BPTC Advocacy and Oral Skills 2

Question 1

What is the purpose of re-examination in witness evidence?

Accepted Answer

To clarify or repair matters arising from cross-examination that may have left the witness's evidence unclear or damaged

Answer

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?

Accepted Answer

Permission to treat the witness as hostile, allowing the use of leading questions and cross-examination techniques

Answer

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?

Accepted Answer

Expressing their personal opinion as to the defendant's guilt or innocence

Answer

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?

Accepted Answer

A written summary of the legal and factual submissions, with authorities, lodged with the court before a hearing

Answer

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?

Accepted Answer

Presenting the defendant's personal circumstances, any remorse, and factors that may reduce the sentence within the sentencing guidelines

Answer

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.

BPTC Practice Test

BPTC Practice Test

BPTC Advocacy and Oral Skills 2