Legal Practice Course

2012 – 2013

ADVOCACY
STUDY UNIT 1
STUDENT INSTRUCTIONS

Copyright Bristol Institute of Legal Practice, UWE

 STUDENT INSTRUCTIONS

1 Introduction

This Study Unit:-

is the first of 2 Study Units in the skill of Advocacy

is concerned with presentation skills

consists of a face to face workshop

2 Teaching Aims

In this Study Unit we will:

Introduce the skill of Advocacy on the Legal Practice Course

Consider presentation skills

3 Learning Outcomes

When you have completed this Study Unit you will be able to:

Explain the elements of effective communication through verbal and non-verbal

means

Organise a set of facts logically, accurately and concisely

Establish a suitable rapport with a tribunal

Present a set of facts clearly, audibly and at an appropriate pace, using

language appropriate to the setting

4 Scenario

In a criminal case, you will represent the Crown Prosecution Service as explained in
the Document Bundle

5 Preparation for the workshop

By way of preparation:

5.1 Read the Advocacy Document Bundle:

Document 1 “The Core Skill of Advocacy”

Document 2 “The skill of advocacy – a short introduction”

Copyright Bristol Institute of Legal Practice, UWE

5.2 Read Chapter 8 “Advocacy and the solicitor” in your Lawyers‟ Skills manual,
paying particular attention to sections 8.5, 8.6, 8.7 and 8.10

5.3 Read the 10 mandatory principles and Chapter 5 in your copy of the SRA‟s
Code of Conduct 2011

5.4 Undertake Preparatory Tasks 1 and 2 as set out in these instructions (p4 and
p5).

5.5 Bring these instructions, the Document Bundle and your Lawyers‟ Skills manual
to the workshop

6 Preparatory tasks

Once you have completed the reading, you will need to view an online advocacy
demonstration (Preparatory Task 1 on page 4). You will then have to prepare to do
some advocacy (Preparatory Task 2 on page 5).

7 Workshop activity 1

7.1 Review of preparatory work.

8 Workshop activity 2

8.1 Represent the Crown Prosecution Service and present a set of facts to assist
the District Judge prior to the Defence plea in mitigation and to sentencing

8.2 Note feedback from peers/ tutor

9 Workshop activity 3

Your tutor will lead a discussion of the Advocacy Assessment Criteria

10 Workshop activity 4

You will complete your feedback form (Document 9 of your Document Bundle) in
relation to your advocacy performance in the workshop.

11 Review and consolidation

After the workshop, complete the following tasks:

11.1 Watch the DVD recording of your performance as soon as possible after the
Workshop

11.2 Review your completed feedback sheet (Document 9 of the Document Bundle)
in relation to your performance during the workshop.

3
Preparatory Task 1

You are now to view 2 sample pieces of advocacy. Please access the film via the link
on Blackboard in the Advocacy Unit folder.

The scenario is as follows:

4 defendants are appearing in the Magistrates‟ Court jointly charged with an

offence of burglary and an offence of taking a conveyance without consent.
They have just pleaded guilty which means that the Magistrate (a District Judge
in this case) needs to consider the question of sentence. He asks the
Prosecutor to outline the facts of the case.

View scenario 1. Then write down your review of what you have seen on the feedback
sheet we are supplying you with. What was done well? What was done badly? How
could the advocate have improved his performance?

Now view scenario 2. Then, once again, write down your review. What makes this
better?

Finally, reflect on what you have learnt about advocacy from this exercise.

4
Preparatory Task 2

You are to assume the role of a prosecutor in the magistrates‟ court. Assume the
magistrates will know nothing of the facts and evidence other than the charge itself.

In the case of offences that are triable 'either-way' (theft, handling, fraud, possession
with intent to supply and dangerous driving) the 'plea before venue' procedure will have
taken place. This means that the defendant, following the charge being read out, will
have been asked whether s/he intends to plead guilty or not guilty. On indicating that
s/he intends to plead guilty, this will then be deemed to have been a guilty plea and
there will be no trial.

In practice, following the outline of the facts by the prosecutor, the defence lawyer (if
the defendant is represented) would make a plea in mitigation. The magistrates would
then proceed to sentence although in the case of either-way offences, they would
(subject to certain criteria being satisfied) have the power to commit to the Crown Court
for sentence.

