PE Mock 2012 (MCQ)

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billsykes
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PE Mock 2012 (MCQ)
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2013-03-03 14:35:36
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Professional Ethics
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  1. Ms Taylor is a barrister. She was driving her new Porsche 911 when she was stopped by the police and breathalysed. She was over the drink-drive limit. She pleaded guilty to a charge of driving with excess alcohol. Ms Taylor has been sentenced by the Magistrates’ Court being banned from driving for 12 months and fined £1,000.  

    Which ONE of the following statements is CORRECT?

    [A] Ms Taylor should do nothing as her conviction has nothing to do with her practice as a barrister.

    [B] Ms Taylor should do nothing as her conviction does not involve any allegation of dishonesty. 

    [C] Ms Taylor has discretion as to whether or not to inform the Bar Standards Board of the fact of the conviction.

    [D] Ms Taylor must inform the Bar Standards Board of the fact of the conviction.
    [A] Wrong. The conviction must be reported. Code paragraph (905(b) (iii)).

    [B] Wrong. For the purposes of rule 905, all relevant convictions must be reported. It is not restricted to offences of dishonesty. 

    [C] Wrong. Reporting is not discretionary. Counsel must report the conviction of a relevant criminal offence (905(b) (iii)).The offence is relevant as it does not fall into the category of exclusions. The report is to be made to the Bar Standards Board. Counsel has no option but to report herself.

    [D]Correct. Code rule 905 applies. Counsel must report the conviction of a relevant criminal offence (905(b)(iii). The definition of a relevant criminal offence is to be found under the Definitions Section, Part XI, paragraph 1001, of the Code of Conduct and excludes motoring fixed penalty offences and similar offences. The offence is relevant as it does not fall into the category of exclusions. The report must be made to the Bar Standards Board.
  2. For the purpose of this question you should assume that the barrister commenced practice after 1st October 2001. 

    Which of the following statements numbered (i) to (iv) about Continuing Professional Development is/are CORRECT?

    A barrister must, if s/he holds a practising certificate throughout the whole of any calendar year, complete a minimum of 12 hours of continuing professional development during that period.

    A barrister must during the first three calendar years in which that barrister holds a practising certificate complete a minimum of 45 hours of continuing professional development.

    A barrister must during the first three calendar years in which that barrister holds a practising certificate complete a minimum of 36 hours of continuing professional development

    A barrister must, if s/he holds a practising certificate throughout the whole of any calendar year, complete a minimum of 15 hours of continuing professional development during that period.

    Select ONE of the following:

    [A] i) is the only correct statement.

    [B] i) and ii) are the only correct statements.

    [C] iii) and iv) are the only correct statements.

    [D] ii) is the only correct statement.
    [A] Wrong. i) is not the only correct statement.

    [B] Correct. Continuing Professional Development Regs - Annex C Code of Conduct.

    [C] Wrong. These state incorrect numbers of hours.

    [D] Wrong. This is not the only correct statement.
  3. In which of the following circumstances numbered (i) to (iv) does a conflict of interest NOT automatically arise?

    You are instructed to represent two Defendants in a criminal trial where one Defendant has a representation order and the other is a private payer.

    You are instructed to represent two Defendants in a criminal trial where one Defendant asserts self-defence and the other claims the defence of alibi and names his co-Defendant as his alibi witness.

    You are instructed to represent two Defendants in a criminal trial where you strongly believe one to be innocent and the other guilty.

    Your diary is marked “not available”. You are subsequently instructed to defend a murder for a lucrative fee and the potential to make your name.

    Select ONE of the following:

    [A] A conflict of interest does not automatically arise in any of them.

    [B] (iii) is the only circumstance in which a conflict does not automatically arise.

    [C] A conflict of interest could arise in all of the circumstances.

