I

SSS 5 DESCRIPTION

THE BAR PROFESSIONAL TRAINING COURSE

ADVOCACY SSS 5:
Speeches

OBJECTIVES

This session is intended to provide an introduction to the following areas:

1.
2.

The qualities of a persuasive speech.

The content of an opening and closing speech.

II

PRACTICAL CONTEXT

Speeches are an integral component of the litigation process especially in criminal

practice. They provide an opportunity to persuade the tribunal of fact of the validity and
credibility of your case. You have to be cognizant of the procedural and ethical rules
pertaining to speeches and also be a good story-teller in order to achieve your desired aim

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Speeches in the criminal courts

In both the magistrates court and the Crown Court the trial process begins with the
prosecution opening speech. Speeches in the criminal courts will be prefaced by:

your instructions;
the evidence as tempting as it might be, you are not at liberty to make up the
story or fabricate evidence;
relevance for any evidence to be admissible it must be relevant;
professional ethics.

The Opening Speech

The opening speech is the first opportunity that advocates have to set out their case.
The triers of fact in criminal trials are magistrates or District Judges (in the Magistrates
court) and juries (in the Crown court). Crucially, they will have next to no knowledge
about the case before the trial starts apart from hearing the charges against the
accused.
Thus for the triers of fact in criminal trials the opening speech is the first real chance to
become acquainted with the issues.
How To Begin
MAGISTRATES COURT:
District Judge
Chairman of Lay Bench Members of Lay Bench -

Sir/Madam
Sir/Madam
Your colleagues

CROWN COURT:
Crown Court Judge High Court Judge/Judge in the Old Bailey -

Your Honour
My Lord/Lady

MAGS May it please you sir/madam I represent the Crown in this matter/ I prosecute
this matter; my learned friend, Miss Jones, represents the defendant.
CROWN COURT May it please Your Honour, ladies and gentlemen of the jury/members
of the jury, I represent the Crown in this matter, etc.

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SSS 5 DESCRIPTION

THE BAR PROFESSIONAL TRAINING COURSE

ADVOCACY SSS 5:
Speeches

SSS 5 DESCRIPTION

THE BAR PROFESSIONAL TRAINING COURSE

ADVOCACY SSS 5:
Speeches

Format & Content of an Opening Speech

The opening speech is

An outline of the relevant facts;

The prologue to the story;
A resume of what happened;
An introduction to the characters;
A guide as to what purpose each character serves;
A statement of intent what you intend to do.

By the end of your speech the listener must feel familiar with the relevant facts.
The elements of the speech
A competent opening speech consists of the following elements:

Introducing your role as advocate in the case and that of your opponent/s to the
court;
Giving a clear statement of the disputed issues between the parties;
Giving a clear summary of the facts of the case, incorporating an outline of the
evidence of the witnesses, if the admissibility of that evidence is not challenged;
Addressing the court on the law;
Speaking clearly using appropriate language;
Delivering the speech without reading from a prepared script;
Complying with the rules of professional conduct.

You have to consider always

What is it that I have to prove or disprove?
What do I have to say about this case?
What do I want to tell the listener about the case case theory. Everything you say
therefore must point towards that ultimate goal. If it does not it is irrelevant.
In the Magistrates court
Opening speeches in the magistrates court may be brief (especially where you are before a
District Judge), though that will depend on the complexity of the case and the features of
the case that might merit explanation. There should be an introduction of parties, a brief
prcis of what the case is about, matters accepted and disputed, any legal issues, and a
treatment of what the Crown says happened together with the basis for that.
You could expand (especially if there are a number of witnesses or a number of issues).
However, this is not always necessary.

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SSS 5 DESCRIPTION

THE BAR PROFESSIONAL TRAINING COURSE

ADVOCACY SSS 5:
Speeches

In the Crown Court

Introduce the parties
Explain the allegation hand out the indictment; explain it in simple terms.
Clarity/familiar language.
Set out the facts put the allegations in context. The jury will have a greater
understanding of the case if they understand what happened, where, and why. As far as
possible, keep the story simple.
Let the audience know what you say took place in a way that is vivid and easy to recall and
that can act as a point of reference when they hear the evidence. As far as possible, the
evidence should not take them by surprise.
Whats in dispute outline the issue/s in the case.
Witnesses introduce them. Summarise what they will say if necessary.
Burden and standard of proof the prosecution bring the case. It is for the prosecution
to prove it so that you are sure that the defendant acted as alleged. If you have any
reasonable doubt as to the defendant committing the acts alleged, you must acquit
Never overstate your case; it is always possible that witnesses will not come up to proof.
You will have to exercise judgment as to the amount of detail you go into. Too much detail
could bore the jury and witnesses may not come up to proof. Insufficient detail wont grab
their attention and may leave them floundering. You may also expose yourself to evidence
that takes the jury by surprise.
Do not refer to evidence which is going to be subject to an argument on admissibility. If this
is the only evidence in the case you will have to have a preliminary hearing (a voir dire)
prior to the opening speech to determine its admissibility.
Do not give personal opinions.
The Closing speech
The closing speech is where you show how your case has been proved. You are looking at all
the evidence in the case and showing how it fits into your case theory. You therefore need
to look at all strands of evidence that support the case. You should not give your own
personal opinion but can put a proposition or suggestion to the jury as to how they should
regard a piece of evidence.
Do not ignore damaging evidence. Address it either by putting forward an explanation or
counterbalancing it with some favourable evidence.
The Burden of proof can be very significant for the defence, especially where the
evidence against the defendant is strong.
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You should not refer to the likely sentence the defendant would get if convicted

Delivery - as far as possible ensure that your speeches are succinct and concise.
Repetition can be an effective means of emphasizing an issue but too much repetition only
serves to bore the audience.
Maintain eye contact with your audience and do not read from a prepared script.
Avoid slang and language that could cause offence.
Professional conduct - you must not:

mislead the court;

make assertions of fraud without clear instructions to do so and without credible
evidence that supports that allegation;
manufacture evidence;
make statements or ask questions which are merely scandalous or intended only
to vilify, insult or annoy a witness.

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SSS 5 DESCRIPTION

THE BAR PROFESSIONAL TRAINING COURSE

ADVOCACY SSS 5:
Speeches