SQE2 Advocacy 2 — Questions and Answers
Question 1: When examining a witness in chief, what type of questions should an advocate primarily use?
- Leading questions that suggest the answer
- Open questions that allow the witness to tell their account in their own words (Correct answer)
- Questions designed to confuse the witness
- Hypothetical questions only
Correct answer: Open questions that allow the witness to tell their account in their own words
In examination-in-chief, the advocate should use open questions (who, what, when, where, why, how) to allow the witness to give their account naturally. Leading questions are generally not permitted during examination-in-chief except on non-contentious matters.
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?
- Accept the instructions regardless and do their best
- Decline the instructions if they cannot provide competent representation, and suggest the client seeks alternative representation (Correct answer)
- Accept but ask the court for an indefinite adjournment
- Accept and blame any shortcomings on the short notice
Correct answer: Decline the instructions if they cannot provide competent representation, and suggest the client seeks alternative representation
The SRA requires solicitors to act competently. If an advocate cannot adequately prepare for an urgent hearing and this would prejudice the client's interests, they should decline and help the client find alternative representation rather than provide substandard advocacy.
Question 3: What is the purpose of re-examination of a witness?
- To introduce entirely new evidence not covered in chief
- To clarify or repair matters arising from cross-examination (Correct answer)
- To repeat the questions asked in examination-in-chief
- To allow the advocate to ask leading questions
Correct answer: To clarify or repair matters arising from cross-examination
Re-examination allows the advocate who called the witness to clarify matters that were raised during cross-examination. It is limited to issues arising from cross-examination and must not introduce new matters. Leading questions are not permitted.
Question 4: In a bail application, which factors must the advocate address to persuade the court to grant bail?
- Only the defendant's willingness to attend court
- The statutory grounds for refusing bail under the Bail Act 1976 and how proposed conditions can address any concerns (Correct answer)
- Only the defendant's previous convictions
- Only the seriousness of the offence
Correct answer: The statutory grounds for refusing bail under the Bail Act 1976 and how proposed conditions can address any concerns
The advocate must address the statutory grounds for refusing bail (failure to surrender, committing further offences, interfering with witnesses) and demonstrate how conditions such as residence, reporting, curfew, or sureties can mitigate those risks.
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?
- No consequence as closing speeches can introduce new matters
- 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 (Correct answer)
- The judge must declare a mistrial
- The advocate can recall the witness without permission
Correct 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
Under the rule in Browne v Dunn (1893), an advocate must put their client's case to an opposing witness so the witness has an opportunity to respond. Failure to do so may result in judicial criticism and the court may accept the unchallenged evidence.
Question 6: What ethical obligations does an advocate owe when making submissions on sentencing?
- The advocate can say anything to secure the lowest sentence
- The advocate must not mislead the court about the defendant's previous convictions or the applicable sentencing guidelines (Correct answer)
- The advocate has no duties to the court during sentencing
- The advocate should avoid mentioning any aggravating factors even if asked by the court
Correct answer: The advocate must not mislead the court about the defendant's previous convictions or the applicable sentencing guidelines
The duty not to mislead the court applies throughout the proceedings, including sentencing. The advocate must not misrepresent the defendant's record or the applicable guidelines, though they are entitled to present all available mitigating factors in the most favourable light.
SQE2 Advocacy 2
When examining a witness in chief, what type of questions should an advocate primarily use?