    [D] (i), (iii) and (iv) are the only circumstances in which a conflict does not automatically arise.
    • [D] Correct.  Applying Code Rule 603e to the various circumstances, we can see that
    • (i) This does not give rise to a conflict on the facts. Simply representing parties who have different methods of funding would not prima facie give rise to conflict.
    • (ii) There is always a conflict of interest if you are instructed by two Defendants whose instructions conflict. 
    • (iii) Counsel’s belief about clients’ guilt or innocence is irrelevant.
    • (iv) This scenario has no bearing prima facie on conflict of interest.
  4. You are representing a Defendant charged with affray in the Crown Court. He begins giving his evidence in the afternoon of the second day of trial. The case is adjourned for the day and the trial will resume the following day. As you are about to leave the Court a pupil from your Chambers who has been observing the trial tells you that the Defendant wishes to speak to you about changing his instructions in the case.

    Which of the following statements numbered (i) to (iv) is/are CORRECT?

    (i) You must tell the Defendant that as he is in the middle of giving his evidence you cannot talk to him about the case.

    (ii) You can tell the pupil to go and take further instructions from the Defendant and then relay them to you for your consideration.

    (iii) You cannot speak with the Defendant unless you have the permission of the Trial Judge.

    (iv) You may speak to the Defendant with the permission of either the Trial Judge or your opponent. 

    Select ONE of the following:
    [A] (i) is the only correct statement.

    [B] (ii) and (iii) are the only correct statements.

    [C] (iii) is the only correct statement.

    [D] (iv) is the only correct statement.
    • [A] Wrong. This may seem harsh but counsel must not communicate with the lay client once they have begun to give evidence. Also, as proposition (iv) is correct, this selection must be wrong.
    • [B] Wrong. (ii) is incorrect – indirect communication is not permitted. (iii) is incorrect because incomplete.
    • [C] Wrong. See [B]. Permission may be granted by judge or opponent.
    • [D] Correct. See para 705(c) of the Code of Conduct: 
    • (c) except with the consent of the representative for the opposing side or of the Court, communicate directly or indirectly about a case with any witness, whether or not the witness is his lay client, once that witness has begun to give evidence until the evidence of that witness has been concluded.
  5. Ms Lucas is instructed to appear for the Claimant at a fast track trial. She is informed in her brief that in light of the value of the dispute no representative from the instructing solicitors will be attending Court. The case has been prepared hurriedly. Although the Claimant’s witness statement is fine, the witness statements of the two supporting witnesses of fact need further amplification and clarification on important issues. Time is short. Ms Lucas considers she needs to get further information from these witnesses neither of whom are her client.

    Which ONE of the following statements is CORRECT?

    [A] Ms Lucas is not permitted to speak to either of the two witnesses of fact before they give evidence in the case.

    [B] Ms Lucas can speak to the witnesses and should see the two witnesses together to save time and to check that they are being consistent. 

    [C] Ms Lucas can speak to the witnesses but should see the two witnesses
    separately to avoid the danger of tainting the evidence. 

    [D] Ms Lucas requires permission of the Trial Judge to see the two witnesses.
    [A] Wrong. There is no representative of the solicitors present. This is a civil case and Counsel may see the witnesses and take a proof/ further proof in such circumstances see Code para 707.  Written Standards 6.1.2 points out there is no longer any such absolute rule prohibiting contact with witnesses.  

    [B] Wrong. It is correct insofar as it says that the witnesses can be spoken to. But there is no obligation to see the witness together and indeed Written Standard 6, paragraphs 6.2.2 and 6.2.5 point in the other direction. The point is that they should be seen separately to avoid risk of contamination and suggestions of witness coaching.

    [C] Correct. The guiding principle is what is in the best interests of the client: see Written Standards para 6.2.3. Also the Guidance on witness statements - dealing with witnesses, para 9(iii). Paragraphs 6.2.2 and 6.2.5 in particular suggest the course of action most appropriate is to see the witnesses separately.  The Guidance on witness statements para 9(iv) also applies. 