Please read the six case studies in the Advocacy Document Bundle (Documents 3a-8
inclusive) including the lists of previous convictions (where applicable). Unless the facts
suggest the contrary, you may assume that the defendant has just entered a guilty
plea. Your task at the workshop is to outline the facts of one of the cases fairly and
dispassionately before the defence advocate makes a plea in mitigation and before the
magistrates pass sentence.

You will not know in advance of the workshop which case you are going to
present in the workshop so you must prepare all six in advance of the workshop.
You will then be in an ideal position to be able to give feedback to your peers on
their presentations.

Prosecutors should present their cases in a dispassionate manner, bringing to the

attention of the court the facts that are relevant to the decision the magistrates have to
make. The prosecutor should not seek to exaggerate the seriousness of the matter;
equally s/he should not seek to understate its significance.

You should present your outline of the facts to the Bench clearly, audibly and an
appropriate pace, maintaining good eye-contact with the Bench throughout, and
without reading or reciting from a script.

You should decide how to open and close your presentation. Your entire presentation
should take no longer than 2-3 minutes.

Plan the presentation you will give at the workshop that is logical, comprehensive,
accurate and succinct and which observes the formal conventions and courtesies of
advocacy.

1 Preparation for advocacy

Familiarise yourself with the facts, the law and the procedural rules

Consider how you will introduce and end your application and how you will
address your audience

Identify your purpose, your main message, and any other points you need to
convey

5
 Decide on the most logical and effective order for what you want to say

Make bullet point notes that will serve as a prompt

Do not write a script!

2 SRA’s Code of Conduct [2011]

Please keep the following principles, outcomes and behaviours in mind when preparing
and appearing as an advocate in this Study Unit:

You must:

- uphold the rule of law and the proper administration of justice (Principle 1);

- act with integrity (Principle 2);

- not allow your independence to be compromised (Principle 3);

- act in the best interests of each client (Principle 4);

- behave in a way that maintains the trust the public places in you and in the
provision of legal services (Principle 6).

- not attempt to deceive or knowingly or recklessly mislead the court (Outcome

5.1);

- not be complicit in another person deceiving or misleading the court (Outcome

5.2);

- draw the court's attention to relevant cases and statutory provisions, and any
material procedural irregularity (Indicative Behaviour 5.2);

- not construct facts supporting your client's case…. which you do not consider to
be properly arguable…. (Indicative Behaviour 5.7);

- not suggest that any person is guilty of a crime, fraud or misconduct….

(Indicative Behaviour 5.8);

- not call a witness whose evidence you know is untrue (Indicative Behaviour
5.9);

- when acting as an advocate, not name in open court any third party whose
character would thereby be called into question... (Indicative Behaviour 5.12);

3 Prosecutor’s Obligations

The Prosecutor should also:

o deal with the defendant‟s previous record (if any);

o reveal any mitigating circumstances of which he/ she is aware; and

o outline any claims for compensation and specify any claim for costs

6
7
 Legal Practice Course
2012-2013

ADVOCACY
STUDY UNIT 1
DOCUMENT BUNDLE

This bundle contains:

DOCUMENT 1………………………………………………………………………….3

The Core Skill of Advocacy

DOCUMENT 2………………………………………………………………………….8

Introduction to Advocacy

DOCUMENT 3a…………………………………………………………………………10

Case Study 1 Scenario

DOCUMENT 3b…………………………………………………………………………11

Case Study 1 Previous Convictions

DOCUMENT 4a…………………………………………………………………………12

Case Study 2 Scenario

DOCUMENT 4b…………………………………………………………………………13

Case Study 2 Previous Convictions

8
DOCUMENT 5a……………………………………………………………………….14

Case Study 3 Scenario

DOCUMENT 5b………………………………………………………………………..15

Case Study 3 Previous Convictions

DOCUMENT 6a………………………………………………………………………..16

Case Study 4 Scenario

DOCUMENT 6b………………………………………………………………………..17

Case Study 4 Previous Convictions

DOCUMENT 7a………………………………………………………………………..18

Case Study 5 Scenario

DOCUMENT 7b………………………………………………………………………..19

Case Study 5 Previous Convictions

Document 8…..………………………………………………………………………...20

Case Study 6 Scenario

Document 9…………………………………………………………………………….21

Advocacy Feedback Form: Introductory Advocacy Workshop

9
DOCUMENT 1

The Core Skill of Advocacy

1. Introduction to LPC Advocacy

The ability to orally present your client‟s case clearly, succinctly, accurately, effectively
and in accordance with your client‟s instructions is central to your role as an advocate.
There is much to be gained from reading about this skill. However, advocacy is a skill
that requires practise and you will have numerous opportunities to practise advocacy
on the LPC.

