SQE2 Advocacy 2

Question 1

When examining a witness in chief, what type of questions should an advocate primarily use?

Accepted Answer

Open questions that allow the witness to tell their account in their own words

Answer

Leading questions that suggest the answer

Answer

Questions designed to confuse the witness

Answer

Hypothetical questions only

Question 2

An advocate is asked to represent a client in an urgent injunction application but has not had adequate time to prepare. What should the advocate do?

Accepted Answer

Decline the instructions if they cannot provide competent representation, and suggest the client seeks alternative representation

Answer

Accept the instructions regardless and do their best

Answer

Accept but ask the court for an indefinite adjournment

Answer

Accept and blame any shortcomings on the short notice

Question 3

What is the purpose of re-examination of a witness?

Accepted Answer

To clarify or repair matters arising from cross-examination

Answer

To introduce entirely new evidence not covered in chief

Answer

To repeat the questions asked in examination-in-chief

Answer

To allow the advocate to ask leading questions

Question 4

In a bail application, which factors must the advocate address to persuade the court to grant bail?

Accepted Answer

The statutory grounds for refusing bail under the Bail Act 1976 and how proposed conditions can address any concerns

Answer

Only the defendant's willingness to attend court

Answer

Only the defendant's previous convictions

Answer

Only the seriousness of the offence

Question 5

An advocate realises during their closing speech that they failed to put a crucial part of their client's case to the opposing witness during cross-examination. What is the consequence?

Accepted Answer

The advocate may be criticised for failing to comply with the rule in Browne v Dunn, and the court may give less weight to the unchallenged evidence

Answer

No consequence as closing speeches can introduce new matters

Answer

The judge must declare a mistrial

Answer

The advocate can recall the witness without permission

Question 6

What ethical obligations does an advocate owe when making submissions on sentencing?

Accepted Answer

The advocate must not mislead the court about the defendant's previous convictions or the applicable sentencing guidelines

Answer

The advocate can say anything to secure the lowest sentence

Answer

The advocate has no duties to the court during sentencing

Answer

The advocate should avoid mentioning any aggravating factors even if asked by the court