    [D] Wrong. No permission is required from the Judge to speak to a witness. That would only arise if a witness were in the course of giving their evidence.  What matters is that Counsel comply with Written Standard 6 paragraphs 6.2.2 and 6.2.5 and para 9(v) of the Guidance on witness statements.
  6. Jimmy and Keith were arrested by the police for suspected involvement in an alleged theft. Both were detained at Greenacre police station. You are a barrister and you have received the requisite Bar Standards Board training to enable you to attend on clients in police stations. You attend Greenacre police station (without a solicitor) and advise Jimmy on the conduct and handling of the two police interviews which then took place. In his interviews, Jimmy denies any involvement and alleges that Keith had acted alone. The police eventually charge Jimmy and Keith with the offence of theft.

    The theft case is now proceeding in the Magistrates’ Court. A mode of trial hearing is due to take place next week. You have been instructed to appear as Defence Counsel for Jimmy at the hearing. 

    Which ONE of the following is the CORRECT answer to the question of whether or not you can accept the instructions and attend the mode of trial hearing, to represent Jimmy?

    [A] Yes, as long as you reasonably believe that nothing was said, done, heard or seen by you at the police station which might require you to give evidence in the proceedings. 

    [B] Yes, because judicial proceedings are completely different from what happens in a police station.

    [C] No, because your involvement at the police station means that you must not
    act on Jimmy’s behalf in any Court proceedings based on the offence for
    which Jimmy was being detained.

    [D] No, but if you are instructed to attend the mode of trial hearing as Counsel for Keith, you must accept the instructions.
    [A] Correct. It reflects the BSB Guide to Self-Employed Practice, paragraph 28, and Code of Conduct, paragraph 401b(iv) (which formerly prohibited Counsel acting alone in representing a lay client at the police station). There are potential consequences of attending on a lay client in such circumstances; they may prohibit you from taking on Court work in the same proceedings later. The caveat is accurately set out in [A].

    [B] Wrong. This proposition effectively removes any caveat or restriction on subsequent work in the same case.

    [C] Wrong. There is no absolute prohibition as posited by [C], cp. paragraph 26 of the BSB Guide to Self Employed Practice. 

    [D] Wrong. Clearly, having been instructed by D1 in a matter involving multiple suspects and then Defendants, where D1 has asserted that D2 is the sole perpetrator, there is a clear conflict issue here.
  7. You are instructed to advise the Defendant in writing in a breach of contract case arising out of the sale of the Defendant’s business premises. The facts of the case suggest that your instructing solicitors were negligent while conducting the sale of the Defendant’s premises.  

    Which ONE of the following statements is CORRECT?

    [A] You should not raise this matter as it would be detrimental to your lay client’s interests.

    [B] You should inform your lay client of this matter in your written advice, having notified your instructing solicitor that you will be doing so.

    [C] You need only inform your instructing solicitors of this matter in writing.

    [D] You should report your instructing solicitors to the Solicitors’ Regulatory Authority.
    [A] Wrong. It clearly is in your lay client’s best interests to inform him that his solicitors have been negligent, and merely telling his solicitors would not discharge your duty to your client.

    [B] Correct. This matter gives rise to a conflict of interest between your lay and professional clients; the lay client needs to be advised about instructing new solicitors (Code 703). 

    [C] Wrong. It clearly is in your lay client’s best interests to inform him that his solicitors have been negligent, and merely telling his solicitors would not discharge your duty to your client. 

    • [D] Wrong. Because reporting the solicitor to the SRA is a matter for the
    • client and there is nothing in the Code stipulating this as a required
    • course of action.
  8. Thomas is instructed to represent the Prosecution in a complex fraud. He is instructed, amongst other things, to settle the indictment and in due course to represent the Prosecution at trial.

    Which ONE of the following statements is CORRECT?

    [A] In drafting an indictment Thomas is obliged to include every offence disclosed by the evidence.

    [B] In drafting an indictment Thomas is obliged to include every Defendant in respect of whom an offence is disclosed.

    [C] Before including a count on the indictment Thomas is under an obligation to consider the strength of the evidence in relation to that count.

    [D] In respect of any Defendant indicted, Thomas should only accept a plea of guilty to an alternative offence to the one that appears on the indictment if the Judge agrees with that course of action.
    • [A] Wrong. There is no requirement to indict all offences disclosed – Counsel has a duty not to overload an indictment and a duty to present the case as simply and concisely as possible [Written Standards 10.4
    • (a)]. 