What are the Learning Outcomes for the core skill of Advocacy on the LPC?

We hope that by the time your have finished your studies on the LPC you will

understand the importance of preparation and the best way to undertake it;

understand the basic skills on the presentation of cases before courts and
tribunals;

be able to formulate and present a coherent submission based upon facts,

general principles and legal authority in a structured, concise and persuasive
manner;

identify and analyse the relevant facts, the legal context in which the factual
issues arise, and how they relate to each other;

summarise the strengths and weaknesses of the case from each party‟s
perspective;

prepare the legal framework of the case and a simple narrative outline of the
facts;

prepare the submission as a series of propositions based on the evidence

identify, analyse and assess the purpose and tactics of examination, cross-
examination and re-examination to adduce, rebut and clarify evidence.

identify, analyse and assess the specific communication skills and techniques
employed by a presenting advocate;

demonstrate an understanding of the ethics, etiquette and conventions of

advocacy.

Combined SIDB 2012-13.docx 10 © Bristol Institute of Legal Practice, UWE

2 How will the skill of Advocacy be taught?

In preparation for this study unit, we have asked you to look at two short examples of
advocacy, and to compare and contrast them. What was good and what was bad
about each of them? This will not only lead you to think about what makes a good
piece of advocacy but also introduce you to the idea of critically appraising another‟s
performance.

This advocacy workshop will focus on the presentational aspects of advocacy; it will
involve each student preparing, and delivering, a short outline of facts in a criminal
case. This will be done in front of your tutor as well as your fellow students. After your
presentation, you will be invited to hear feedback from others and reflect on what you
have done by completing a feedback sheet.

When you study civil litigation, one workshop session will involve a mock appearance
before a District Judge (your tutor) sitting in chambers. You will appear for the
applicant or the respondent. This will be a chance to undertake proper advocacy in an
adversarial context.

Thereafter, in the context of criminal litigation, you will undertake an exercise in the
context of bail. You will either be a prosecutor, seeking a remand in custody, or a
defender, seeking a grant of bail. This will be a Practice Assessment since your
assessment will be in a similar context.

During both these sessions, which will be recorded, you will be given detailed feedback
which you will be asked to note down in the advocacy feedback sheet you will be given
for each exercise.

3 Feedback/ Review

As with the other core skills, Advocacy is a skill to be practised and in order to improve,
it is very important to reflect and evaluate your performance. This may be through self-
assessment, peer review or tutor feedback. We will be helping you to do this regularly
and we have designed a feedback sheet which we will ask you to complete at various
stages for this purpose. You will see that during each exercise and practice, we shall
focus on particular learning outcomes.

4 How will the skill of Advocacy be assessed on the LPC?

In the assessment itself, you will appear before an assessor and make an application
for custody or bail, according to the role you are allocated. You will be provided with
materials for the assessment in advance rather than on the day, so you should have
plenty of time to prepare. As with all LPC skills, advocacy is assessed on a competent /
non competent basis.

Combined SIDB 2012-13.docx 11 © Bristol Institute of Legal Practice, UWE

So, how do we assess whether you are competent or not yet competent?

By reference to the Advocacy Assessment criteria which fall into 3 categories:

1. Establish personal contact and a suitable rapport with the tribunal, including:

being neat and tidy in appearance

using appropriate body language but avoiding distracting behaviour

making regular eye-contact with the tribunal

speaking clearly, audibly and at an appropriate pace

using language appropriate to the setting

not reading or reciting from a prepared text

responding appropriately to any reasonable intervention

The above ought to be self-explanatory. Establishing personal contact and a suitable

rapport with the court/ tribunal is absolutely essential. The bullet-points give examples
of what we expect of students.

