Advocacy Skills Flashcards

In magistrates' court advocacy, what is the correct order of a summary trial?

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.

What is the purpose of a 'bad character' application under the Criminal Justice Act 2003?

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.

Which advocacy skill is most important when making a bail application?

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.

When examining a witness in chief, leading questions are generally:

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.

What is the 'Browne v Dunn' rule as applied in English advocacy?

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.

A barrister's closing speech in a Crown Court trial should primarily:

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.