University of the West of England

MODULE SPECIFICATION

(Template revised October 2005)

Code: UJXTX3-0-M Title: Advocacy Version: 1

Level: M-level UWE credit rating: ECTS credit rating:

Module type: Non-MAR

Owning Faculty: Social Sciences and Humanities Field: n/a

Valid from: September 2008 Discontinued from:

Contributes towards: Postgraduate Diploma in Legal Practice

Pre-requisites: Recognised Law Degree (or equivalent)

Non-Law Degree and Recognised CPE (or equivalent)

Co-requisites: None

Excluded combinations: None

Learning outcomes:

On completion of the module students are expected to demonstrate:

(a) An understanding of the elements of effective communication through verbal and non-verbal means.

(b) An ability to organise a set of facts logically, accurately and concisely

(c) An ability to establish a suitable rapport with a tribunal

(d) An ability to present a set of facts clearly, audibly and at an appropriate pace, using language appropriate to the setting

(e) In the context of an opposed role-play application before a District Judge:

(i) an understanding of the procedural requirements of CPR Part 24 and an ability to apply them;


(ii) an understanding of the order-making powers of the District Judge on an application under Part 24, including the power to make orders for costs;

(iii) the skill of advocacy in the context of an opposed interim application before a District Judge;

(iv) an understanding of the relevant ethical requirements

(f) In the context of an application for bail before a District Judge:

(i) an understanding of whether an application for bail may properly be made

(ii) an ability to prepare and present an application for bail/objections to bail.

(g) In the context of a plea in mitigation:

(i) An appreciation of:

- the powers of sentencing vested in a magistrates' court, including the range and aim of penalties, sentencing guidelines, maximum powers and statutory restrictions affecting such courts following conviction;

- the effective function of a defence advocate presenting a plea in mitigation of sentence;

(ii) An ability to present an effective plea in mitigation

Syllabus outline: The Advocacy Skills study unit introduces students to the basic skills of advocacy. In particular, students will consider:

1 In the context of a video-taped courtroom role-play in the role of a prosecutor setting out the facts on which a defendant has been found guilty, prior to sentencing, how to:

1.1 Establish personal contact and a suitable rapport with the tribunal by being neat and tidy in appearance

1.2 Use appropriate body language and avoid distracting behaviour

1.3 Make regular eye-contact with the tribunal without reading or reciting from a prepared text

1.4 Speak clearly, audibly and at an appropriate pace and use language appropriate to the setting

1.5 Respond appropriately to any reasonable intervention

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

2 In the context of a video-taped opposed courtroom role-play application before a District Judge, how to make or respond to an application for summary judgment under CPR Part 24 effectively and persuasively and, in particular, how to:

2.1 Present a coherent and persuasive case that is consistent with the client’s goals and instructions and demonstrates suitable knowledge of the client’s case and the issues affecting the application

2.2 Make concise and well structured submissions, avoiding unnecessary repetition and irrelevant matter

2.3 Address all relevant facts, by making appropriate use of documentary evidence (if any)

2.4 Address the relevant law and cite legal authority only where appropriate

2.5 Correctly apply the law to the facts and put suitable submissions to the court

2.6 Observe any relevant rules of procedure and/or evidence

3 In the context of a video-taped opposed courtroom role-play application for bail before a District Judge, how to put forward effective and persuasive objections to bail or make an effective and persuasive application for bail

4 In the context of a courtroom role-play plea in mitigation, how to present an effective and persuasive plea in mitigation

Teaching and learning methods: These include:

1 Self-study preparation and research in order to acquire knowledge and understanding

2 Individual and group work centred on problem-based learning involving management of information, analysis of complex facts and application of knowledge and acquisition of the skills and sub-skills of effective advocacy

3 Role-play and oral presentations/ discussions/ critique to demonstrate understanding and effective and persuasive communication of complex areas of law applied to detailed factual scenarios

4 Formative practice/ formative assessment and feedback

Reading Strategy:

Students are provided with their own copies of the books listed below marked *. All other texts are stocked in the students’ Workshop Room Mini-Practice Libraries and/ or in the dedicated LPC/ BVC Legal Resource Room.

Indicative Reading List:

OUP “Lawyers’ Skills Manual”*

OUP Civil Litigation Manual*

Northumbria Press Criminal Litigation Manual*

SRA’s Solicitors’ Code of Conduct 2007*

Civil Procedure (Sweet & Maxwell)

Blackstone’s Criminal Practice

Atkins Court Forms

Advocacy in the Magistrates’ Court (LAG)

Criminal Evidence and Procedure (Seabrooke and Sprack)

Criminal Procedure (Emmins)

Magistrates’ Court Guide 2003

Sentencing (Emmins)

The following list is offered to provide validation panels/accrediting bodies with an indication of the type and level of information students may be expected to consult. As such, its currency may wane during the life span of the module specification. However, as indicated above, CURRENT advice on readings will be available via other more frequently updated mechanisms.

Assessment

Assessment is by way of a single role-play advocacy exercise conducted by students in pairs before a judge played by an assessor, using a role-play scenario published in advance of the appointment to enable advance preparation to be undertaken individually. Students are assessed on a competent/ not competent basis.

The assessment criteria for the skill of Advocacy are

1 Establishing personal contact and a suitable rapport with the tribunal by, for example:

§ 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

2 Presenting 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

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

SECOND (OR SUBSEQUENT) ATTEMPT: Attendance at taught classes is not required.

Re-assessment is by the same method as detailed above. See Assessment Regulations for further details.

Specification confirmed by …………………………………………………Date ……………………………

(Associate Dean/Programme Director)