The only negative criterion relates to reading from, or reciting, a prepared script. Whilst
you are permitted and indeed actively encouraged to make notes and to bring them
into the assessment room to assist you, please be warned that:

Anyone who simply reads from a prepared script or recites from memory or
gives the impression of doing either of these things is likely to fail to meet the
criterion of establishing personal contact and a suitable rapport with the bench
and is likely to fail the assessment overall. This could deny you a Distinction or
(with another slip-up on the LPC) a Commendation, even if all the other
conditions for a Commendation or Distinction have been met.

The assessment tutors will be asked to take in your notes at the end of their
assessment.

Combined SIDB 2012-13.docx 12 © Bristol Institute of Legal Practice, UWE

2. Present a coherent and persuasive case consistent with the client’s goals and
instructions:

demonstrating suitable knowledge of the client‟s case and the issues affecting the
application

making concise and well structured submissions, avoiding unnecessary repetition and
irrelevant matter

addressing all relevant facts

making appropriate use of documentary evidence (if any)

addressing the relevant law and citing legal authority only where appropriate

correctly applying the law to the facts and putting suitable submissions to the court

observing any relevant rules of procedure and/or evidence

Again, the above ought to be self-explanatory.

You are required to present a case thoroughly and well. You need to be familiar with
your case and that of your opponent. You need to identify and address the relevant
facts. You need to refer to documentary evidence if you have any. You need to
identify and refer to law/ legal authority where this will clarify your submissions. You
need to apply the law to the facts and put forward suitable submissions that will
persuade the court to find in your favour.

If you appear for the applicant/ prosecution, you will normally speak first and will have
to introduce yourself, your opponent, your application and what order you would like
the court to make at the outset. You will then outline the facts and make your
submissions. You will not have a right of reply after your opponent has spoken.

If you appear for the defendant, you will normally speak second. It will therefore not be
necessary for you to introduce yourself or your opponent.

Combined SIDB 2012-13.docx 13 © Bristol Institute of Legal Practice, UWE

3. Comply with the ethics, etiquette and conventions of advocacy including the rules of
professional conduct.

Again, the above ought to be self-explanatory. This criterion reminds you of the need
to address the court formally and respectfully, to be courteous to the bench and to your
opponent and to draw the court‟s attention to any matters of law that apply. It also
requires you to have regard to the SRA‟s Code of Conduct 2011.

Combined SIDB 2012-13.docx 14 © Bristol Institute of Legal Practice, UWE

DOCUMENT 2

The skill of advocacy – a short introduction

1 Introduction

Many students come to the LPC full of worries about having to learn, and be assessed
in, the skill of advocacy. Further, many find it hard initially to understand why all
students should be required to undertake this skill. „After all‟, they say, „I‟ve no plans to
be a litigator, still less a criminal practitioner. What‟s the point of learning advocacy?‟
Whilst it is true that only a minority of solicitors undertake court work, the ability to
speak in front of others and to do so persuasively and fluently is something all solicitors
should develop because it is something that all solicitors will be required to do from
time to time. So whatever you end up specialising in, the skill of advocacy is one you
need to be competent in.

There are many myths surrounding the skill, the most persistent of which is that
advocates are „born‟ – you can either do it or you can‟t. This is simply not true. Whilst
only a few will have that special flair that means they can be truly outstanding
advocates, everyone can become an adequate and competent advocate. It just
requires application, knowledge and practice. We hope that this short document will
help you on the path.

2 What are the elements of good advocacy?

First, it involves the use of presentational skills. It is these that we will concentrate on
at the introduction to advocacy workshop. Secondly, it involves the ability to construct
a persuasive and comprehensive argument. Thirdly, as a solicitor, it must be done in a
way that complies with the rules of professional conduct and the ethics, etiquette and
conventions of advocacy. These latter two elements are developed in the context of
civil and criminal litigation.

3 The basics – what makes for a good presentation?

Preparation: the basic building block of any presentation or piece of advocacy is

thorough preparation. So this means that you need to be thoroughly conversant with
the subject-matter and the issues. It means thinking clearly about the message you
want to get across and thinking through what structure can best achieve this. No
advocate, however skilled, can do a good job without being properly prepared.

Structure: when you write an essay or seek to answer a problem question, you need to
set out a structure. It is the same with advocacy. You need an introduction (this is
what I‟m going to say/ask for), a logical set of arguments (and this is why) and a
conclusion (so that is why I‟ve taken up your time).

