Professional Ethics pre-reading (to include student materials for the 1st small group session)
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- Professional Ethics pre-reading (to include student materials for the 1 st small group session) P 2
- Evidence handout P 68 Civil Litigation, Evidence Sentencing Overview
- Dress Code P 124 REDOC P 126
- Syllabus Guidance 2015-16 A. INTRODUCTION
- The Bar Professional Training Course Full-Time 2016-2017 Part Time 2016-2018 Year 1
- PART 2, SECTION C1 - YOU AND THE COURT PART 2, SECTION C2 - BEHAVING ETHICALLY STUDENT INSTRUCTIONS SUBJECT INTEGRATION
- SAQ’s Question 1
- Question 12 – sample SAQ
- (2 marks) Question 13
- MCQ’s Question 1
- Faculty of Business Law CRIMINAL LITIGATION, EVIDENCE AND SENTENCING ADVANCE MATERIALS
- The Bar Professional Training Course Full Time 2016/2017 Part Time 2016/2018 (Year 1)
- CRIMINAL LITIGATION SENTENCING
___________________________________________________________________ BPTC 2016-17 PRE –READING
Pre-reading for Professional Ethics The syllabus for Professional Ethics is attached, and is based upon
We will have an introductory lecture, closely followed by the first small group session. For that session it would be helpful for you to have read the following –
Please note the attached syllabus is the 2015-16 syllabus and will be amended (albeit minimally) for the 2016-17 BPTC. 
Centralised Examination Board Professional Conduct and Ethics Syllabus Guidance 2015-16
This guidance is issued to provide clarity for BPTC providers and students in respect of the source material, which will be used by the Ethics Team of the Centralised Examination Board (CEB) when setting the Ethics examinations in the academic year 2015-2016. B. SYLLABUS The MCQs and SAQs for all Ethics assessments in 2016 will be drawn from the following source material: 1. The Bar Standards Board Handbook – 2nd edition September 2015 [as published on the BSB website] Part 1
A-D Part 2
A B C1, C2. C3, C4, C5.1 & C5.2 D1.1 (rC99-rC105), D2.1 & D2.2 D4
B2, B3, B7 & B9 C1 & C2
B8 C
The definitions section will not be discretely examined, but knowledge of the Handbook’s definitions relevant to the rest of the syllabus is required. Bar Standards Board Handbook Equality Rules Sections 1 & 2 2. Code Guidance Guidance on Practising Rules and Requirements
Guidance on the Administration of a Barrister’s Practice
Guidance on the Professional Conduct of Barristers
Additional Guidance https://www.barstandardsboard.org.uk/regulatory-requirements/for-barristers/practising-certificate/
3. Crown Prosecution Service Publications The Code for Crown Prosecutors – January 2013 (7th Edition) The Farquharson Guidelines – The Role and Responsibilities of the Prosecution Advocate
Although students must be aware of the relevant legislative provisions and case law, this topic will not be examined as part of the Professional Ethics assessments in 2016.
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SGS 1 WEEK 12 WK COMM. 10 OCTOBER 2016 – Full Time / PART 2, SECTION C1 - YOU AND THE COURT PART 2, SECTION C2 - BEHAVING ETHICALLY STUDENT INSTRUCTIONS SUBJECT INTEGRATION This is the first of six small group sessions on professional conduct. Whilst this SGS deals in the most part with Section C1 and 2 of the Code of Conduct, it will also involve consideration of the Core Duties and also may touch upon other areas of the Code. OBJECTIVES At the end of this session you should have:
PREPARATION Students should:
N.B. In relation to each question you must clearly identify every principle engaged, in addition to demonstrating their practical application and resolution in the context of the particular problem. Each will be discussed in detail during the small group session SAQ’s Question 1 You have represented your client successfully in court. After the hearing, the client stuffs a £20 note in your pocket and tells you to enjoy a drink on him. Do you keep the money? Would it make any difference if your client instead sent you a bottle of whiskey? Question 2 You act for the claimant in civil proceedings. In the course of his evidence-in-chief, he produces several documents from his pocket which he alleges support his claim. You have never seen them before nor have they been disclosed to the defence. What do you do? Question 3 You are appearing for a well-known businessman in his local magistrate’s court on a charge of drink-driving. After a preliminary hearing, you are approached by a reporter from the local newspaper who asks you for information about the client and the case. What should you do? Question 4 You are defending a trial at the Crown Court. In the course of giving his evidence, the defendant makes an allegation which, although it is in your instructions, you had not put to the victim. It is apparent that it should have been, and the victim has gone on holiday and cannot be recalled. The judge is furious. What do you do? Question 