SQE2 - Advocacy (Criminal Litigation) - Sample Question and Discussion of Answer

Sep 26, 2026

SQE2 Advocacy (Criminal Litigation) sample question and answer discussion outlines an exam-style advocacy assessment for candidates. It explains that candidates must undertake 16 SQE2 assessments, and that this example focuses on how to conduct a 45-minute advocacy hearing. The scenario involves representing Steven Jackson at his initial appearance, addressing allocation, case management, the plea of not guilty, and legal arguments to challenge the admissibility of his police station confession under caution, with referenced witness and evidence attachments.

LanguageEnglish

CategoryExam

FormatPDF

Pages20

Reading Time50 min

AccessFree to download

Advocacy (Criminal Litigation) - Sample Assessment

Candidate briefing and hearing purpose

Matters to address at the hearing

Attachments and witness statement overview

Note to candidates

SQE2 sample question and discussion of answer Advocacy (Criminal Litigation) Last reviewed on 28 November 2023 Candidates will undertake 16 assessments in SQE2 . To pass SQE2 candidates will need to obtain the overall pass mark for SQE2 . This sample question and discussion of answer is an example of an advocacy assessment. Candidates will have 45 minutes to conduct the advocacy. For further detail see the SQE2 Assessment Specification. Please note that the sample questions are provided to give an indication of the type of tasks that candidates could be set. They do not represent all the material that will be covered in SQE2 . Future questions may not take exactly the same format. Question and additional candidate papers From: Partner Sent: 13 December 202\# To: Candidate Subject: Steven Jackson I would like you to represent Steven Jackson at his initial appearance before the District Judge at West London Magistrates’Court today. Mr Jackson is charged with a single offence of assault occasioning actual bodily harmon his wife Emma Jackson. He asserts his innocence and intends to plead not guilty. The Court will therefore proceed to allocation and case management. Mr Jackson has no previous convictions or cautions. The prosecution will invite the District Judge to decline summary jurisdiction on the basis that the case is too serious to be tried summarily. The prosecution will point to the nature of the injuries sustained by the complainant and the context in which they occurred. Mr Jackson wants his case to remain in the Magistrates’Court. You will therefore need to be prepared to make appropriate representations to this effect on allocation. [For the purposes of this assessment and irrespective of your submissions on allocation, the District Judge will retain summary jurisdiction and the case will remain in the Magistrates’ Court. The District Judge will then proceed to ask you to address him/her on pre-trial issues.] The District Judge will want to know the basis upon which Steven Jackson is pleading not guilty so that the case can be properly managed and a date set for trial. He/she will also want you to address him/her on the basis on which we seek to challenge the admissibility of Steven Jackson’s confession in police station interview under caution. Therefore, at today’s hearing be prepared to address the district judge on the following matters: 1. why the Magistrates’ Court should retain jurisdiction in this case; 2. the basis on which Mr Jackson is pleading not guilty, including an outline of the disputed issues of fact and those which are agreed; and 3. the legal arguments you will use in seeking to exclude Mr Jackson’s confession. Thanks Partner Attachments: 1. Statement of Emma Jackson 2. Statement of Dr Dora Simpson 3. Statement of PC Collins 4. Record of police interview of Steven Jackson 5. Client’s instructions 6. Sentencing Guideline for s.47 Offences Against the Person Act 1861 Note to Candidates: 1. For the purposes of the assessment, neither the prosecuting solicitor, northe defendant will be present in the room with you. However, in constructing your arguments you should assume that they are present. 2. You will address a single District Judge who will have heard the prosecution’s submissions as to allocation. The District Judge will have a copy of Attachments 1-4 and Attachment 6. | STATEMENT OF WITNESS
(Criminal Procedure Rules, r.16.2; Criminal Justice Act 1967, s.9) | | --- | | Name: Emma Jackson
Age: Over 18
This statement, signed by me, is true to the best of my knowledge and belief and I make it knowing that if it is tendered in evidence I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false ordo not believe to be true.
I have been married to Steven Jackson for three years. We live at 9 Lancaster Road, London, with my daughter from my previous marriage (Katy, aged 16)

FAQs

What is the purpose of the SQE2 sample advocacy assessment in this document?

It provides an example of the type of advocacy assessment task candidates may be set and explains the format and expected focus areas for the advocacy hearing.

What must the candidate address during today’s hearing?

The candidate must address why the Magistrates’ Court should retain jurisdiction, the basis for the not guilty plea including disputed and agreed facts, and the legal arguments to exclude the confession.

Which evidence and statements are attached for use in the assessment?

The attachments include statements by Emma Jackson, Dr Dora Simpson, and PC Collins, the record of Steven Jackson’s police interview, client’s instructions, and a sentencing guideline for s.47 Offences Against the Person Act 1861.

Sep 26, 2026

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