Workshop 9 (conference)

This document pack contains selected and required documents from across the ‘prepare’,
‘apply’, ‘collaborate’ and ‘consolidate’ stages of your learning cycle. These materials are
provided as part of a learning support agreement and are provided as an alternative to
accessing the equivalent materials from the Hub, BPP Adapt and the Virtual Practice
Environment.

It is important that you consider the workshop document packs in numerical order. This will
enable you to fully understand how the different tasks progress and how the case studies
develop across the module. We strongly encourage you to consider the ‘collaborate’ and
‘consolidate’ materials after attending the relevant workshop in order to:

· Ensure that you do not compromise your ability to participate fully and appropriately
in your workshop (nor compromise the learning experience for your peers);

· Realise your individual potential by facilitating deep learning;

· Encourage assessment success; and

· Prepare you for a career in professional legal practice.

Workshop 9 (conference)

Learning Objectives
In this part of the module you will:
1. Analyse a client’s case to identify the relevant facts, issues, discrepancies, strengths and weaknesses.
2. Develop your ability to communicate effectively and respectfully with a client in conference
3. Provide full, structured, clear, understandable and realistic advice to a client.

Professional Statement
During this workshop you will engage with the following competencies from the Professional Statement for Barristers:
1.3 Have a knowledge and understanding of the law and procedure relevant to their area(s) of practice.
a) Be able to recall and comprehend the core law and rules of procedure and practice relevant to their area of practice.
c) Accurately apply to the matters they are dealing with the law and rules of procedure and practice relevant to their area of
practice.
1.5 Apply effective analytical and evaluative skills to their work.
b) Rigorously assess facts and evaluate key issues and risks
e) Analyse other relevant information, including expert and medical reports.
f) Identify inconsistencies and gaps in information
g) Methodically evaluate the quality and reliability of the information
h) Use reliable sources of information to make effective judgements
i) Employ effective research skills
j) Identify relevant legal principles.
k) Accurately apply legal principles to factual issues to devise the most appropriate solution taking into account the client’s
circumstances, needs, objectives, priorities and any constraints.
l) Reach reasoned decisions supported by relevant evidence
m) Be able to explain and justify their analysis and evaluation

1.6 Provide clear, concise and accurate advice in writing and orally and take responsibility for it.
a) When giving advice take into account the client’s circumstances and objectives.
b) Ensure that advice is informed by appropriate analysis, synthesis and evaluation and where appropriate identifies and evaluates
the consequences of different options.
c) Address and present all relevant legal and factual issues in communicating their advice.
d) Exercise good communication skills

1.9 Exercise good communication skills, through any appropriate medium and with any audience as required.
a) Identify the audience and respond appropriately to those from diverse backgrounds and to the needs and sensitivities created by
individual circumstances
b) Select the appropriate medium of communication taking into account the message and the audience
c) Adapt language and non-verbal communication taking into account the message and the audience
e) Analyse written information
f) Request and provide clarification of meaning when appropriate
g) Recognise and respond appropriately to communications from others (whether in writing, verbal or non-verbal)
h) Exercise good English language skills
j) Speak articulately and fluently
k) Present arguments cogently and succinctly.
l) Exercise these skills appropriately in all engagements with others, including meetings, conferences and in court

1.10 Make sound judgements in their work

a) Apply effective analytical and evaluative skills to their work
c) Take responsibility for their decisions
Other:
Conduct the conference in a structured and efficient way, follow an agenda as far as possible and cover all relevant issues in a logical sequence.

Prepare
In this workshop you will again concentrate on the skill of giving advice in a conference. In this workshop you will be instructed in a new case
of R v. Thomas. Following this workshop, you will begin the trial of Mr Thomas and undertake the cross examination of the main prosecution
witness f ollowed by examining in chief Mr Thomas.

You will need to analyse the case papers and undertake any further necessary legal research into any relevant points of law. Although you will
only be delivering the advice in the workshop itself you should initially prepare as though you were delivering the full conference. You will need to
consider what questions you need to ask Mr Thomas to confirm his version of events, clarify any gaps in the evidence and ascertain what
def ence, if any, Mr Thomas is relying on. You should then prepare your advice. You will need to consider the offences Mr Thomas has been
charged with, and whether the elements of the offence are made out, what are the strengths and weaknesses of the prosecution / defence cases,
any legal issues which arise in the brief, plea and sentence, allocation, if relevant, and next steps in the court process for your client. You
should then write a Conference Preparation Note setting this out.

