Workshop 8 (examination in chief)

This document pack contains selected and required documents from across the ‘prepare’,
‘apply’, ‘collaborate’ and ‘consolidate’ stages of your learning cycle. These materials are
provided as part of a learning support agreement and are provided as an alternative to
accessing the equivalent materials from the Hub, BPP Adapt and the Virtual Practice
Environment.

It is important that you consider the workshop document packs in numerical order. This will
enable you to fully understand how the different tasks progress and how the case studies
develop across the module. We strongly encourage you to consider the ‘collaborate’ and
‘consolidate’ materials after attending the relevant workshop in order to:

· Ensure that you do not compromise your ability to participate fully and appropriately
in your workshop (nor compromise the learning experience for your peers);

· Realise your individual potential by facilitating deep learning;

· Encourage assessment success; and

· Prepare you for a career in professional legal practice.

Workshop 8 (examination in chief)

Learning Objectives
In this part of the module you will:
1. Structure an examination in chief in a clear and logical way.
2. Elicit an account by questioning.
3. Observe formalities when introducing a witness.
4. Signpost your structure for the listeners.

Professional Statement
During this workshop you will engage with the following competencies from the Professional Statement for Barristers:

1.9 Exercise good communication skills, through any appropriate medium and with any audience as required in their work.
(d) Use appropriate listening and questioning techniques when obtaining information;
(h) Exercise good English language skills;
(j) Speak articulately and fluently.

1.10 Make sound judgements in their work.

(a) Apply effective analytical and evaluative skills to their work.

1.15 Have persuasive oral advocacy skills.

(b)Apply effective analytical and evaluative skills to their work;
(d) Prepare how they will effectively communicate the argument;
(e) Manage facts to support the argument or position;
(h) Comply with all relevant formalities.

1.17 Know how to conduct themselves appropriately in court.

(a) Use the required dress, accepted forms of address, observe formalities of proceedings and follow established conventions and
customs in each forum where they represent clients.

Prepare
Adapt Preparation There are no new BPP Adapt elements for this workshop. However, you have received feedback from your
tutor and peers identifying areas of your oral skills for you to work on.  You can revisit any of the previous
elements that will assist the development of your oral skills. These can be accessed in Barristers Skills in the
My Modules icon in BPP Adapt.
Examination in Chief Assessment In this workshop we will be primarily concentrating on the Structure criterion of the rubric.  Familiarise
Rubric yourself with this element prior to the workshop.    
Peer Feedback Form You will be directed to this form during the workshop to help you provide feedback in relation to your peers'
perf ormance. Please download and save to your OneDrive a copy for each of your peers.

Apply
There is no new VPE task for this workshop. You received an email from your clerk about this matter before Workshop 6.

VPE   Should you wish to re-read the email or the case papers in R v. Purdy you can visit the VPE via the link below.

Ensure you have completed all relevant tasks in advance of attending the workshop. 

Collaborate
Attend the workshop where you will perform your examination in chief and receive feedback from your tutor and your peers.  You will also
provide feedback on the performance of your peers. Ensure your preparatory work is accessible on your device without needing to be online and
that you have downloaded sufficient copies of the peer f eedback form.  
Workshop slides These are the slides that accompany this workshop.

Consolidate
Complete the below tasks in order to consolidate your learning.

Exemplar Case Theory and Here is the exemplar Case Theory and Trial Strategy Note for R v.Purdy. Read the document and compare
Trial Strategy Note this exemplar to your own Case Theory and Trial Strategy Note. Were there any differences?
Self -reflection Having read the exemplar Case Theory and Trial Strategy Note, it is very important that you ref lect on
your actual performance. In particular, you should:
1. Consider the oral and written feedback given by your tutor and peers.
2. Consider the exemplar Case Theory and Trial Strategy Note.
3. Watch the recording of your performance again.
4. Complete the self-reflection form.
Share your self-reflection form with your tutor via Office 365 at least 24 hours before your next examination
in chief workshop. 
Prepare
Workshop 8 (examination in chief)
Peer feedback

You have never been to Court before. You know nothing of the legal justice system except for
what you see and hear in the media and your experience of barristers comes from films and
TV. Listen to your colleagues’ advocacy in this context.

