Introduction to Advocacy

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Presentation transcript:

Introduction to Advocacy Donata Szabo

Points to consider What is advocacy? “Advocatus” Who are advocates? What is the difference between a solicitor and a barrister? What do think are the ingredients of good advocacy? Have you ever done advocacy? Let’s see an example. Plea in mitigation: https://www.youtube.com/watch?v=9GqXCn12B0Y Discuss what you saw: what do you think was good and bad?

Different Courts in the UK Magistrates’ Court Crown courtCrown Court intro: https://www.youtube.com/watch?v=tZYvv_s5R-s Tribunals (e.g. SEND, Immigration, Employment, etc.) County Court High Court Court of Appeal (Civil and Criminal Divisions) Supreme Court How to address a judge Magistrates’ Court: Sir/Madam Crown Court/High Court/County Court: Your Honour (or Master/Mistress) High Court/Court of Appeal/Supreme Court: Your Lordship/Ladyship/My Lord/Lady

Key phrases “in my respectful submission” “I would submit” “with all due respect to your Lordship’s/Ladyship’s view…” “unless I could be of further assistance” “I’m grateful for this indication” Use of Civil Procedure Rules and Blackstone’s Criminal Practice

Case analysis What is case analysis? Why do you have to do it? Ingredients: What is the case about? (i.e. here – what offence?) Key Facts Good facts Bad facts Previous criminal history Personal circumstances Sentencing guidelines

Plea in mitigation Introductory matters (introduce yourself, your client, what you want) Introduce the theme/main points Explanations to aggravating features Highlight and address mitigating features of the offence Identify mitigating factors arising from defendant’s previous history Explain mitigation based on defendant’s personal circumstances Summarise your points Request an appropriate sentence

Now, try it yourself!