Appropriate use of notes: nothing is more tedious than hearing a recitation or written
address. It sounds wooden and is of little use when the unexpected occurs, be that a
question or an unanticipated argument. So you need to avoid writing out or learning a
script. Instead, you need to make bullet point notes that remind you of what you need
to say but which leave it to you to find the words and phrases that meet the needs of
the moment. This is something students are typically afraid of. They seek the security
blanket of a script. But it‟s a bit like swimming. In order to learn how to do it, you have

Combined SIDB 2012-13.docx 15 © Bristol Institute of Legal Practice, UWE

to plunge into the water. Then you will invariably surprise yourself. You don‟t need all
that detail. It‟s really no different from having a conversation with someone – you find
the words when you need them.

Coping with the dreaded nerves; every student battles with this one. Of course, you‟re
going to feel nervous when speaking in public. To that extent, don‟t worry about it –
nerves can often give a presentation an edge. Not to feel nervous would be abnormal.
But the fear is that the nerves may take over. The best strategy is to prepare well, be
confident about your knowledge of the facts and the points you wish to convey, and
then, strange though it might sound, relax! If you feel a little panicky, try to slow your
breathing down. It can be surprisingly helpful.

Using your voice: advocacy depends on an appropriate use of your voice. You need to
ensure that you project your voice so that you can be clearly heard. Imagining you are
speaking to the wall behind your audience is a useful way of assisting with this. Also,
think about your pace. Initially, students typically speak too fast. This helps neither the
student nor the audience. You need time to think and the audience needs time to take
in what you are saying. So slow down and be ready to pause. This gives you the
space to think about what you want to say next and for the audience to dwell on what
you‟ve just said. This will also help you develop your own style and intonation. Be
yourself! Vary your tone just as you do in everyday conversation.

Using appropriate language: think carefully about the words and phrases you use.
Clear simple language should be used rather than elaborate words or pretentious
jargon. Latin phrases should be used only when absolutely necessary. The words
should be contained in short sentences and the sentences organised into a logical
structure.

Posture and body language: an awareness of the impact of body language is useful
since how you come across will affect the way what you are saying is perceived.
Exaggerated gestures and unconscious movements are likely to distract the listener. A
calm, upright posture inspires confidence and authority.

Formalities: It is important to observe the necessary formalities. If you are appearing

in a public court, you must stand whenever you speak or you are spoken to. If you are
appearing before a District Judge (Civil) in Chambers you can remain seated. How do
you address a District Judge (Civil or Criminal)? „Sir‟ or „Madam‟ Equally, if you are
addressing a bench of 3 lay Magistrates – direct you comments primarily towards the
Chair (who sits in the middle) and address him/her as „Sir‟ or „Madam‟. It is now very
old-fashioned to address Magistrates as „Your Worships‟.

Combined SIDB 2012-13.docx 16 © Bristol Institute of Legal Practice, UWE

 DOCUMENT 3a

Case 1 Scenario

R v David Ash (dob 06.03.87)

Criminal Damage under Section 1 of the Criminal Damage Act 1971

Background details

(Unfortunately the facts and details, although correct, have become muddled and
will need to be sorted out.)

Mr. Ash was seen to throw a brick through the shop window of Nailsea Electrical
Store. Information about the defendant is known. The Prosecution are seeking full
compensation for the damage caused. They are also seeking costs of £50.00.
Such incidents had happened before in the Town and for security reasons many
shops (including Nailsea Electrical) remained lit. The street-lights were on and the
general area of the High Street is well illuminated. The incident happened at
11.00pm on 1st April this year in Nailsea High Street and involved damage to a
shop window. The accused is Mr. D Ash of 15 Hayes Crescent, Nailsea. Date of
Birth. 06.03.87. The incident was seen by PC Smith and PC Jones who were
passing in a patrol car. Both officers saw that the window was intact before Mr. Ash
threw the brick. Mr. Ash was not arrested at the time as the officers were called to
attend another incident. PC Smith recognised Mr. Ash from previous dealings and
later that night went to his house, arrested Mr. Ash and took him to Nailsea Police
Station. Mr. Ash had sobered up by this time, admitted the incident and said that
he was sorry. No attempt was made to steal anything and Mr. Ash, together with
three other men, was seen to stagger off, shouting loudly, along the High Street in
the direction of the Royal Oak pub. The window was 6 feet high and 12 feet wide
and the cost of damage was £750.00.

