SQE2 sample question and discussion of answer - Advocacy (Criminal Litigation) - November 2020

Sep 26, 2026

SQE2 Advocacy sample materials for a criminal litigation assessment, focusing on a Magistrates’ Court allocation and pre-trial issues. Candidates receive a scenario involving Steven Jackson charged under s.47 of the Offences Against the Person Act 1861, with representations needed to argue the court should retain summary jurisdiction. The task also includes outlining disputed facts underlying a not guilty plea and presenting legal arguments to challenge admissibility of an audio-recorded, cautioned police station confession, based on provided witness and guideline attachments.

LanguageEnglish

CategoryExam

FormatPDF

Pages22

Reading Time55 min

AccessFree to download

Advocacy (Criminal Litigation) - November 2020

Assessment instructions and timing

Case scenario and allocation representations

Defence topics for the District Judge

Statement of witness: Emma Jackson

SQE2 sample question and discussion of answer Advocacy (Criminal Litigation) November 2020 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 prepare and 15 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. You will find attached: 1. Statement of Emma Jackson (1 page) 2. Statement of Dr Dora Simpson (1 page) 3. Statement of PC Collins (1 page) 4. Record of police interview of Steven Jackson (2 pages) 5. Client’s instructions (2 pages) 6. Sentencing Council for England and Wales Assault Definitive Guideline: Extract from Specific Sentencing Guideline for s.47 Offences Against the Person Act 1861 (4 pages) Mr Jackson is charged with a single offence of assault occasioning actual bodily harm on his wife contrary to s.47 Offences Against the Person Act 1861. 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 serious nature of the injuries sustained by the complainant and the context in which they occurred. Steven Jackson wants his case to remain in the Magistrates’Court. You need to be prepared therefore 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 his audio-recorded police station interview under caution. Therefore, at today’s hearing you should set out orally the following: 􀁸 The defence representations as to why the Magistrates’ Court should retain jurisdiction in this case; 􀁸 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 􀁸 The legal arguments you will use in seeking to exclude Mr Jackson’s confession in his audio-recorded police station interview under caution. Thanks Partner Note to Candidates: For the purposes of the assessment, neither the prosecuting solicitor, nor the defendant will be present in the room with you. However, in constructing your arguments you should assume that they are present. 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 6 listed above. STATEMENT OF WITNESS (CJ Act 1967, s9; Crim PR Rule 16.2) 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 hav

FAQs

What must candidates prepare during the SQE2 advocacy assessment?

Candidates must prepare defence representations for allocation to support retaining summary jurisdiction. They must also address the basis for the not guilty plea with agreed and disputed issues of fact, and set out legal arguments to challenge admissibility of the defendant’s cautioned audio-recorded confession.

What is Steven Jackson charged with and what is his plea?

Steven Jackson is charged with a single offence of assault occasioning actual bodily harm to his wife under s.47 of the Offences Against the Person Act 1861. He asserts his innocence and intends to plead not guilty.

How does the defence seek to handle the confession evidence?

The defence must provide legal arguments seeking to exclude Mr Jackson’s confession from his audio-recorded police station interview under caution, as part of the pre-trial submissions to the District Judge.

Sep 26, 2026

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