SQE 2 – Criminal Litigation Advocacy
Important Notes
These were the tests and applications that I learned for my SQE 2 exams sat in May
2025. This is not an exhaustive list of all possible advocacy situations, and there may
be some areas that I have not covered. Please check everything against your own
materials and do not rely solely on these notes for your SQE 2 revision.
The SRA have said that you don’t need to know statute or case law references – I
have included them for completeness. However, if you do happen to know the relevant
statutory reference for your application, you can reference it within your submissions.
,SQE 2 – Criminal Litigation Advocacy
Standard criminal advocacy structure
1. Introductions of parties and application
E.g. “May it please the court, I appear on behalf of the Defendant, [name]. My Friend
appears on behalf of the Prosecution. This is the Defence’s application to…”
If you’re going second à “May it please the court, I represent [party] in their opposition
to the [other party’s] application to…”
2. Check papers
“Judge*, before I make my submissions, can I please confirm that the court has before
it all the relevant papers for this application?”
Can list these to be specific – e.g. “I believe the court should have had sight of…”
If you’re going second, you may not need to do this, but can be worth double checking
any particular documents which you will be relying on as evidence in your submissions
3. Summary of facts
“Would the court be assisted by a summary of the facts relevant to this application?”
• Make sure you are prepared to give these if they say yes
• Cover the key facts of the case – i.e. the offence charged, alleged facts of this
If you are the respondent à applicant will have already addressed these, so “I am
grateful to my friend for making introductions and setting out the factual background
to this application. Would the Judge like any further elaboration on the facts of this
case?”
4. Set out the legal position for the application
“This is the Defence’s application/opposition to… As I’m sure the court is aware… [set
out legal background and what you need to show or address for the application – this
may be a specific test, or just a general position, e.g. that bad character evidence is
inadmissible unless one of the gateways applies]”
5. Outline submissions
“Judge, I will make two/three/etc submissions to the court. Firstly, I will address… I will
then consider … in my second submission…”
6. Submissions
“Turning to my first submission…”
Within the submissions – “I have … points to make in this regard”
State your argument, refer to evidence to justify this, and then conclude on each
submission before moving on
, SQE 2 – Criminal Litigation Advocacy
7. Conclude on your application
Summarise what order you want the court to make and why (briefly)
“Unless I can be of any further assistance to the court, that concludes my
submissions.”
*I am using Judge in this document as this is the most likely – but it may not always
be the case that this is the correct mode of address
• Magistrates = Sir/Madam
• Tribunal judge, district judge and high court master = Judge
• Circuit judge and recorder = Your Honour
• High court judge and court of appeal judge = My Lord/Lady
Important Notes
These were the tests and applications that I learned for my SQE 2 exams sat in May
2025. This is not an exhaustive list of all possible advocacy situations, and there may
be some areas that I have not covered. Please check everything against your own
materials and do not rely solely on these notes for your SQE 2 revision.
The SRA have said that you don’t need to know statute or case law references – I
have included them for completeness. However, if you do happen to know the relevant
statutory reference for your application, you can reference it within your submissions.
,SQE 2 – Criminal Litigation Advocacy
Standard criminal advocacy structure
1. Introductions of parties and application
E.g. “May it please the court, I appear on behalf of the Defendant, [name]. My Friend
appears on behalf of the Prosecution. This is the Defence’s application to…”
If you’re going second à “May it please the court, I represent [party] in their opposition
to the [other party’s] application to…”
2. Check papers
“Judge*, before I make my submissions, can I please confirm that the court has before
it all the relevant papers for this application?”
Can list these to be specific – e.g. “I believe the court should have had sight of…”
If you’re going second, you may not need to do this, but can be worth double checking
any particular documents which you will be relying on as evidence in your submissions
3. Summary of facts
“Would the court be assisted by a summary of the facts relevant to this application?”
• Make sure you are prepared to give these if they say yes
• Cover the key facts of the case – i.e. the offence charged, alleged facts of this
If you are the respondent à applicant will have already addressed these, so “I am
grateful to my friend for making introductions and setting out the factual background
to this application. Would the Judge like any further elaboration on the facts of this
case?”
4. Set out the legal position for the application
“This is the Defence’s application/opposition to… As I’m sure the court is aware… [set
out legal background and what you need to show or address for the application – this
may be a specific test, or just a general position, e.g. that bad character evidence is
inadmissible unless one of the gateways applies]”
5. Outline submissions
“Judge, I will make two/three/etc submissions to the court. Firstly, I will address… I will
then consider … in my second submission…”
6. Submissions
“Turning to my first submission…”
Within the submissions – “I have … points to make in this regard”
State your argument, refer to evidence to justify this, and then conclude on each
submission before moving on
, SQE 2 – Criminal Litigation Advocacy
7. Conclude on your application
Summarise what order you want the court to make and why (briefly)
“Unless I can be of any further assistance to the court, that concludes my
submissions.”
*I am using Judge in this document as this is the most likely – but it may not always
be the case that this is the correct mode of address
• Magistrates = Sir/Madam
• Tribunal judge, district judge and high court master = Judge
• Circuit judge and recorder = Your Honour
• High court judge and court of appeal judge = My Lord/Lady