Combined SIDB 2012-13.docx 17 © Bristol Institute of Legal Practice, UWE

 DOCUMENT 3b

Case 1 List of Previous Convictions

Barsetshire Constabulary

Record of: David Ash

Date of birth: 6 March 1987

N Date Court Offence Result

o.

1 6 Barchester MC Criminal Damage £300 fine

months
ago

2 18 Barchester MC Criminal £100 fine

months Damage
ago

£50 fine
2) Theft

3 2 and a Barchester MC Criminal Damage Conditional

half discharge – 1
years year
ago

Combined SIDB 2012-13.docx 18 © Bristol Institute of Legal Practice, UWE

 DOCUMENT 4a

Case 2 Scenario

R v Barbara Harris (dob 01.01.86) and Angela Ross (dob 07.08.90)

Theft and Assault under Section 1 of the Theft Act 1968 and Section 47 of the
Offences Against the Person Act 1861

Background details

(Unfortunately the facts and details, although correct, have become muddled and
will need to be sorted out).

You have a medical report which you can make available to the court and which
provides evidence as to the injury caused. The Police were called and the girls
taken to the Police Station, where they were interviewed. Miss Harris has admitted
theft and assault. Miss Ross has admitted theft. The Prosecution are seeking
compensation for the assault. They are also seeking costs of £50.00. The two
female defendants were in The Fashion Warehouse, Broadmead, Bristol and were
seen by the store detective to be acting suspiciously. The incident happened at
approximately 2.30pm on 6th May this year. The detective followed the girls and
watched them whilst they spent time at the jewellery counter. One girl (Miss Ross)
was talking to the Assistant, whilst the other was seen to remove 2 necklaces from
a display and put them in her pocket. The girls then walked out of the store. The
detective followed them out, apprehended them and asked that they accompany
her to the store manager‟s office. Miss Ross has no previous convictions. Another
member of staff from the store came to assist and after some persuasion, Miss
Ross agreed to see the manager, followed reluctantly, by Miss Harris. Miss Harris
became abusive, telling the detective to `bloody well get lost' and then kicked the
detective in the shins (causing bad bruising). The goods, valued at £30.00, were
recovered undamaged.

Combined SIDB 2012-13.docx 19 © Bristol Institute of Legal Practice, UWE

 DOCUMENT 4b

Case 2 List of Previous Convictions

Barsetshire Constabulary

Record of: Barbara Harris

Date of birth: 1st January 1986

N Date Court Offence Result

o.

1 1 year Barchester MC Theft Community

ago sentence with
supervision
requirement – 2
years

2 2 years Barchester MC Theft £300 fine

ago

3 3 years Barchester MC Theft Conditional

ago discharge – 1
year

Combined SIDB 2012-13.docx 20 © Bristol Institute of Legal Practice, UWE

 DOCUMENT 5a

Case 3 Scenario

R v Graham Law (dob 12.07.79)

Handling under Section 22 Theft Act 1968 and Fraud by False Representation
under Section 2 Fraud Act 2006

Background details

(Unfortunately the facts and details, although correct, have become muddled and
will need to be sorted out).

Mr. Law was taken to the Police Station and on questioning admitted the offence
and to acquiring the card in a pub for £50.00, from a person he did not know and
could not recollect.

He was seen in the Galleries Shopping Centre thirty minutes later, identified by the
shop-assistant and arrested whilst still in possession of both card and goods.
Prosecution costs are estimated at £50.00. He presented an American Express
card in the name of David Young and signed the credit sales voucher in the name
that was on the card. He claimed to have lost his pin number. An American
Express Credit Card in the name of `David Young' had been stolen in a burglary in
Stockport three months before the date of the offence detailed below. Mr. Law
(dob 12.07.79) went into Olympus Sports, Broadmead, Bristol at 11.30am on 4th
April this year and purchased goods - a pair of trainers and a sweatshirt- to the
value of £95.00. The shop-assistant, although suspicious of the signature on the
sales voucher, handed over the goods and Mr. Law left the shop. Subsequent
inquiries satisfied the Police that Mr. Law was not involved in the theft of the card,
as an individual in Manchester had been charged with the Stockport burglary. The
assistant telephoned American Express immediately and discovered that the card
had been stolen. Wasting no time, he then contacted the Police. A full description
of Mr. Law was given.