5 In the course of legal argument during a trial in the Crown Court, the prosecution advances a proposition of law to the court in support of its contention, but fails to produce a particular reported decision of which you are aware and which would plainly be of assistance. Without it you are likely to win the point; with it you may well fail. What do you do? Question 6 Your client is pleading guilty in the magistrates’ court. Your instructions are that he has a number of previous convictions. The police antecedents given to the court show him as a person of good character. How do you mitigate? How do you advise your client? Would your approach be different if the omitted previous convictions had involved the imposition of a suspended sentence of which the defendant was in breach by virtue of the instant conviction? Question 7 You represent Carly who is charged with robbery. She is alleged to have snatched a handbag from an elderly victim at a bus stop. The evidence against her is extremely weak. Carly was approached by officers 5 minutes after the robbery and half a mile from the scene as she matched the victim’s description of the robber. During the course of the conversation with the officers Carly is alleged to have said, “She’s an old woman - she’ll never pick me out.” Carly was later identified by the victim on a formal ID procedure. You take the view that on a point of law the judge is almost certain to exclude the evidence of Carly’s comment under s.78 of PACE without hearing live evidence on the matter; and that the judge is likely to stop the case on a half-time submission of law as the identification evidence is poor. When Carly arrives at court she tells you in conference that she is guilty but that wants to maintain her not guilty plea. What is your advice? Question 8 You arrive at the Crown Court to prosecute a case of assault occasioning actual bodily harm. The mother of the victim, who has not made a witness statement, approaches you in the foyer and says that she wants to be a witness and give evidence about the extent of the injury suffered by her son and the effect it has had on him (both of which, she claims, have been understated in the prosecution statements). A little while later you see the officer in the case who saw the victim on a number of occasions after the incident but did not refer to the victim’s physical state in his witness statement. He tells you that the doctor who examined the victim at the police station (a prosecution witness) is at court, having been requested by the defence to attend so that they can cross-examine him. Describe the extent of the contact you can properly have with each of these three witnesses. Question 9 Your pupil supervisor has received instructions to draft the mutual client’s witness statement following the conference held last week. He has asked you to draft it based on the notes you took when you attended the conference. To what extent, if at all, may you comply with your pupil supervisor’s requests? Question 10 You are instructed to appear in the first hearing of a defamation case. Unsigned proofs of the client’s and witness’s draft statements are attached to your instructions. You are also told that your Instructing Solicitor has had a single conference with the client and the witnesses, and asks you to do the same when you arrive at court. What ethical issues may arise from this situation and what should you do about it? Can you follow the instructions to meet with the client and witnesses? Question 11 David has been instructed to draft a witness statement in a civil case in which he is appearing. It is apparent from his instructions that some of the evidence that the witness can give will be inadmissible as a matter of law and some of it will not be helpful to the client's case. In some respects the witness's version of events is not entirely clear, though David can infer what the witness would say if the witness were asked to clarify. What factors should David consider when drafting the witness statement? What should be included and what should be excluded? Question 12 – sample SAQ You are representing the Claimant in a personal injury case following a road traffic accident and are instructed to draft the particulars of claim. Your instructions are not clear about how the car accident occurred but it appears from the evidence that the allegation is that the defendant was speeding and overtook on a blind hill. You infer from the statements that the Claimant must have swerved to avoid a collision, or the damage would have been much worse.
(3 marks) The case moves on, and at trial one of the Claimant’s witnesses says in cross examination that he did not clearly see the accident as he was distracted at the time. You want to clarify this in advance of re-examining him as he has always said he had a good view of the accident. Before you begin re-examination, the court adjourns for the day.
