BPTC Advocacy and Oral Skills 2 — Questions and Answers
Question 1: What is the purpose of re-examination in witness evidence?
- To introduce entirely new topics not covered in examination-in-chief
- To ask leading questions to bolster the witness's credibility
- To clarify or repair matters arising from cross-examination that may have left the witness's evidence unclear or damaged (Correct answer)
- To allow the witness to change their testimony
Correct answer: To clarify or repair matters arising from cross-examination that may have left the witness's evidence unclear or damaged
Re-examination is limited to matters arising from cross-examination. Its purpose is to give the witness an opportunity to clarify or explain answers given during cross-examination that may have been ambiguous, incomplete, or potentially misleading. Leading questions are not permitted in re-examination.
Question 2: A witness becomes hostile during examination-in-chief. What may the advocate apply to the court for?
- Permission to treat the witness as hostile, allowing the use of leading questions and cross-examination techniques (Correct answer)
- An immediate adjournment
- The witness to be held in contempt of court
- The witness's evidence to be struck from the record entirely
Correct answer: Permission to treat the witness as hostile, allowing the use of leading questions and cross-examination techniques
Under section 3 of the Criminal Procedure Act 1865, if a witness proves hostile (unfavourable and unwilling to tell the truth), the party calling them can apply to the judge for permission to treat the witness as hostile. This allows the advocate to cross-examine their own witness, including using leading questions and putting previous inconsistent statements.
Question 3: In a closing speech at a criminal trial, what must the defence barrister avoid doing?
- Summarising the evidence favourably for the defendant
- Expressing their personal opinion as to the defendant's guilt or innocence (Correct answer)
- Highlighting weaknesses in the prosecution's case
- Reminding the jury of the burden and standard of proof
Correct answer: Expressing their personal opinion as to the defendant's guilt or innocence
A barrister must never express their personal belief in the guilt or innocence of their client. The closing speech should focus on the evidence (and gaps in the evidence), legal arguments, and the burden and standard of proof. Personal vouching undermines the barrister's role as an officer of the court and advocate rather than a witness.
Question 4: What is a skeleton argument, and when is it typically required?
- A brief outline of the case prepared for the client's benefit only
- A written summary of the legal and factual submissions, with authorities, lodged with the court before a hearing (Correct answer)
- An informal note passed between counsel during trial
- A document prepared only for appeal hearings
Correct answer: A written summary of the legal and factual submissions, with authorities, lodged with the court before a hearing
A skeleton argument is a concise written document setting out the advocate's key submissions of law and fact, with references to relevant authorities and page numbers in the trial bundle. It is lodged with the court and served on the opposing party before hearings, particularly in the Crown Court and appellate courts, to assist the judge in preparing.
Question 5: During a plea in mitigation, which of the following is the most appropriate approach for the defence advocate?
- Arguing that the offence was not serious and the victim overreacted
- Presenting the defendant's personal circumstances, any remorse, and factors that may reduce the sentence within the sentencing guidelines (Correct answer)
- Asking the court to disregard the sentencing guidelines
- Calling character witnesses without prior notice to the prosecution
Correct answer: Presenting the defendant's personal circumstances, any remorse, and factors that may reduce the sentence within the sentencing guidelines
A plea in mitigation should present the defendant in the best possible light by highlighting personal circumstances (employment, family, health), expressions of genuine remorse, steps taken to address offending behaviour, and any applicable mitigating factors under the sentencing guidelines. The advocate works within the guidelines to argue for the most lenient appropriate sentence.
Question 6: What ethical duty does an advocate owe to the court when citing legal authorities?
- To cite only authorities that support their client's case
- To bring to the court's attention all relevant authorities, including those that are adverse to their client's case (Correct answer)
- To avoid citing any authorities and rely solely on oral argument
- To cite as many authorities as possible regardless of relevance
Correct answer: To bring to the court's attention all relevant authorities, including those that are adverse to their client's case
An advocate has a duty to the court to cite all relevant authorities, including those adverse to their client's position. This obligation stems from the barrister's overriding duty to the court (CD1) and ensures the court has the full picture of the law. Deliberately withholding adverse authority is a serious ethical breach.
BPTC Advocacy and Oral Skills 2
What is the purpose of re-examination in witness evidence?