Advocacy and Oral Skills Flashcards
6 cards from real BPTC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Advocacy and Oral Skills flashcards as text
What is the purpose of re-examination in witness evidence?
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.
A witness becomes hostile during examination-in-chief. What may the advocate apply to the court for?
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.
In a closing speech at a criminal trial, what must the defence barrister avoid doing?
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.
What is a skeleton argument, and when is it typically required?
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.
During a plea in mitigation, which of the following is the most appropriate approach for the defence advocate?
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.
What ethical duty does an advocate owe to the court when citing legal authorities?
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.