    • [B] Wrong. Counsel does not have to include all Defendants in an indictment - he should not overload an indictment with too many
    • Defendants [WS 10.4 (a)]. 

    • [C] Correct. Counsel must consider the
    • strength of the evidence. S/he has to consider the likelihood of success (whether there is sufficient evidence to provide a realistic prospect of conviction) and the public interest: Code for Crown Prosecutors. 

    [D] Wrong. In deciding whether to accept a guilty plea to an alternative offence, Counsel is not obliged to seek the approval of the Judge (Farquharson Guidelines).
  9. Miranda is representing Ritchie in the Crown Court where he has pleaded guilty to an offence of ABH. He has just been sentenced to six months’ imprisonment. Miranda is of the firm view that there are no grounds of appeal against sentence.

    Which ONE of the following statements is CORRECT?

    [A] Miranda should go and see Ritchie in the cells; she should advise him orally of her view that there are no grounds of appeal and certify her view in writing.

    [B] There is no requirement for Miranda to go and see Ritchie after he has been sentenced, but she must provide a full written advice as to why there are no grounds of appeal.

    [C] If Ritchie instructs Miranda to settle grounds of appeal she must do so, regardless of whether she personally considers them properly arguable.

    [D] If Miranda’s instructing solicitor instructs Miranda to settle grounds of appeal she must do so, regardless of whether she personally considers them properly arguable.
    [A] Correct. It reflects the position as stated in Written Standards 16.2. - advise him orally of her view that there are no grounds of appeal and certify her view in writing.

    [B] Wrong. WS 16.2 requires Counsel to go and see the client and advise in accordance with Counsel’s opinion.

    [C] Wrong. Counsel must never settle grounds of appeal she does not consider arguable: WS16.3.

    [D] Wrong. Counsel must never settle grounds of appeal she does not consider arguable: WS16.3.
  10. Which of the following statements numbered (i) to (iv) is/are CORRECT?  A barrister when conducting proceedings in Court:

    i) Is sometimes personally responsible for the conduct and presentation of his case and must exercise personal judgement upon the substance and purpose of statements made and questions asked.

    ii) Can always, whether invited to do so by the Court or not, or when appearing before a tribunal where it is his duty to do so, assert a personal opinion of the facts or the law.

    iii) Is not required to ensure that the Court is informed of all decisions and legislative provisions of which he is aware if the effect is unfavourable towards the contention for which he argues.

    iv) May bring any procedural irregularity to the attention of the Court during the hearing or may reserve such matter to be raised on appeal.

    Select ONE of the following:

    [A] All the statements above are correct.

    [B] (i) (iii) are the only correct statements.

    [C] (ii) (iv) are the only correct statements.

    [D] None of the above statements are correct
    [A] Wrong. The ‘sometimes’ is incorrect here. Counsel is always personally responsible, there are no exceptions.

    [B] Wrong. The ‘always’ is incorrect here.

    [C] Wrong. The ‘is not’ is incorrect here.

    [D] Correct. 708. A barrister when conducting proceedings in Court: (a) is personally responsible for the conduct and presentation of his case and must exercise personal judgement upon the substance and purpose of statements made and questions asked.(b) must not unless invited to do so by the Court or when appearing before a tribunal where it is his duty to do so assert a personal opinion of the facts or the law. (c) must ensure that the Court is informed of all relevant decisions and legislative provisions of which he is aware whether the effect is favourable or unfavourable towards the contention for which he argues. (d) must bring any procedural irregularity to the attention of the Court during the hearing and not reserve such matter to be raised on appeal.
  11. Mr Drake shares a room in Chambers with a fellow tenant Ms Maitland. She has been the subject of harassment by a fellow tenant in Chambers who continually telephones her on her mobile phone and at home and sends her
    lewd messages, texts and e-mails. Ms Maitland has not reported the matter to anyone else. Mr Drake is concerned about the effect this behaviour is having on his colleague and wonders what the guidance on
    reporting professional misconduct suggests his first step should be.

    Which ONE of the following statements is CORRECT? 