Rather than focusing on the questioning, as we did in the last examination in chief workshop,
focus on the answers. Focus on the story being told. Imagine you are hearing it for the very
first time and consider the following questions.

For each performance, make notes on as many of these questions as you can. If your answer
is yes, note how the advocate has achieved that; if your answer is no, can you identify what
has prevented you saying yes and what could be done to improve?

Performing Student Name:

Your name:

Does the story make sense?

Is the scene set before the story plays out?

Do you know who the relevant people/places/relationships are?

Can you picture the events happening?

Can you follow the step by step chronology of events?

Does the narrative focus on each detail for the right length of time?

Can you follow the progress of the narrative?

Did the advocate ask all the questions you could foresee?

After completing this form please share it with your peer AND your tutor via Office 365.
Apply
 Collaborate
[You are strongly advised to consider these ‘collaborate’
materials only after attending the relevant workshop.]
Workshop 8 (examination in chief)
Structure and Formalities
Learning objectives

In this part of the module you will:

1. Structure an examination in chief in a clear and logical way.

2. Elicit an account by questioning.
3. Observe formalities when introducing a witness.
4. Signpost your structure for the listeners.
Professional Statement

During this workshop you will engage the following competencies from the
Professional Statement for Barristers:

• 1.9 Exercise good communication skills, through any appropriate

medium and with any audience as required in their work.
• 1.10 Make sound judgements in their work.
• 1.15 Have persuasive oral advocacy skills.
• 1.17 Know how to conduct themselves appropriately in court.
Task 1 – Purdy Structure (LO 1)
ISSUES TIM E LINE ISSUES

Name, age Did not name Marcus

Children, ages START: as ex,
MARKET COSTA WARMSBURYS
10:35am Doesn't want to do
so (explain)
Details of income
Universal credit
Good with money,
strict budgeting each No comment
week interview, pre-
prepared statement
• Looked around Market • Marcus suggests coffee in costa • Then w ent to Warm sburys (explain why)
Items with her that • Met Marcus outside m arket • George street Costa (Describe, tw o (minutes aw ay)
day. Description of 11:15 (“people w atching” comment stories) • Arrived approx. 11:30/11:40
pram – targets to steal, said he w as • Marcus paid using credit card • Busy shop (Explain and
Description of successful) (Explain and describe) describe)
• Went to toilet (Toilets w ere open,
Previous convictions
handbag – zip, £40 • Marcus
explain left pram and handbag, behavior/m ovements in
(pleaded guilty,
cash changed since then)
opportunity for Marcus to put credit shop (Explain and describe)
card in) • Your dem eanor/m ovements
Set the scene, • Altercation w ith barista (denies this in store (Explain and
Altrincham happened) describe)
• Perfum e aisle, £9.99 set
22nd December
(placed in basket)
Christmas shopping • Alcohol aisle (Explain and
describe, normal shopping)
• Went to till (paid for perfume
Relationship with
w ith cash)
Marcus • Stopped, accused stealing,
(denial, blames Marcus)
• Stolen card found by police
(first time seen it)
Consolidate

Consolidate your learning by undertaking Learning objectives

the following tasks after this workshop: In this part of the module you will:
• Undertake self-reflection on your 1. Structure an examination in chief in a clear
“examination in chief”. and logical way.
2. Elicit an account by questioning.
3. Observe formalities when introducing a
witness.
4. Signpost your structure for the listeners.
 Consolidate
[You are strongly advised to consider these ‘consolidate’
materials only after attending the relevant workshop.]
 R v. PURDY – CASE THEORY AND TRIAL STRATEGY
CASE THEORY
This is a case of theft from shop and handling stolen goods where the defendant denies
involvement in either of the two offences. The defendant has a history of acquisitive offending
that is likely to be adduced at trial but, that being said, she has changed of late.

