Bar Professional Training Course (BPTC) Advocacy Syllabus

Advocacy syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Advocacy in Bar Professional Training Course (BPTC), not a summary of it.

1. 1

   Foundations of Advocacy

   3 topics

   • The role and duties of the advocate
     • Duty to the court and to the client
     • Professional conduct in the courtroom
   • Case analysis and theory of the case
     • Identifying the issues and building a persuasive narrative
     • Marshalling facts, law and evidence
   • Court etiquette and modes of address
2. 2

   Examination of Witnesses

   3 topics

   • Examination-in-chief
     • Eliciting evidence and avoiding leading questions
     • Refreshing memory and handling exhibits
   • Cross-examination
     • Putting your case and controlling the witness
     • Challenging credibility and reliability
   • Re-examination
     • Repairing damage and permissible scope
3. 3

   Submissions and Applications

   3 topics

   • Legal submissions
     • Structuring legal argument and citing authority
   • Interim and procedural applications
     • Bail applications and interim relief applications
   • Opening and closing speeches
     • Persuasive structure and emphasis
4. 4

   Skills and Delivery

   3 topics

   • Persuasive communication
     • Clarity, pace and use of language
     • Listening and responding to the bench
   • Handling objections and the tribunal
   • Use of evidence in submissions

Advocacy flashcards for Bar Professional Training Course (BPTC)

19 of 49 cards from the Advocacy deck — real questions with worked answers.

1. What are the four core duties of an advocate, often summarised in the 'core duties' of the Bar's Code of Conduct?

   (1) Duty to the court in the administration of justice; (2) duty to act in the best interests of the client; (3) duty to act with honesty and integrity; (4) duty to maintain independence. The duty to the court (CD1) overrides the duty to the client where they conflict.

2. Which duty takes precedence when an advocate's duty to the court conflicts with the duty to act in the client's best interests?

   The duty to the court in the administration of justice takes precedence. An advocate must not mislead the court even to advance the client's case.

3. What is the 'cab-rank rule' for barristers?

   A self-employed barrister must accept any instructions in a field in which they practise, irrespective of the identity, characteristics, or opinions of the client, the nature of the case, or any belief about guilt, provided the fee is proper and they are available. It ensures access to representation.

4. Can an advocate put forward a defence they personally believe is untrue?

   Yes, provided the client does not admit guilt to the advocate. The advocate may test the prosecution case and require it to be proved, but must not assert as true something they know to be false or call evidence they know to be perjured.

5. What must an advocate do if a client admits guilt but insists on pleading not guilty?

   The advocate may continue to act but is restricted: they may test the prosecution evidence and make submissions that it has not discharged the burden of proof, but must NOT assert the client's innocence, set up an affirmative case inconsistent with the confession, or call the client to give evidence denying guilt.

6. Define 'theory of the case' in advocacy.

   The theory of the case is a single, coherent, persuasive account of the facts and law that explains all the agreed evidence, accommodates the disputed evidence in the client's favour, and leads logically to the desired outcome. It is the central organising idea of the case.

7. Distinguish 'theory of the case' from 'theme' in advocacy.

   The theory is the logical, factual/legal framework explaining what happened and why the client should win. The theme is a short, memorable, emotionally resonant phrase or moral label (e.g. 'this is a case about broken promises') that captures the theory's essence and anchors the tribunal's attention.

8. What does a typical case analysis identify as the three categories of facts?

   (1) Agreed/undisputed facts; (2) facts in dispute (the issues to be proved); (3) facts that are favourable or unfavourable. Analysis then links each material fact to the legal elements that must be established and to the evidence available to prove them.

9. In case analysis, what is the relationship between the 'elements', 'facts in issue', and 'evidence'?

   The substantive law defines the legal elements; the facts in issue are the factual propositions that must be proved to satisfy those elements; the evidence is the material (testimony, documents, exhibits) used to prove the facts in issue. Analysis maps evidence to facts to elements.

10. What is meant by the 'standard of proof' in a criminal trial, and on whom does the burden lie?

    The legal burden lies on the prosecution to prove guilt 'beyond reasonable doubt' (so that the tribunal is sure). The defence generally bears no burden, except for specific defences (e.g. insanity, diminished responsibility) proved on the balance of probabilities.

11. How does a barrister correctly address a High Court judge in open court?

    As 'My Lord' or 'My Lady' (and refer to them as 'your Lordship' or 'your Ladyship').

12. How does an advocate address a Circuit Judge or a Recorder in the Crown Court?

    As 'Your Honour'.

13. How does an advocate address District Judges and Magistrates in the Magistrates' Court, and the bench of lay justices?

    A District Judge (Magistrates' Court) is addressed as 'Sir' or 'Madam' (formerly 'Your Worship'). The lay bench is addressed through the chair as 'Sir', 'Madam', or 'Your Worships'.

14. How does an advocate address a Master or a District Judge in civil proceedings?

    As 'Judge' (formerly 'Master' for Masters of the High Court). District Judges in the County Court are addressed as 'Judge' (historically 'Sir'/'Madam').

15. How do advocates refer to one another in court?

    As 'my learned friend' (when referring to a barrister or other counsel) or 'my friend' (when referring to a solicitor advocate), rather than by name.

16. What is the convention for an advocate who needs to leave or enter court while it is sitting?

    The advocate bows (a slight head bow) to the bench on entering and leaving the courtroom while the judge is sitting, as a mark of respect to the court (and, traditionally, the Royal Arms above the bench).

17. Define 'examination-in-chief'.

    The questioning of a party's own witness by the advocate who called them, to elicit, in the witness's own words, admissible evidence supporting that party's case. Its purpose is to present a clear, credible, and complete account of the witness's relevant evidence.

18. What is the general rule about leading questions in examination-in-chief?

    Leading questions (those that suggest the answer or assume disputed facts) are not permitted in examination-in-chief on matters in dispute. They are allowed on introductory, undisputed, or formal matters, and where the other side consents.

19. Which open-question words are the staple of examination-in-chief?

    The 'W' words plus 'how': Who, What, When, Where, Why, and How (and 'Tell us', 'Describe', 'Explain'). These non-leading openers let the witness give the account in their own words.

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