Ethics BPTC Revision questions with answers 2023/24

What are the five ways in which you must act with independence in the interests of justice? (CD1) - ANSWER 1. Not knowingly or recklessly misleading or attempting to mislead the court 2. Not abusing your role as an advocate 3. Taking reasonable steps to avoid wasting the court's time 4. Taking reasonable steps to ensure that the court has before it all relevant decisions and legislative provisions 5. Ensuring that your ability to act independently is not compromised What are the five ways in which you must observe your duty to the court in the administration of justice? (CD1) - ANSWER 1. Not knowingly or recklessly misleading or attempting to mislead the court 2. Not abusing your role as an advocate 3. Taking reasonable steps to avoid wasting the court's time 4. Taking reasonable steps to ensure that the court has before it all relevant decisions and legislative provisions 5. Ensuring that your ability to act independently is not compromised Are you permitted to call hostile witnesses? Which core duty is engaged? - ANSWER CD1 = duty to the court in the administration of justice - I may not call evidence which I know, or am instructed are not true or are misleading - Hostile witnesses may give evidence which contradicts an earlier statement. This could on its face be a breach of the rule prohibiting me to call evidence I know to be false or misleading. - However, I am permitted to call a hostile witness if I make the position clear to the court. - If it becomes apparent during the course of the witness's evidence that they are "undesirous of telling the truth", I should make the application to declare the witness hostile forthwith.