    [A] The Guidance suggests that he should report the harassment to the Head of Chambers immediately.

    [B] The Guidance suggests that he should report the harassment to the Bar Standards Board immediately.

    [C] The Guidance suggests that he should consult with Ms Maitland to see if she wants to complain formally or informally.

    [D] The Guidance suggests that he should approach the tenant directly and tell him to stop his harassment of Ms Maitland.
    [A] Wrong. It would be wrong to take action as set out in answer [A] without consulting first with the victim of the harassment. The Code warns that the victim must be consulted and in most circumstances their wishes considered and respected.

    [B] Wrong. It would be wrong to take action as set out in answer [B] without consulting first with the victim of the harassment. The Code warns that the victim must be consulted and in most circumstances their wishes considered and respected.

    [C] Correct.  The most important point here is the impact of the “Reporting Professional Misconduct Guidance”. The matter should first be discussed with the victim. There are procedures which may then be followed. 

    [D] Wrong. It would be wrong to take action as set out in answer [D] without consulting first with the victim of the harassment. The Code warns that the victim must be consulted and in most circumstances their wishes considered and respected.
  12. Ms Edwards has a growing reputation gained from acting for the Prosecution in rape cases. She is thorough and robust. She feels strongly about the issue of rape and that the law is inadequate in the protection it provides to rape victims. Defence solicitors acting for Mr Palmer (a man with a string of previous convictions for sexual offences involving young girls) send a brief to Ms Edwards to defend him on a charge of rape. She is available on the dates the trial is fixed for.  

    Which ONE of the following statements is CORRECT?

    [A] Ms Edwards should explain that she only acts for the Prosecution and decline to act for the Defendant.

    [B] Ms Edwards should accept the instructions but set a fee above her normal rate as the work is distasteful to her.

    [C] Ms Edwards may claim to be too busy although there is no other case booked in her diary for the fixed trial dates and decline to act in the case. 

    [D] Ms Edwards must accept these instructions to act for the Defendant in spite of her personal views about the injustice of the system to rape victims.
    [A] Wrong. You must take on any brief for any client within your sphere of practice. You cannot act exclusively for the Prosecution.  

    [B] Wrong. You should not increase fees simply to deter work.

    [C] Wrong. This would be to lie.

    [D] Correct. This is the application of the ‘cab-rank’ rule. See Code Rule 601(a).
  13. You represent a celebrity in a privacy case which has attracted great interest in the media. On the second day of a five day hearing, as you leave Court, you are approached by several members of the press who ask you to comment about the case and what you think of it.

    Which ONE of the following statements is CORRECT?

    [A] You should use all your advocacy skills to advance your client’s case in the media.

    [B] You should confine your comments to the legal issues in the case.

    [C] You should promise to comment on the case to the press at the end of the hearing.

    [D] You should make no comment at all to the press.
    [A] Wrong. You should not use all your advocacy skills to advance your client’s case in the media. You have no authority to do so. The Code is clear in paragraph 709.1 Counsel should not comment to media while a case is still pending. 

    [B] Wrong. You should not make any comments even as to the legal issues as it is a continuing case. The Code does not distinguish legal issues other than comment in an academic context after the conclusion of the case. 

    • [C] Wrong. You should not promise to comment on the case to the press at
    • the end of the hearing; without obtaining permission of the client you
    • are enjoined from saying anything. 

    [D] Correct.  See Code rule 709, the barrister cannot comment on the case either before during or afterwards except in the limited circumstances of an educational or academic context, where it is permissible to express an opinion on an issue arising in the proceedings. Also see Code Rule 702 about the need to keep matters confidential. Here no authority has been granted by the client so the barrister must remain silent.
  14. In relation to Counsel’s duty of confidentiality as a barrister, which ONE of the following statements is CORRECT?

    [A] If Counsel is sacked by his/her lay client s/he is no longer bound by the duty of confidentiality.

    [B] If Counsel is representing a Defendant in a criminal trial and the Judge demands to see the client’s written instructions Counsel is no longer bound by the duty of confidentiality and must comply with the request.