On the day, the defendant was in company with ex-partner Leadenhall who confessed to
having stolen something from someone when she initially met with him at 1115 (the card
having gone missing between 10.00 and 11.00). The defendant did not ask anything further
about this and had no knowledge of the stolen card. They then went to Costa where there was
an obvious opportunity for Leadenhall to put the stolen card into the defendant’s
unaccompanied handbag.

The pair then attended Warmsburys supermarket which was incredibly busy in the lead up to
Christmas and it would be impossible for the staff there to have kept an eye on them
throughout their time in the store given the number of customers, the fact that the staff were
trying to be discrete and the obvious obstacle in the form of the pram. No one actually saw the
defendant take the items and put them into the pram. It is right that no one saw Leadenhall
put the items in the pram either but he had ample opportunity to whilst staff attention was
drawn to the defendant. He then left the store abruptly. Was he hoping to meet the defendant
outside and take the goods? Was he attempting to get her into trouble? It is unclear but there
is a possibility that Leadenhall was responsible.

It is therefore possible that Leadenhall obtained the razors when looking at the male grooming
items, the perfume when he was stood by the defendant picking her £9.99 perfume, the gin
from the special buys section and the meat from the fresh produce aisle all whilst staff were
focussing their attention on the defendant. Leadenhall could then have put the items in the
pram when saying goodbye to the baby.

If the defendant had been “handling” the bank card in question then she would surely have
stored it in her purse which we know – from the evidence of PC Field – was located in the bag
itself and separate from the compartment where the stolen card was found. Furthermore, if
she was aware of the card, and intending to keep it, then wouldn’t she have used this to
purchase her £9.99 item?
TRIAL STRATEGY – JOANNA HEAD

This witness is clearly keen on protecting the integrity of the store due to the recent spate of
thefts and has a financial incentive in apprehending shop lifters in the form of an impending
promotion. She is also prone to jumping to conclusions e.g. she suggests the defendant was
on drugs because of her mannerisms. Has she added two and two together and got five in a
desperate attempt to rid the shop of another potential thief?

The best way to tackle this witness’ evidence is to explore the lack of view that she had of the
defendant – and of Leadenhall – whilst they were in the store:

· Head was trying to stay out of view from the defendant to stay “as inconspicuous as
possible”;
· the shop was busy with Christmas shoppers;
· at points, she was 10 meters away;
· the pram was causing an obstruction at times and;
· she averted her gaze to avoid being seen.

Importantly, Head never actually saw the defendant take anything nor did she see her conceal
the items in the pram. Notwithstanding this, Head told the attending officer that she had seen
such (PCs statement both agreed and will be read at trial). Head had obviously formed her
conclusions at this point and was either lying or exaggerating to the officer. It appears to be a
case of the latter as Head did not maintain that stance in examination-in-chief.

Additionally, due to the above factors, Head cannot accurately account for Leadenhall’s
actions at all times and does not mention, for example, him touching the pram to say goodbye
to the baby as he accepts that he did and as was witnessed by Lindsay.

Head is also able to confirm the defendant’s immediate denial of the offence at the scene
which is consistent with her instructions.

Note of the Case theory and Trial Strategy document

The case theory should be a maximum of 1 side of A4 in font Arial size 11.

The trial strategy for each witness should be a maximum of 1 side of A4 in font Arial size 11.
Workshop 8 (examination in chief)
Self-reflection

You will now have received written and oral feedback on your performance from your tutor
and peers. Re-read all of your feedback before you begin this exercise.

Now watch your performance and try to do so through the eyes of someone hearing it for the
first time.

Once you have done the above, please complete the following:

(1) How thoroughly did you enable the witness to tell their story?

(2) What helped facilitate the story telling? What hindered it?

(3) How interested do you seem in the witness's answers? Do you manage to convey
interest without responding to the answers verbally?

(4) Does your tone vary during your questioning? When and how?

(5) What would your change of tone convey to a juror? Is this intended? Is it helpful?

(6) How well did your structure match that discussed and devised collaboratively at the
start of the workshop? Where did it differ?

(7) What do you intend to change in your next performance in relation to your:
a. Structure?
b. Delivery and communication?

Once you have completed your reflections please share this form, via Office 365, with
your tutor at least 24 hours before your next examination in chief workshop.