Combined SIDB 2012-13.docx 21 © Bristol Institute of Legal Practice, UWE

 DOCUMENT 5b

Case 3 List of Previous Convictions

Barsetshire Constabulary

Record of: Graham Law

Date of birth: 12th July 1979

N Date Court Offence Result

o.

1 2 years Barchester MC Assault Community

ago sentence with
supervision
requirement – 1
years

Criminal damage £50 fine

Combined SIDB 2012-13.docx 22 © Bristol Institute of Legal Practice, UWE

 DOCUMENT 6a

Case 4 Scenario

R v Bertram Smith (dob 30.01.81)

Assault occasioning actual bodily harm, Section 47, Offences Against The
Person Act 1861.

Background details

(Unfortunately the facts and details, although correct, have become muddled and
will need to be sorted out).

Mr. Glover suffered severe bruising for 10 days after the incident and lost time from
his carpentry business, totalling 5 working days. The public bar was packed to
capacity with regular drinkers and an influx of guests attending a darts tournament.
Whilst moving away from the bar Mr. Smith (dob. 30.01.81) accidentally nudged a
fellow drinker, Mr. Glover, and in doing so spilt Mr. Glover‟s beer over him. The
incident happened at approximately 10.30pm, 2nd June this year at the Rose and
Crown public house, Redfield, Bristol. At the first sign of trouble the publican called
the Police who, after interviewing witnesses, escorted Mr. Smith out of the pub,
despite his protestations of innocence. Mr. Glover asked Mr. Smith for an apology
and for a pint to replace the one that he was now soaked in. Mr. Glover was taken
by a friend to the casualty unit at the BRI. His nose was given an X-ray and
diagnosed badly bruised, rather than broken as was first suspected. Mr. Smith
refused and when Mr. Glover remonstrated with him punched Mr. Glover in the face
causing him to fall heavily to the ground. Mr. Smith was interviewed at the Police
Station, admitted the offence and was charged. Photographic evidence is available
to the court if they require it. The prosecution will be claiming compensation. They
are also seeking costs of £50.00.

Combined SIDB 2012-13.docx 23 © Bristol Institute of Legal Practice, UWE

 DOCUMENT 6b

Case 4 List of Previous Convictions

Barsetshire Constabulary

Record of: Bertram Smith

Date of birth: 30 January 1981

N Date Court Offence Result

o.

1 1 year Barchester MC Grievous bodily £500

ago harm compensation

6 months imp.
Suspended 2
years

2 2 years Barchester MC Assault £250

ago compensation

Community
sentence with
supervision
requirement – 2
years

3 3 years Barchester MC Assault £100

ago compensation
£50 fine

Combined SIDB 2012-13.docx 24 © Bristol Institute of Legal Practice, UWE

 DOCUMENT 7a

Case 5 Scenario

R v Elaine Britton (dob 01.11.89)

Possession of a controlled drug with intent to supply contrary to Section 5

Misuse of Drugs Act 1971.

Background details

(Unfortunately the facts and details, although correct, have become muddled and
will need to be sorted out.)

Elaine Britton was born on 1/11/89. It is understood that she is a single parent with
2 young children. Ms Britton was arrested on 7th July this year at her home. Police
went to her house following receipt of certain information. In her kitchen, police
found 100 grams of vegetable matter. At the time she told police it was for her own
consumption. The vegetable matter has been analysed by the Forensic Science
Service and was found to be cannabis resin. In the kitchen, police also found a set
of scales and a roll of cling film. Squares of cling film about 3” square were found
on the kitchen table. When police went to her home, Ms. Britton did not answer the
doorbell. The police gained entry by forcing the front door. Police found both the
front door and the back door had been secured by placing a metal bar across the
doorway. Also in the kitchen was found a kitchen type knife, and traces of
vegetable matter were found on the blade. These were analysed and found to be
cannabis resin. At the police station, Ms. Britton was interviewed, but declined to
answer questions. She pleaded not guilty to the charge but was found guilty and
her case was then adjourned prior to sentencing. The prosecution seeks costs
following conviction after trial in the sum of £350.

