Advocacy 1

Question 1

NOTE

Answer 1

Negotiation will not be assessed

Question 2

Covers

Answer 2

Dispute resolution

Criminal advocacy

Question 3

Advocacy - Preparing for a hearing

Answer 3

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2 Parts
Preparation
Presentation

Question 4

Questions when preparing

Answer 4

Which party do I represent

What type of hearing is this?

Which court will I be appearing in?

Which issues have I been instructed to deal with?

Are they any issues (such as cost) instructed to ignore

Do any ethical issues arise

What is the story

Question 5

Analysis

Answer 5

The law

The facts

Identify inconsistencies in facts

link facts to the law

identify strengths and weaknesses

Structure submissions

Question 6

Key skill

Answer 6

Anticipate opponents attacks

Question 7

Advocacy Criminal Case Study

Answer 7

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Question 8

Arguing for bail

Answer 8

Rebut prosecution argument by;

-saying pleading not guilty and evidence weak

-record, never absconded previously

-likelihood of a custodial sentence is remote.

Mitigate risks by suggesting suitable package of conditions

Question 9

Tips

Answer 9

Structure application in a way that each prosecution objective is countered in a logical sequence

Keep application short of circumstances permit

Tailor application to the individual client

Question 10

Considerations when preparing a plea

Answer 10

Research realistic sentencing options

Full written statement from client

Obtain up to date copy of criminal record

If PSR ordered, contact Probation Service to talk about contents informally

Arrive at court in plenty of times

In the assessment;

When called to address the court, invite them to read any PSR first or check they have had the opportunity to do so

Begin submissions by dealign with matters which affect seriousness

‘Show the court the way home’