Advocacy

Question 1

How should Advocacy start?

Answer 1

State my name, who i represent.

State the nature of the application

Question 2

What is the second step?

Answer 2

Check that the judge has the relevant paperwork before them - list out each one

Question 3

What is the third step?

Answer 3

Provide a brief summary of the background facts

Question 4

What is the fourth step?

Answer 4

Set out the legal test and apply it to the facts

Use each limb of the legal test

Direct the judge to the relevant evidence as appropriate

Question 5

What is the fifth step?

Answer 5

Summarise key arguments and remind the judge what the application is for

Question 6

What should you remember?

Answer 6

Explain the general rule before talking about any exceptions

Present your analysis before your conclusion so that it is clear

Question 7

How many steps are there?

Answer 7

6

Question 8

What are the key tests?

Answer 8

Visual ID - exclusion owing to poor quality

Visual ID - exclusion as improperly obtained

s78(1) PACE - exclusion of unfair evidence

Exclusion of confession

Exclusion of any evidence

Admissibility of hearsay evidence

Admissibility of D’s bad character

Bail application

Plea in mitigation

Submission of no case to answer

Mode of trial - arguing that the court should accept jurisdiction

Question 9

What is the sixth stage?

Answer 9

Conclude submission and ask if they have any questions

Question 10

Modes of address

Answer 10

Magistrates (individual) - sir/madam

Magistrates (bench) - your worships

Crown Court - Your honour