SQE2 Advocacy & Persuasion 3

Question 1

In a sentencing hearing, which is the correct order of procedure in the Crown Court?

Accepted Answer

Prosecution facts and antecedents, defence mitigation, then the judge sentences

Answer

The prosecution opens the facts and reads antecedents; the defence then presents mitigation before the judge passes sentence — this order ensures the court has all information before deciding.

Question 2

The 'two counsel' rule in criminal proceedings means:

Accepted Answer

A Queen's/King's Counsel cannot appear without a junior

Answer

Traditionally, King's Counsel in certain courts could not appear without a junior counsel; while largely abolished, this convention may still be relevant in some senior court contexts.

Question 3

In SQE2 advocacy assessments, which aspect of professional conduct is specifically assessed?

Accepted Answer

Compliance with the duty not to mislead and maintenance of professional standards

Answer

SQE2 oral advocacy assesses both the practical advocacy skills and the candidate's adherence to professional conduct obligations including not misleading the court.

Question 4

When re-examining a witness in chief, an advocate may only ask questions that:

Accepted Answer

Arise out of matters raised in cross-examination

Answer

Re-examination is strictly limited to matters raised in cross-examination; its purpose is to rehabilitate the witness and clarify any ambiguities created by the cross-examiner.

Question 5

When making a costs application at the end of a successful civil hearing, the advocate should:

Accepted Answer

Apply immediately after judgment is given and before the judge rises

Answer

Costs applications must be made promptly after judgment, before the judge rises; the court can make a summary assessment of costs at the end of many hearings.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Advocacy & Persuasion 3