SQE2 advocacy example: a bail application

This SQE2 advocacy example is a short, annotated bail application in a magistrates' court, showing the structure, law and answers to the judge that assessors reward. Read it with the SQE2 advocacy skill page, then try one against an AI judge in our practice tasks.

The scenario

Callum Reid, 24, is charged with burglary of a shop (a non-dwelling) after a night break-in. He has a settled address: he lives with his mother at 3 Mill Lane. He has one conviction for theft eight months ago, for which he received a community order that he completed. He has no history of failing to attend court. The prosecution opposes bail on one ground: that he would commit further offences. You act for Callum. All names and facts are invented.

The criminal law basis is the Bail Act 1976. A defendant has a general right to bail. Bail may be refused only on a ground in Schedule 1, and for an imprisonable offence one of those grounds is substantial grounds for believing he would fail to surrender, commit an offence on bail, or interfere with witnesses. Conditions may be imposed to deal with a real risk.

The worked submission

Introduction. "Madam, I appear for Mr Reid. He applies for bail. The prosecution opposes on a single ground, the risk of further offending. I will address the law, the objection and then the conditions he can accept."

Why it works: name, client, relief, and a map of what follows, in three sentences. The judge knows how long you will take.

The law. "Under section 4 of the Bail Act 1976 Mr Reid has a right to bail unless an exception in Schedule 1 applies. The court may refuse bail only if it is satisfied there are substantial grounds for believing he would commit an offence on bail. Suspicion is not enough."

Why it works: you state the legal test once, correctly, and put the burden where the judge needs to see it.

The objection. "The prosecution rely on a previous theft conviction. That was eight months ago. It was dealt with by a community order, which Mr Reid completed without breach. It shows he complied when supervised. He has never failed to attend court."

Why it works: facts in short sentences, each one meeting the prosecution's point. Do not invent facts you were not given. Misleading the court is an ethics failure.

The conditions. "If the court has any concern, there are conditions that meet it. Mr Reid can live and sleep at 3 Mill Lane, observe a curfew from 8 pm to 6 am, sign on at his local police station twice a week, and not go within the town centre where the shop is. These conditions address the risk the prosecution identify."

Why it works: you offer practical, enforceable conditions linked to the stated risk. This is the part many candidates skip.

Conclusion. "Madam, there are no substantial grounds on the evidence, and any residual risk is met by conditions. I ask the court to grant bail on those terms."

Dealing with the judge's questions

Judge: "The alleged offence was at night. Why would a curfew help?"

You: "Because the allegation is of an overnight offence, a curfew covers the very hours in question. It is also a condition the police can check."

Why it works: a direct answer in the first sentence, then one reason. Do not argue, and do not say "I will come to that" unless you will.

Judge: "Is your client likely to plead guilty?"

You: "Madam, Mr Reid has not yet entered a plea, and it would not be right for me to comment on his likely plea."

Why it works: it is honest and stays within your instructions. You must not mislead the court, and you must not volunteer client confidences.

What an assessor looks for

• Appropriate language and behaviour: "Madam" or "Sir", courteous, standing.
• A clear, short, persuasive structure with signposting.
• Dealing with the judge's questions directly.
• Correct law, stated once, then applied to facts.
• Ethics: no misleading the court, no unsupported facts, and honesty about what you do not know.

The SRA grades each criterion from A (superior) to F (extremely poor).

Common mistakes

• Reading from a script and ignoring the judge's reactions.
• Repeating the facts the judge already has.
• Not offering conditions.
• Overstating: "my client has never done anything wrong" when he has a conviction.
• Not preparing a fallback if the judge disagrees.

Use your 45 minutes of preparation to write only headings and key facts. A full script is hard to deliver and hard to adapt.

Checklist

1. Who you are, who you act for, what you ask for.
2. The legal test, correctly stated.
3. The opposing argument, answered fact by fact.
4. Conditions that match the risk.
5. A short conclusion that repeats your request.
6. Be ready for questions at every point.

Questions

Related

• SQE2 advocacy: how to prepare and perform
• SQE2 criminal litigation: what the tasks look like
• SQE2 ethics and professional conduct: how it is tested
• SQE2 pass mark: how it works

Sources: SRA: The SQE2 assessment (presentation); Legislation.gov.uk: Bail Act 1976; SRA: guidance on ethics and professional conduct changes for SQE2 after 1 September 2026. Checked 10 November 2026.