Practical Advocacy in the Crown Court

Author: Susan Cavender; Mary Cowe; Guildhall Chambers
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526516329
Published In: October 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Practical Advocacy in the Crown Court follows the life of a case in the Crown Court chronologically, providing guidance and insights at each step. It guides the reader from first conference through legal arguments and witness handling to sentencing hearings, with references to procedure, codes of conduct, and key cases. With an emphasis on practical advice, each chapter follows a similar format incorporating dos and don'ts, mock situations, and sections on good practice.

Key topics covered include:

Making and opposing bail applications
Effective communication with lay clients
Appeals against conviction and sentence in the Crown Court
Evidential submissions
Witness handling of complainants, vulnerable witnesses, police officers and experts
Making effective jury speeches
Sentencing, mitigation and advocacy in cases involving the Mental Health Act

This is the only specialist guide written for Crown Court advocates, by Crown Court advocates. It provides learned advice on common situations such as hearsay applications, hostile witnesses, making speeches or mitigating in cases where it may feel like there is little to say. It also provides insight on good communication with clients as well as court room advocacy, and dealing with lay clients, solicitors and police officers in conference. In addition, it covers written advocacy in detail, including persuasive skeleton arguments and using jury bundles effectively.

Depending on the experience of the reader, this book helps the:

new advocate by giving them insight into situations that arise frequently, with a proper understanding of their role, as well as advice on how to adapt their style to the witness or the Judge
progressing advocate to develop skills with advice garnered from counsel of many years' experience, such as sections dealing with witness handling and evidential submissions in more complex cases, including rape and serious sexual offences work, proceeds of crime applications, case conferences with the CPS and presenting documents to juries in larger cases
experienced and busy advocate by looking at situations of greater complexity, such as the purpose of jury advocacy, and it will also act as a refresher for the more established advocate with writer's block in a tricky case

Part I. Starting out
Chapter 1.. Survival Guide
Chapter 2 What is Advocacy
Part II. Bail
Chapter 3. Bail Hearings and Bail Appeals
Chapter 4. Bench Warrants and Custody Time Limit Applications
Part III. Clients
Chapter 5. Talking to Clients
Chapter 6. The Adversarial System
Part IV. Evidential submissions
Chapter 7. Judicial Advocacy v Jury Advocacy
Chapter 8. Bad Character
Chapter 9. Hearsay
Chapter 10. Excluding evidence
Chapter 11. Insufficiency of Evidence
Chapter 12.
Section 41 – 43 of the Youth Justice and Criminal Evidence Act 1999
Part V. The Trial: Witnesses
Chapter 13. Witnesses
Chapter 14. Complainants
Chapter 15. Child and vulnerable witnesses
Chapter 16. Dealing with police witnesses
Chapter 17. Expert Witnesses
Chapter 18. Defendants and Defence Witnesses
Part VI. The Trial: Written advocacy
Chapter 19. Jury Bundles as a Way to Persuade
Chapter 20. The Successful Skeleton Argument
Part VII. The Trial: Speeches
Chapter 21. Speeches
Chapter 22. Defence Closing Speeches
Chapter 23. Hard Things to Say
Part VIII. Sentencing
Chapter 24 Opening for Sentence
Chapter 25. Effective Mitigation
Chapter 26. Hospital Orders
Chapter 27. Ancillary Orders
Chapter 28. POCA
Part IX. Appeals
Chapter 29. Appeal against conviction and sentence)
Part X. Final word
Chapter 30. The Good Advocate