Once you have done this you will see in the Apply section below a document which contains the answers to the questions you would have
received in the conference had you been performing this aspect. Please read this document. In light of the information in that document make
any amendments you feel are appropriate to your Conference Preparation Note.
In the workshop itself you will perform both as the barrister and role play Mr Thomas for one of your peers. As part of the workshop you will
provide and receive feedback from your peers. Please familiarise yourself with the peer feedback form.  This will also assist your own
perf ormance.   

Adapt preparation Complete these recommended learning elements in the Professional Skills module in Adapt.

In Meeting Clients:
· Advising (you should revisit this having first completed it for workshop 2)
· Advising (BTC) – strength of case
· Advising (BTC) - plea and next steps
· Advising (BTC) - sentence
You should also revisit any of the previous elements that you feel will assist you develop your oral skills. 

Conf erence Skills Assessment In this workshop we will be concentrating on the Structure and Advice criteria of the rubric. Familiarise yourself
Rubric with those elements prior to the workshop.
Peer Feedback Form You will be directed to this form during the workshop to help you provide feedback in relation to your peers'
perf ormance. Please download and save to your OneDrive a copy for each of your peers.

Apply
In advance of attending the workshop, you will need to complete the application task(s) set out below.
VPE   Visit the VPE. Access the e-mail you have received from your clerk and your case papers in R v. Thomas.   Ensure
you have completed all relevant tasks in advance of attending the workshop. 
 

Conf erence Preparation Note Please f amiliarise yourself with this Conference Preparation Note. You will see that it contains the questioning
with client answers to the section and the client’s answers to those questions. Please read this document.
questions In light of this information make any amendments you feel are appropriate to your Conference Preparation
Note and attend you workshop with a copy available to share via Office 365 with your tutor.

Collaborate
Attend the workshop where you will perform your conference and receive feedback from your tutor and your peers.  You will also
provide feedback on the performance of your peers. Ensure your preparatory work is accessible on your device without needing to be online and
that you have downloaded sufficient copies of the peer f eedback form.  

Workshop slides These are the slides that accompany this workshop.

Consolidate
Complete the below tasks in order to consolidate your learning.

Exemplar Conference Here is the exemplar Conference Preparation Note. Compare the advice and concluding sections of the exemplar to your
Preparation Note own work and reflect on how you would improve your own Conference Preparation Note as a result.

Supplemental This is the Supplemental Guidance for each Role Play Student Instruction.
Guidance – Student
Instructions A -E All students should consider all of the Supplemental Guidance. The guidance may assist you in future conferences, if you
deal with similar issues.

Self -reflection Having looked at the exemplar Conference Preparation Note and the Supplemental Guidance. It is very important that you
ref lect on your actual conference performance. In particular, you should:
1. Consider the oral and written feedback given by your tutor and peers for this Workshop.
2. Watch the recordings of your performance in this Workshop.
3. Consider the Supplemental Guidance that was relevant for the conference where you were role played
the barrister.
4. Complete the self-reflection form.
Share your self-reflection form with your tutor via Office 365 at least 24 hours before your next conference workshop. 
Prepare
Workshop 9 (conference)
Peer feedback

In this peer feedback task, you will be concentrating on the substance of the advice given by
your colleague. You will also be asked to assess whether you think the advice was clear and
would have been understood by the client.

The advice is ultimately what a client wants from their barrister at a conference. The
questioning section of a conference and the answers given inform the advice. It is imperative
that you get the advice right, as in practice, you could be the subject of a negligence claim and
in the assessment you could fatally flaw.

Listen to your colleague’s advice and answer the following questions.

You may be asked to share your observations during your colleague’s oral feedback. At the
end of the workshop you will spend some time as a group considering the case theory for this
brief.

