SQE2 Advocacy & Persuasion 2

Question 1

In a bail application, the advocate for the defence should address which key statutory factors?

Accepted Answer

Grounds for refusing bail under the Bail Act 1976 and why they do not apply

Answer

The seriousness of the offence alone

Answer

The client's previous convictions only

Answer

Public opinion about the offence

Question 2

When addressing a tribunal, the cardinal rule of oral advocacy is to:

Accepted Answer

Be clear, concise and structured, adapting to the tribunal's questions

Answer

Speak as quickly as possible to cover more ground

Answer

Avoid eye contact to reduce bias

Answer

Read prepared submissions verbatim

Question 3

In the Court of Appeal (Civil Division), permission to appeal is generally required except:

Accepted Answer

For appeals against committal for contempt

Answer

For all appeals from the High Court

Answer

Where the lower court's order refused permission but the appeal is on a point of law of general public importance

Answer

For second appeals only

Question 4

An advocate who realises they have inadvertently misled the court must:

Accepted Answer

Immediately correct the court at the earliest opportunity

Answer

Do nothing if the error was unintentional

Answer

Wait for the other side to discover the error

Answer

Raise it only in closing submissions

Question 5

Skeleton arguments in civil advocacy are primarily intended to:

Accepted Answer

Provide a structured overview of arguments and key authorities in advance

Answer

Replace oral submissions entirely

Answer

Present all witness evidence in summary form

Answer

Give the judge the final decision in draft

Question 6

Which principle governs how an advocate deals with a client who wishes them to advance a submission the advocate considers dishonest?

Accepted Answer

The advocate must refuse to advance a submission they know to be false or dishonest

Answer

The advocate must follow all client instructions

Answer

The advocate can advance it but must flag the dishonesty to the court

Answer

The advocate can advance it if the client insists in writing