(3 marks)
(2 marks)
(2 marks) Question 13 You are making an application on behalf of the claimant for judgment in default of a defence. You take the view that the defendant would neither be able to meet any judgment or costs award in the claimant’s favour. Your instructions are silent on this point. May that be one of your submissions? Question 14 You are representing the claimant in an action for breach of contract on the basis of negligent misrepresentation. In the middle of cross examination of the defendant, following one of your questions, the judge asks you: “You seem to be arguing that the Defendant was lying when he sold your client this car. Why have you not pleaded fraud?” What do you say? MCQ’s Question 1 Karl is instructed to represent Julie at the Crown Court where she will be pleading guilty to an offence of domestic burglary. The list of her previous convictions provided by the prosecution shows numerous past offences of dishonesty, the most recent being a domestic burglary three years ago. When Karl is going through her antecedent history with her Julie tells Karl that she has another conviction (not shown on the prosecution's list) for a domestic burglary two years ago. Karl advises her that if the judge is told about that he will have to sentence her to a mandatory minimum term of 3 years' imprisonment under the "three strikes" rule for domestic burglaries. Julie instructs Karl not to tell the judge about it. Which ONE of the following statements is CORRECT? [A] Karl should advise Julie that unless she authorises him to make disclosure of the conviction he must withdraw from the case. [B} Karl should advise Julie that he can represent her without mentioning the conviction and that he can say to the judge in mitigation that "the record clearly shows that she has no convictions for burglary in the last three years". [C] Karl should advise Julie that he can represent her without mentioning the conviction but that, if she is sentenced today on the basis of the prosecution's record, she could subsequently be re-sentenced if the error is discovered. [D] Karl should advise Julie that he can represent her but that he is obliged to disclose the previous conviction whether or not she authorises it. Question 2 Diana is prosecuting Callum at the Crown Court on an assault charge. When she arrives at court on the morning of the trial she is approached by Nigel, whom she recognises as a prosecution witness from photographs which are exhibits in the case. Nigel asks her if she is the prosecution “brief”. Which ONE of the following statements is CORRECT? [A] Diana should not communicate with Nigel at all. [B] Diana can introduce herself to Nigel but should explain that she cannot talk to him further on any matter. [C] Diana can introduce herself to Nigel and, if he wishes, explain the court’s procedures and answer any questions about those procedures. [D] Diana can introduce herself to Nigel and explain the court’s procedures and answer any questions about those procedures: she may also address any other concerns he may have concerning the case, provided she does not discuss his evidence with him. Question 3 You are acting for a client who is charged with a s47 assault. Your client alleges he acted in self-defence. You are considering putting the following question to your client in conference: "Did you strike out because you felt that you had no other way to escape?" Which ONE of the following is CORRECT? [A] You should ask that question in those terms. [B] You should not ask why the client struck out. [C] You should seek that information by asking a different question. [D] You should ask your instructing solicitor to put this question to the client.
[A] You should carry out your client's instruction in this regard. [B] You should seek an adjournment to get positive evidence of the BNP membership. [C] You should not put this question to the Defendant. [D] You should tell your client to repeat the rumour when giving his evidence.
[A] You should tell your client that you cannot argue the case on the basis on which it is presented in the pleadings. [B] You should argue the case as pleaded. [C] You should advise seeking an adjournment of the hearing and leave to amend the pleadings. [D] You should advise Wendy to seek advice from other Counsel.
[A] You may accept the offer. [B] You may accept the offer on condition that you pay the appropriate sum. [C] You should politely decline the offer. [D] You may accept the offer on condition that your instructing solicitor approves.
Which of the above gifts could you properly accept? [A] None of them [B] (i) and (iii) only [C] (iii) only [D] All of them Question 8 Derek is instructed to defend Wayne in his trial at the Crown Court for violent disorder. His defence is that he was present but did not participate. The prosecution have made initial disclosure of the unused material and the defence now have 14 days in which to serve a defence statement. Derek’s solicitors ask him to draft it. Derek has watched the CCTV footage which appears to show Wayne heavily involved in the disorder. Which ONE of the following statements is WRONG? [A] Derek cannot draft a defence statement without first seeing Wayne in conference. [B] Derek cannot draft a defence statement without instructions from Wayne. [C] Derek cannot draft a defence statement that he believes contains arguments that are not properly arguable. [D] Derek cannot draft a defence statement to include his own opinion on why Wayne was on the CCTV. Question 9 You are representing the Claimant in a breach of contract case. Your client is part way through giving evidence when the Judge decides to adjourn for lunch. As you are about to leave the court room your client states that he wishes to speak to you about an urgent matter. Which ONE of the following statements is CORRECT? [A] You may speak to your client about any matter, whether case-related or not, without seeking any other person's consent. [B] You may speak to your client about any non-case-related matter without seeking any other person's consent. [C] You must refuse to speak to your client. [D] You must seek the prior consent of your opposing Counsel or the court to speak to your client about any matter, whether case-related or not.