Combined SIDB 2012-13.docx 25 © Bristol Institute of Legal Practice, UWE

 DOCUMENT 7b

Case 5 List of Previous Convictions

Barsetshire Constabulary

Record of: Elaine Britton

Date of birth: 1 November 1989

N Date Court Offence Result

o.

1 3 Barchester MC Cannabis £400 fine

months possession
ago

2 1 year Barchester MC Cannabis £200 fine

ago possession

3 2 years Barchester MC Cannabis Conditional

ago possession discharge – 1
year

Combined SIDB 2012-13.docx 26 © Bristol Institute of Legal Practice, UWE

 DOCUMENT 8

Case 6 Scenario

R v Steven Howard (dob 17.03.63)

Dangerous Driving contrary to Section 2 Road Traffic Act 1988 and Failure to
Provide a Specimen of Breath contrary to Section 6 Road Traffic Act 1988.

Background details

(Unfortunately the facts and details, although correct, have become muddled and will
need to be sorted out.)

Mr. Howard is a company director of Girope Ltd., a Bristol firm of instrument makers.
When he was arrested, Mr. Howard said he was related to a person high up in the
government. On being asked by police officers to take a roadside breath test, he
refused. He also refused to take a breath test, or to provide a sample of blood or urine,
at Bristol police station where he was taken following his arrest. At the police station,
Mr. Howard told the custody officer that he would complain about his arrest to the Chief
Constable. He pleaded not guilty to the charges but was found guilty and his case was
then adjourned prior to sentencing.

On 2 August this year, PC Julie Swan and PC Robert Guest were on mobile patrol at
6.30pm, driving along Muller Road, Bristol, in a northerly direction. Mr. Howard has no
previous convictions. They saw a black BMW motor vehicle emerge from Romney
Avenue into Muller Road at high speed. The lights were at that time at red, against the
BMW. The BMW drove up Muller Road in a northerly direction and went through the
next set of traffic lights which were also at red. The driver was subsequently found to
be Mr. Howard. At both sets of traffic lights the BMW motor vehicle narrowly missed
colliding with other motor vehicles. The police officers followed the BMW. At times the
BMW reached speeds of 60 mph in built up areas where the speed limit was 30mph.
The BMW stopped outside 5 Woodley Gardens, Henleaze, Bristol. On being
approached by the officers, Mr. Howard said "Fuck off. I live here." Mr. Howard
smelled strongly of alcohol. The prosecution seeks costs following conviction after trial
in the sum of £350.

Combined SIDB 2012-13.docx 27 © Bristol Institute of Legal Practice, UWE

DOCUMENT 9

Advocacy Feedback Form: Introductory Advocacy Workshop

Name:

Date:

The focus of the feedback for this workshop is on the presentational aspects of
Advocacy, in particular, eye contact, the use of notes, pace and clarity of expression.

Extract from the Assessment Criteria for Advocacy

The student should

Establish personal contact and a suitable rapport with the tribunal, including:

being neat and tidy in appearance

using appropriate body language but avoiding distracting behaviour

making regular eye-contact with the tribunal

speaking clearly, audibly and at an appropriate pace

using language appropriate to the setting

not reading or reciting from a prepared text

responding appropriately to any reasonable intervention.

Peer review

Briefly summarise the feedback received from your peers about your presentational
skills. Please relate your summary to the criteria listed above, e.g. “I spoke clearly and
audibly, but at the start of my submission I spoke a bit too fast”.

Combined SIDB 2012-13.docx 28 © Bristol Institute of Legal Practice, UWE

Tutor feedback

What did the tutor suggest you did effectively and what might be done differently?

Combined SIDB 2012-13.docx 29 © Bristol Institute of Legal Practice, UWE

Self Appraisal

Yes No
Have you watched a recording of your submission?

Do you agree with the feedback you were given?

With reference to the criteria overleaf, identify 3 things you did that made your
submission more effective.

1.

2.

3.

Combined SIDB 2012-13.docx 30 © Bristol Institute of Legal Practice, UWE

Next time you appear in court, what will you do to improve your performance?

Combined SIDB 2012-13.docx 31 © Bristol Institute of Legal Practice, UWE