    [C] If Counsel’s lay client tells him/her that he is proposing to kill a witness and Counsel is satisfied that the threat is genuine, Counsel is
    entitled to breach the duty of confidentiality and inform the police.

    [D] In a criminal case Counsel must inform the Prosecution of any information
    given by the client which might reasonably be considered capable of undermining the Defence case.
    [A] Wrong. Because Code of Conduct 702 makes it clear that the duty of confidentiality continues after the Counsel-client relationship has ended.

    [B] Wrong. Because there is nothing in the Code which requires you to accede to a Judge’s request that you breach confidentiality in the circumstances described.

    [C] Correct. According to 702 you must preserve the confidentiality of the client’s affairs “as permitted by law”.  

    [D] Wrong. There is in general no duty on the Defence in a criminal case to disclose adverse material to the Prosecution; cp. CPIA 1996.
  15. You are representing the Claimant in a personal injury matter. On the basis of your research you have advised your client that the case is worth approximately £6500 and he has indicated he is prepared to settle for figure in this region. On the morning of trial you are approached by Counsel for the Defendant. He advises you that his client is prepared to make an offer to settle for the sum of £13,000. It is clear from your discussions that your opponent has misunderstood the medical report;

    Which ONE of the following is the CORRECT course of action?

    [A] Settle the case immediately for the sum offered.

    [B] Point out to your opponent their error and invite them to reconsider their offer.

    [C] Do not inform your opponent of their error but indicate that you will accept a lower figure.

    [D] Proceed to trial as the case cannot be properly resolved.
    [A] Correct. Counsel must promote and protect fearlessly the lay client’s interests. See Code of Conduct para.303 (b). There is nothing in the facts given to suggest that you are “misleading your opponent”.

    [B] Wrong. This would not be securing the best settlement for the client.

    [C] Wrong. This would not be securing the best settlement for your client.

    [D] Wrong. It is not in your client’s best interests to go to trial.
  16. You are instructed for the Claimant in a contract claim. You notice that your instructing solicitors have failed to issue proceedings within the limitation period, although they were instructed before the expiry of the limitation period. The client has lost a valid claim. The client’s loss is in the region of £25,000. The solicitors are an important source of work for you.

    Which ONE of the following statements is CORRECT? 

    [A] You should advise the client to make an application to disapply the limitation bar.

    [B] You should return the papers without saying anything as the information concerning the solicitors’ conduct is confidential.

    [C] You should advise the client that he has a valid claim against his current solicitors and he should seek new legal representation.

    [D] You should draft proceedings against your instructing solicitors because they are to blame for the client’s losses.
    [A] Wrong. There is no provision to extend the limitation period for contract claims.  There is a fixed 6 year period.

    [B] Wrong. The interests of the lay client come first in any situation of conflict. Code para.703.

    [C] Correct. Code para.703 applies. This is a conflict of interest situation.

    [D] Wrong. The client needs independent advice. It would be wrong and undesirable for you to act against a firm who instruct you.
  17. Mr Roberts is defending in a lengthy Crown Court trial involving numerous Defendants.  At the end of the Prosecution opening speech, Mr Roberts takes the view that for at least the next month of the trial there is no serious possibility that events will occur that relate to his lay client.  Mr Roberts wishes to absent himself from the trial so that he can undertake other work.

    Which ONE of the following statements about Mr Roberts’s duties at this point is INCORRECT?

    [A] Mr Roberts must arrange for other defending Counsel to guard the interests of his lay client if he absents himself from the trial.

    [B] Mr Roberts must gain permission to absent himself from Court both from his instructing solicitor (or his representative) and from the lay client.

    [C] If Mr Roberts absents himself from the trial, he must not accept any other commitment which would render it impracticable for him to make himself available at reasonable notice if the interests of his client so require.

    [D] Mr Roberts must gain permission to absent himself from the Judge
    [A] Wrong selection as Counsel must do this. See Written Standards 15.2.4(a); and 15.2.1. 

    [B] Wrong selection as Counsel must do this if planning to absent himself from such a trial. See WS 15.2.4. 