Performing Student Name:

Your name:

Do you agree with your colleague’s assessment of the strengths and weaknesses of the
evidence? If not, which aspects do you disagree with and why?

Do you agree with your colleague’s advice on the plea to the attempted robbery? If not,
which aspects do you disagree with and why?

Do you agree with your colleague’s advice on sentencing for the offence? If not, which
aspects do you disagree with and why?

Overall, if you were the client i.e. not legally trained, how clear and understandable was the
advice?

Dif ficulties with Some issues with Mainly clear and Clear and Very clear and
clarity and clarity and understandable understandable understandable
understandability understandability
☐ ☐ ☐ ☐ ☐

Why did you assess the advice this way?

After completing this form please share it with your peer AND your tutor via Office 365.
Apply
Workshop 9 (conference)
Introduction and Questioning

Below you will find the introduction and questioning sections of the R v. Thomas
conference. You will also find the answers Mr Thomas would have given in the
conference to your questions. Please read these and be ready to deliver the advice to
Mr Thomas in the workshop.

1. INTRODUCTION

· Greet client, how does client wish to be addressed

· Introduce yourself – not too informal!
· Explain role – instructed by solicitors for conference and trial

2. AGENDA

· Purpose of conference - advise on evidence, plea and potential sentence

· Conference is in two halves; (i) questions, client’s account and (ii) advice
· Confirm client understands

3. QUESTIONS

· Initial conversation with Tilsley

· Why not leave when Tilsley refused request
· Why not purchase cigarettes/what would he normally do?
· Hiding from police – who did he think they were? Previous issues?
· Previous convictions
· Personal circumstances (depending on answers to above)

Answers to the above questions

Please assume that this information was provided to you by Mr Thomas in answer to your
questions in the conference:
· Mr Thomas confirmed his proof of evidence was an accurate account of what
happened in respect of the attempted robbery and maintains his denial of that
offence.

· Mr Thomas did not have any cigarettes of his own as he had not yet received his
benefits for the week and so was very low on funds and, in any event, the shops on
the High Street that sold cigarettes had not actually opened at the time that he was on
High Street.

· Mr Thomas wishes that he had left the cash machine after having been asked to by
the complainant. Mr Thomas chose not to leave, however, because the complainant
had angered him and because he wanted the cigarette on the floor.
· The police did not announce their arrival at his girlfriend’s address when they came
to arrest him.

· Mr Thomas hid from the police upon arrest as he owes a drug debt from a previous
drug addiction and those persons have threatened to attend at his girlfriend’s address
and assault him. As the police did not announce their arrival, he thought it was those
people who were at the house on the day.

· Mr Thomas’s previous convictions for robbery were in relation to organised crime

group robberies on a greater, more pre-planned scale than this.

· Mr Thomas knows the repercussions of committing an offence such as this and would
not have risked further incarceration for the sake of £30, notwithstanding the debt
that he owes. Regardless, £30 would not touch the surface of that debt which is well
into the thousands.

· Mr Thomas is no longer a part of an organised crime group and he's simply trying to
move on with his life.
 Collaborate
[You are strongly advised to consider these ‘collaborate’
materials only after attending the relevant workshop.]
Workshop 9 (conference)
Advice
Learning objectives

In this part of the module you will:

1. Analyse a client’s case to identify the relevant facts, issues,

discrepancies, strengths and weaknesses.
2. Develop your ability to communicate effectively and respectfully with a
client in conference
3. Provide full, structured, clear, understandable and realistic advice to a
client.
Professional Statement

During this workshop you will engage the following competencies from the
Professional Statement for Barristers:
• 1.3 Have a knowledge and understanding of the law and procedure relevant
to their area(s) of practice.
• 1.5 Apply effective analytical and evaluative skills to their work.
• 1.6 Provide clear, concise and accurate advice in writing and orally and take
responsibility for it.
• 1.9 Exercise good communication skills, through any appropriate medium and
with any audience as required.
• 1.10 Make sound judgements in their work
• Other: Conduct the conference in a structured and efficient way, follow an
agenda as far as possible and cover all relevant issues in a logical sequence.
Consolidate

