SQE2 Advocacy & Persuasion 2 — Questions and Answers
Question 1: In a bail application, the advocate for the defence should address which key statutory factors?
- The seriousness of the offence alone
- Grounds for refusing bail under the Bail Act 1976 and why they do not apply (Correct answer)
- The client's previous convictions only
- Public opinion about the offence
Correct answer: Grounds for refusing bail under the Bail Act 1976 and why they do not apply
The Bail Act 1976 specifies statutory grounds for withholding bail (failure to surrender, committing offences, interfering with witnesses); defence advocacy should demonstrate these grounds are not met.
Question 2: When addressing a tribunal, the cardinal rule of oral advocacy is to:
- Speak as quickly as possible to cover more ground
- Be clear, concise and structured, adapting to the tribunal's questions (Correct answer)
- Avoid eye contact to reduce bias
- Read prepared submissions verbatim
Correct answer: Be clear, concise and structured, adapting to the tribunal's questions
Effective oral advocacy requires clarity of structure and argument, responsiveness to the tribunal's concerns and brevity — reading out notes rigidly is considered poor practice.
Question 3: In the Court of Appeal (Civil Division), permission to appeal is generally required except:
- For all appeals from the High Court
- Where the lower court's order refused permission but the appeal is on a point of law of general public importance
- For appeals against committal for contempt (Correct answer)
- For second appeals only
Correct answer: For appeals against committal for contempt
By statute, appeals against committal orders do not require permission, reflecting the fundamental importance of liberty in those cases.
Question 4: An advocate who realises they have inadvertently misled the court must:
- Do nothing if the error was unintentional
- Immediately correct the court at the earliest opportunity (Correct answer)
- Wait for the other side to discover the error
- Raise it only in closing submissions
Correct answer: Immediately correct the court at the earliest opportunity
The duty not to mislead the court is an ongoing obligation; if an advocate has inadvertently misled the court they must correct the position immediately regardless of the impact on their client.
Question 5: Skeleton arguments in civil advocacy are primarily intended to:
- Replace oral submissions entirely
- Provide a structured overview of arguments and key authorities in advance (Correct answer)
- Present all witness evidence in summary form
- Give the judge the final decision in draft
Correct answer: Provide a structured overview of arguments and key authorities in advance
Skeleton arguments set out the structure of oral submissions, identify key legal authorities and define the issues in advance, enabling the tribunal to prepare for the hearing.
Question 6: Which principle governs how an advocate deals with a client who wishes them to advance a submission the advocate considers dishonest?
- The advocate must follow all client instructions
- The advocate must refuse to advance a submission they know to be false or dishonest (Correct answer)
- The advocate can advance it but must flag the dishonesty to the court
- The advocate can advance it if the client insists in writing
Correct answer: The advocate must refuse to advance a submission they know to be false or dishonest
A solicitor-advocate must not knowingly advance a false or dishonest submission; this is an absolute prohibition rooted in the duty to the court that overrides client instructions.
SQE2 Advocacy & Persuasion 2
In a bail application, the advocate for the defence should address which key statutory factors?