examination (Correct answer)
- An advocate must not comment on silence
- Expert evidence must be agreed before trial
Correct answer: If you intend to contradict a witness, you must put the contradiction to them in cross-examination
The rule from Browne v Dunn requires an advocate to challenge a witness on any evidence they intend to contradict, giving the witness a fair opportunity to respond.
Question 6: A barrister's closing speech in a Crown Court trial should primarily:
- Introduce new evidence not raised during the trial
- Draw together the evidence and apply it to the legal directions the judge will give (Correct answer)
- Repeat verbatim the opening speech
- Summarise the opposing side's arguments favourably
Correct answer: Draw together the evidence and apply it to the legal directions the judge will give
The closing speech weaves together the factual evidence and the legal framework, guiding the jury toward the conclusion that favours the advocate's client.
BPTC Advocacy Skills 2
In magistrates' court advocacy, what is the correct order of a summary trial?