Consolidate your learning by undertaking Learning objectives

the following tasks after this workshop: In this part of the module you will:
• You will receive this evening: 1. Analyse a client’s case to identify the
relevant facts, issues, discrepancies,
• Email from your clerk about the strengths and weaknesses.
trial.
2. Deliver the introduction and set the agenda
• Notice of Additional Evidence e.g. for a conference.
further witness statements
3. Develop your ability to communicate
• Post conference “reset”
effectively and respectfully with a client in
information. conference
• The transcript of the prosecution
4. Elicit, via appropriate questioning
witness’ examination in chief. techniques, relevant information from a
• You should prepare to cross examine client.
Malcolm Tilsley. 5. Provide full, structured, clear,
understandable and realistic advice to a
client.
 Consolidate
[You are strongly advised to consider these ‘consolidate’
materials only after attending the relevant workshop.]
 CONFERENCE PREPARATION NOTE – R v. THOMAS

1. INTRODUCTION

2. AGENDA
· Purpose of conference - advise on evidence, plea and potential sentence
· Conference is in two halves; (i) questions, client’s account and (ii) advice
· Confirm client understands

3. QUESTIONS
· Initial conversation with Tilsley
· Why not leave when Tilsley refused request
· Why not purchase cigarettes/what would he normally do?
· Hiding from police – who did he think they were? Previous issues?
· Previous convictions
· Personal circumstances (depending on answers to above)

4. PRELIMINARY ADVICE

Offence

Offence is Attempted Robbery, contrary to s.1(1) of the Criminal Attempts Act 1981
(Blackstones B4.66 & A5.72).

Definition:
· Attempt to steal (attempt = doing an act which is more than preparatory to the
commission of the offence, with the intention of committing an offence) and;
· immediately before or at the time of doing so, and in order to do so, he uses force on
any person.

· Briefly explain in simple terms

Appreciate the defence raised -

did not attempt to take the complainant’s money nor did he use force to do so.

Prosecution / Defence Case

Complainant/Michael Tilsley
· Account
o D was stood too close to C at cash point
o Use guise of asking for cigarette to get close(?)
o D verbally aggressive towards him and made threats
o Used force to attempt to force cash from hand twice
o “Tussled” with D on floor to stop him
o D caused injury to C’s ear
o D walked away
o Positively ID on ID parade
· Offence made out on C’s account

Rachel Cook/PCSO Walker

· Cook confirms PACE compliant ID parade
· PCSO Walker ID D from photos
· Photos from witness Kershaw - not yet provided statement
 · ID not in dispute

PC Flood
· Confirms D hid from police
· D refused to comply with basic requests/resisted
· Evidence of drug paraphernalia on person – stealing to fund(?)
· PC Ross
· Trainers – those picked up by PC Flood at time of arrest were those on the photograph
taken of D

Interview
· Gave full account
· Suggests CCTV will support his account of events at the cash point

Summary

Case is one of moderate strength in relation to attempted robbery. There is only the
complainant to give evidence about it (word v word) but this may change as there is a second
witness mentioned on the papers who has not yet provided statement.

ADVICE ON PLEA

Advice is to plead not guilty on the basis of denial.

Credit
· Full credit afforded at first hearing (which will be the Crown) if GP entered (1/3)
· GP at next hearing – PTPH (1/4)
· Continues to reduce until day of trial (10%)
· Judge’s look more favourably on those who plead G.

Choice
· Plea is a matter for you, my role is to advise

5. SENTENCE

Robbery - street

If you enter a GP or are convicted after trial then the court will apply the SCG for street robbery
· Likely category 2B
· Medium Culpability B – culpability between A/C
· Category 2 – harm between 1/3
· SP: 4 years’ custody
· R: 3 – 6 years’ custody
· Aggravated: by previous convictions (huge factor).
· BUT – an attempt which will be reflected in a lower sentence.

· Inevitably going to be an immediate custodial sentence for attempted robbery.

The defendant is also in breach of a recently imposed CC SSO and it is highly likely that that
will be activated in whole or in part (depending on his compliance with the requirements of the
order thus far) and made consecutive to any other period of imprisonment imposed.
A sentence in the region of 4-6 years after trial in all would be an educated guess.