    [C] Wrong selection as Counsel must do this. See Written Standards 15.2.4(c).

    [D] Correct selection as there is no obligation on Counsel to obtain permission from the judge. Counsel should inform the judge of what he is doing: 15.2.4.
  18. Which ONE of the following statements, relating to the duties of   prosecuting Counsel in a criminal case, is INCORRECT?

    [A] Prosecuting Counsel should not attempt by advocacy to influence the Court with regard to sentence.

    [B] Prosecuting Counsel should endeavour to secure a conviction by all means at his command.

    [C] Prosecuting Counsel is responsible for the conduct and presentation of his case.

    [D] Prosecuting Counsel should not confer about the case with factual investigators where their evidence is disputed.
    [A] Wrong selection. The statement correctly reflects the Code as set out in the Written Standards at 10.8(a).

    [B] Correct selection. The statement states the Code wrongly. Prosecuting Counsel must not endeavour to secure a conviction by all means at his command (Written Standards 10.1).

    [C] Wrong selection. The statement correctly reflects the code as set out in the Written Standards 10.2(i).

    [D] Wrong selection. The statement correctly reflects the code as set out in the Written Standards 6.3.1.
  19. The Defendant is charged with grooming a child for sexual activity by communicating with her over the internet.  The alleged victim is 15 years of age. The Defendant, who is a man of good character, wants you to cross-examine the child on the basis that she is a prostitute, a drug addict and a liar. She has previous convictions for possession of drugs but no convictions for offences of prostitution or dishonesty. He says you should be aggressive to her in your cross-examination. The Defendant says that if you do so she is very likely to admit that she has lied.       

    Which ONE of the following statements is INCORRECT?

    [A] You should act in accordance with your lay client’s instructions as to how to conduct the cross-examination of the witness.

    [B] If the judge gives leave, you can ask questions related to the witness’s previous convictions for possession of drugs.

    [C] You can put it to the witness in the case that she is a prostitute although you don’t personally believe this.   

    [D] You cannot ask any questions which are designed merely to vilify or insult the witness.
    [A] Correct selection. A barrister is personally responsible for the conduct and presentation of his case and must exercise personal judgment upon the substance and purpose of statements made and questions asked (Code paragraph 708 (a)). Counsel must act with courtesy towards all they deal with in all professional activities: Code 701 (a).  You should not cross examine aggressively simply because this is what your client wants. Also, according to Code 708 (g) Counsel cannot conduct cross examination in a manner intended or calculated only to vilify, insult or annoy a witness.Counsel should not compromise his professional standards in order to please his lay client; Code paragraph 307(c).  

    [B] Wrong selection. A Judge can permit questions as to a non-Defendant’s bad character under s100 CJA 2003. 

    [C] Wrong selection. There is no evidential basis for the assertion the client wants to be put to the witness that she is a prostitute. Counsel cannot conduct cross examination in a manner intended or calculated only to vilify. 

    [D] Wrong selection. According to Code 708 (g), Counsel cannot conduct cross examination in a manner intended or calculated only to vilify, insult or annoy a witness. Thus, this is a correct statement of the position.
  20. You act for the Defendant. The Defendant has pleaded guilty to an offence of wounding. He tells you in conference that the antecedents produced by the Prosecution are not up to date as he was convicted of a Public Order Act offence for which he was sentenced to a community sentence two weeks ago.

    Which of the following statements numbered (i) to (iii) describing the advice that you should give to the Defendant is/are CORRECT?

    (i) You should explain to the Defendant that the previous conviction may be discovered and he could be brought back and resentenced for this offence if it is not disclosed.

    (ii) You should advise the Defendant that he is likely to gain credit with the Court if he now permits you to disclose this recent conviction to the Court.

    (iii) Ultimately the decision as to what course of action to take is for the Defendant and you will act in accordance with his instructions.

    Select ONE of the following:

    [A] All the statements above are correct. 

    [B] (i) is the only correct statement.

    [C] (ii) and (iii) are the only correct statements.

    [D] (iii) is the only correct statement.
    [A] Correct. (i)- (iii) are all correct.

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