[A] You should interview the witness and draft a witness statement and give it to the other side and judge as soon as possible. [B] You should refuse to call the new witness. [C] You should draft the witness statement but seek an adjournment so that your client may obtain alternative representation [D] You should withdraw from the case
[A] You may give general advice about the giving of evidence. [B] You may give general advice about the order of proceedings. [C] You may tell your client the questions you will ask her. [D] You may test your client's recollection of events robustly at the conference.
[A] You should tell your instructing solicitor to go ahead and allow the claimant to read these statements before taking his statement. [B] You should tell your instructing solicitor not to let the claimant read the statements at all before the proceedings have concluded. [C] You should tell your instructing solicitor not to let the claimant read the statements until after he has set out his own version of events in a statement. [D] You should tell your instructing solicitor that it was counsel's responsibility to take these statements; accordingly he should destroy the ones taken and arrange for the witnesses to come to chambers for their statements to be drafted by you.
[A] A barrister may never communicate directly with his/her witness in a case. [B] A barrister may only communicate with his/her witness if the lay client is present. [C] A barrister may only communicate with his /her witness for the purpose of telling the witness how to respond to points raised in cross-examination. [D] A barrister may communicate directly with his/her witness for the purpose of introducing him/herself and explaining court procedures
[D] Stephanie may suggest to Bryan that he tries another set of chambers Question 15 Which ONE of the following is CORRECT in relation to pleading fraud in a civil case? [A] If Counsel has firm instructions to make an allegation of fraud then he should do so [B] An allegation of fraud should never be made unless counsel has before him reasonably credible evidence in legally admissible form which establishes a prima facie case of fraud. [C] An allegation of fraud should never be made unless counsel is satisfied that it can be proved on the balance of probabilities. [D] An allegation of fraud should never be made unless counsel has before him reasonably credible material, whether or not in legally admissible form, which establishes a prima facie case of fraud. 
Faculty of Business & Law CRIMINAL LITIGATION, EVIDENCE AND SENTENCING ADVANCE MATERIALS Dear Student, You may already be aware that one of the “knowledge” subjects on the BPTC is Criminal Litigation, Evidence and Sentencing. Even though they are assessed in the same exam, at UWE we teach Criminal Litigation and Sentencing separately from Evidence In preparation for your commencement of the Criminal Litigation and Sentencing course you are invited to read carefully the accompanying materials, namely
In preparation for your commencement of the Evidence course you should read:
When the course starts you may feel a little overwhelmed by the quantity of material which you are expected to start absorbing from day one. You will find it a huge advantage if you have mastered some of the materials prior to your attending the University. It is to this end that we have provided you with the materials listed above. The first subject you will be considering as part of the Criminal Litigation and Sentencing course is the subject of sentencing. This is a very important subject, but also an extremely complex one. In the sentencing handout I have tried to set out in simple terms the main principles underlying this section of the syllabus. It is important that you have mastered these principles before the first criminal litigation seminar at the start of the course. The first subjects being studied on the Evidence course are preliminary evidential matters and proof. Again, you should have mastered the relevant materials before starting the course. The sample multiple choice questions have been provided to give you a clear idea of the sort of questions that will be asked of you in an exam. It should be clear from these questions that a detailed knowledge is required of the principles. In writing this handout I have cut down the facts which you need to know to a bare minimum. You will be referred to a practitioner textbook to research the subjects more fully. The procedure overview should also be read and absorbed at an early stage. If you have a clear overview of a subject it helps you place the details of each topic studied into a comprehensible context. I very much hope that you will find the materials interesting, as well as being a helpful introduction to the course.
Best wishes, James Lloyd Module Leader. The Bar Professional Training Course Full Time 2016/2017 Part Time 2016/2018 (Year 1) 
Faculty of Business & Law 
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