6. INSTRUCTIONS ON PLEA
 · Plea will not be entered today and is a matter for client - client should not plead guilty
to an offence they have not committed. They will need to think about it prior to the next
hearing in the Crown court in a couple of weeks’ time.
· Perhaps ask the client for indication of what they are thinking of doing in relation to
plea, guilty or not guilty in relation to the charge? If guilty, on full facts?

7. ALLOCATION

Offence is “indictable only” & so will be sent to CC.

8. NEXT STEPS
· Will be taken into court and identified in the dock by name and address
· Will NOT be asked to indicate plea
· The charge will be sent to CC for trial and a PTPH will take place in a couple of weeks.

9. QUESTIONS FROM CLIENT

Explain that if client has any questions after today then he can contact his solicitors.

Defence Counsel
Date
Oral Skills
Workshop 9 (conference)
Supplemental Guidance
Supplemental Guidance – Role Play A
Below you will find, in bold, supplemental guidance on how to deal with some of the
matters raised in this conference as well as the answers to the questions raised by the
client in conference. These should be used to consolidate your conference skills.

1. When your colleague is discussing the evidence of Mr Tilsley state:

You do not think that Malcolm Tilsley will come to court and give evidence against you
as you suspect he will be ashamed of his own behaviour. You therefore want to plead
not guilty to the attempted robbery offence as you do not think that the Crown can
prove it.

This is a risky strategy going forward as even witnesses who say they are not
going to attend court often do (and there is no evidence to suggest that this will
be the case here). The prosecution have powers, in any event, to get the witness
to court including applying for a witness summons and potentially having the
witness arrested. Just because a witness does not attend court does not mean
that that is the end of the case. If the defendant is simply pleading not guilty on
the off chance that the witness may not attend, then this will result in a loss of
credit should he choose to change his plea if the witness later attends. The
defendant needs to be aware of that risk.

2. If Counsel references the CCTV from the Post Office, or if this is not mentioned at the
end of the advice on evidence, state:

You are furious that the CPS have not provided the photographs of you at the scene
and think any identification evidence should be struck out.

Firstly, this is just an initial hearing. At the next hearing in the Crown Court the
Judge will make directions in relation to the service of further evidence which may
or may not include the photographs. Secondly, if there is late service of this
evidence, the photographs were shown to the defendants in interview and he
accepted that he is the one in the photographs and so there can be no prejudice
by late service. Thirdly, the defendant accepted presence at the scene both in
interview and to his solicitors in his proof of evidence and, therefore,
identification has not been a live issue in the case to date. The defendant’s case
is that he did not commit the offence as alleged not that he was not present at the
scene. If he changes his account going forward then the Crown are entitled to
rely upon the PACE compliant identification procedures, identification from
photographs taken at the scene and from the defendant’s admissions in
interview. A contrary account from the defendant will make his account appear
unreliable.

3. If there is reference to your previous convictions, or if they are not mentioned at the end
of the advice on the evidence, state:

You don’t want the jury to hear about your previous convictions for robbery and/or theft
from a person. They were much more serious offences and committed as part of an
organised crime group. Will the jury hear about your previous?

The CPS will inevitably apply to adduce the convictions as evidence to

demonstrate propensity. The defence will apply to exclude them on the basis that
they are dissimilar on the facts. The defendant should prepare himself for the very
strong likelihood of these convictions being admitted as evidence.
Supplemental Guidance – Role Play B
Below you will find, in bold, supplemental guidance on how to deal with some of the
matters raised in this conference as well as the answers to the questions raised by the
client in conference. These should be used to consolidate your conference skills.

1. When Counsel is discussing the evidence of Mr Tilsley start to lose your temper and
state:

“I am a fucking violent individual and not to be pushed. You are really fucking getting
on my nerves now. Why the fuck do you just believe Tilsley?”

Counsel should make all efforts to calm the defendant down, explaining that this
response does not help in terms of running an effective conference. Warn the
defendant that if he repeats such comments at trial then they may be taken
to support the prosecution's case in that he is a violent individual.

2. Once matters have calmed down and Counsel is continuing to discuss the evidence
state:

You were told by officers in interview that a photograph had been taken of you by a
member of the public. You could not recall her name but query whether there is a
statement from her? Should there be at this stage?

There is reference in the paperwork served to date of another witness by the name
of Kershaw. She has not yet provided a statement but that is not to say that she
will not be asked to provide one at a later date.

Prior to the first hearing, the prosecution only needs to serve evidence
that enables the defendant and the court to take an informed view on
plea, venue for trial, case management and any sentencing at first hearing.

The Initial Details of the Prosecution Case (IDPC) are just that – initial details.
They need only include a summary of the circumstances of the offence, any
account given by the defendant in interview, any written witness statements or
exhibit that the prosecutor has available and considers to be material to plea or
to allocation or to sentence, the defendant's criminal record if any and any
available statement of the effect of the events on the complainants or others.

3. When Counsel is summarising the evidence available state:

That you have no intention of attending your trial as you believe that you are being
framed by the police for the robbery.

If the defendant fails to attend his trial without good reason, then there is every
chance that the case will proceed in his absence. He will not be able to give
evidence and his legal team may have to withdraw. He will also be committing an
offence contrary to the bail act which would see him arrested on a warrant and
potentially sentenced to a term of immediate imprisonment. The defendant ought
to be strongly advised to attend his trial in order to ensure that his case is put
forward for the jury to consider. Ultimately, the verdict is a matter for the jury not
for the police.
Supplemental Guidance – Role Play C
Below you will find, in bold, supplemental guidance on how to deal with some of the
matters raised in this conference as well as the answers to the questions raised by the
client in conference. These should be used to consolidate your conference skills.

1. If there is reference to your previous convictions, or if they are not mentioned at the end
of the advice on the evidence, state:

You don’t want the jury to hear about your previous convictions for robbery and/or theft
from person. They were much more serious offences and committed as part of an
organised crime group. Will the jury hear about your previous?

The CPS will inevitably apply to adduce the convictions as evidence to

demonstrate propensity. The defence will apply to exclude them on the basis that
they are dissimilar on the facts. The defendant should prepare himself for the
strong likelihood of these convictions being admitted as evidence.

2. When your colleague is discussing sentencing ask:

Will the fact that this is an attempted robbery rather than a robbery affect the sentence
passed upon conviction?

Yes, the court will apply the sentencing guidelines for the complete offence of
street robbery but will then reduce the sentence to reflect the fact that this was an
attempted offence.

3. When your colleague asks you for your instructions on plea to the assault state:

“I think I will plead guilty at the Crown Court hearing. I do not want to indicate my plea
today as I may change my mind. Is that okay?”

If you are going to enter a guilty plea to one or both of these offences then the
sooner you do so, the better. You cannot enter a plea at the hearing today because
the robbery must be sent to the Crown Court for trial. You will however be
expected to enter a plea at the next hearing which will be in the Crown court in a
couple of weeks’ time. If you plead guilty at that first Crown Court hearing then
you will receive a third (33%) off any sentence of imprisonment imposed but if you
wait then credit will continue to reduce thereafter on a sliding scale and only 10%
will be available on the day of trial. After that stage there is little or no credit
available.
Supplemental Guidance – Role Play D
Below you will find, in bold, supplemental guidance on how to deal with some of the
matters raised in this conference as well as the answers to the questions raised by the
client in conference. These should be used to consolidate your conference skills.

During the advice please ask the following questions / make the following statements:

1. When Counsel is discussing the evidence of Mr Tilsley start to lose your temper in the
conference and state:

“I am a fucking violent individual and not to be pushed. You are really fucking getting
on my nerves now. Why the fuck do you just believe Tilsley?”

Counsel should make all efforts to calm the defendant down, explaining that this
response does not help in terms of running an effective conference. Warn the
defendant that if he repeats such comments at trial then they may be taken
to support the prosecution's case in that he is a violent individual.

2. Once matters have calmed down and Counsel is continuing to discuss the evidence
state:

“If I am bailed today on the same conditions as before; then what will happen if I leave
court and see the complainant? I know people who can find out where he lives, and I
am sure that I can persuade him to change his mind about giving evidence?”

If you have a bail condition not to contact the complainant directly or indirectly
and you breach that condition, then you are likely to be arrested and potentially
remanded in custody pending trial. If you contact him with a view to convincing
him not to support a prosecution, then you could face further a serious charges
of interfering with a witness or perverting the course of justice. Ordinarily, those
offences would carry an immediate and lengthy prison sentence. I strongly advise
you to abide by any conditions of bail and, if you happen to see the complainant,
turn and walk away.

3. When your colleague asks you for your instructions on plea to the assault state:

“I think I will plead guilty at the Crown Court hearing. I do not want to indicate my plea
today as I may change my mind. Is that okay?”

You will not be asked to enter a plea today in any event as the attempted robbery
needs to be sent to the Crown court for trial. You will be expected to enter a plea
at the next hearing which will be in the Crown court in a couple of weeks’ time. If
you are going to enter a guilty plea to the offence then the sooner you do so, the
better. If you plead guilty at the first hearing in the Crown Court then you will
receive a third (33%) off any sentence of imprisonment imposed but if you wait
then credit will continue to reduce thereafter on a sliding scale and only 10% will
be available on the day of trial. After that stage there is little or no credit
available.
Supplemental Guidance – Role Play E
Below you will find, in bold, supplemental guidance on how to deal with some of the
matters raised in this conference as well as the answers to the questions raised by the
client in conference. These should be used to consolidate your conference skills.

1. When your colleague is discussing the evidence of Mr Tilsley state:

You do not think that Malcolm Tilsley will come to court and give evidence against you
as you suspect he will be ashamed of his own behaviour. You therefore want to plead
not guilty to the attempted robbery offence as you do not think that the Crown can
prove it.

This is a risky strategy going forward as even witnesses who say they are not
going to attend court often do (and there is no indication that this will be the case
here). The prosecution have powers, in any event, to get the witness to court
including applying for a witness summons and potentially having the witness
arrested. Just because a witness does not attend court does not mean that that is
the end of the case. If the defendant is simply pleading not guilty on the off chance
that the witness may not attend, then this will result in a loss of credit should he
choose to change his plea if the witness later attends. The defendant needs to be
aware of that risk.

2. If there is reference to your previous convictions, or if they are not mentioned at the end
of the advice on the evidence, state:

You don’t want the jury to hear about your previous convictions for robbery and/or theft
from person. They were much more serious offences and committed as part of an
organised crime group. Will the jury hear about your previous?

The CPS will inevitably apply to adduce the convictions as evidence to

demonstrate propensity. The defence will apply to exclude them on the basis that
they are dissimilar on the facts. The defendant should prepare himself for the
strong likelihood of these convictions being admitted as evidence.

3. If there is reference to the CCTV from the Post Office, or if this is not mentioned at the
end of the advice on evidence, state:

What will happen if the police attempt to obtain the CCTV from the Post Office and, when
they do, it is no longer available?

If you are going to plead not guilty to the attempted robbery, then we will have to
serve a defence statement setting out your defence. As part of that we will request
the CCTV and if it is no longer available that may give grounds to a legal argument
as to whether it is an abuse of process to try you. This is a difficult argument to
succeed in and even if we are not successful the police officers can be asked
about this and comment made about it in the closing speech to the jury, who will
be asked how they could possibly be sure that the offence was committed in light
of the fact that there was CCTV of the incident which they have not been able to
see for themselves.
Workshop 9 (conference)
Self-reflection

Watch the recordings of your performance in this Workshop and consider the feedback you
received, then answer the following questions.

1. Generally, how would you describe your manner in the conference as you delivered
the advice e.g. friendly, professional, judgmental, flustered etc.?

2. Having watched your advice are there any points you think were unclear to the
client? If there were how would you reword them to make them clearer?

3. Was your advice accurate when compared to the Exemplar Conference Preparation
Note? If there were errors, how can you prevent them occurring next time?

4. Did you feel that you managed your time effectively and delivered as much of the
advice as you could?

5. What are you going to focus on to improve for the next time you deliver advice in a
conference workshop?

Once you have completed your reflections please share this form, via Office 365, with
your tutor at least 24 hours before your next conference workshop.