Communication
Skills
For Lawyers
Module Handbook
2010-2011
Workshop Leaders
Marc Howe (marc.howe@brookes.ac.uk)
Andrew Kopkin (akopkin@brookes.ac.uk)
1
2
MODULE LEARNING OUTCOMES: LINKED TO BENCHMARKS
U22135 COMMUNICATION SKILLS FOR LAWYERS
1.
Knowledge and Understanding
Taught, practised and assessed
Successful completion of this module will allow a student to:
(a)
(b)
(c)
2.
Demonstrate an understanding of the techniques and skills involved in
advocacy and client interviewing
Gained an understanding of relevant areas of substantive law and
procedure in the context of advocacy and client interviewing
Identify and deal with issues of professional conduct, ethics and client
confidentiality in the context of advocacy and client interviewing
Disciplinary/Professional Skills
Taught, practised and assessed
Successful completion of this module will allow a student to:
(a)
(b)
(c)
Select, identify and analyse relevant facts in the context of advocacy
and client interviewing
Identify, analyse and apply relevant substantive law and procedure in
the context of advocacy and client interviewing
Read and analyse hypothetical case studies and apply relevant
substantive law and procedure to relevant facts in the context of
advocacy and client interviewing
3.
Transferable skills
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Communication: oral (taught, practised and assessed)
Oral presentation skills (taught, practised and assessed)
Information gathering (taught, practised and assessed)
Problem solving (taught, practised and assessed)
Learning skills (taught, practised and assessed)
Self-management (taught, practised)
Organisational skills (practised)
3
U22135 COMMUNICATION SKILLS FOR LAWYERS
This course is concerned with communication skills and looks at the oral skills
involved in advocacy and client interviewing. In the first part of the course you
will learn and develop oral presentation techniques in the context of a plea in
mitigation. In the second part of the course you will learn and practise the
skills necessary for an effective client interview. The course will involve the
use of DVD recording, playback, analysis and reflection upon learning.
WORKSHOP AND ASSESSMENT TIMES
Workshops and Assessments will take place on Tuesdays in Weeks 1-11.
You are expected to attend all relevant workshops, mock assessments and
assessments. Please note that mock assessments and assessments will
normally take place in the OXILP Skills Suite, which is located next to the
library entrance on the Gipsy Lane Campus.
ASSESSMENTS
Advocacy



40% of total marks.
Assessments based on the facts of case studies distributed in mock
assessments.
Advocacy Assessments will take place in Week 5
Client Interviewing



40% of total marks.
Client Interviewing Assessments based on the facts of case studies
distributed in mock assessments.
Client Interviewing Assessments will take place in Week 11
Reflective Dossier


20% of total marks
Dossier to be handed in no later than 1pm on Friday of Week 12
4
COMMUNICATION SKILLS: REFLECTIVE DOSSIER
On this module 20% of the total marks are awarded for the Reflective
Dossier. The Reflective Dossier should include separate sections for the
advocacy and client interviewing courses, and separate sections dealing with
each week of the course. The Reflective Dossier should also deal with the
advocacy and client interviewing assessments.
The Reflective Dossier might also include:

a record of your attendance and work done on advocacy and client
interviewing course (including work done in preparation for workshops and
assessments);

your observations and reflection upon the tasks and exercises carried out
in the advocacy and client interviewing workshops;

your observations and reflection upon what you learned about sentencing,
advocacy and client interviewing;

your observations and reflection upon your performances in the advocacy
and client interviewing workshops;

your observations and reflection upon the feedback received from your
workshop leader

your observations and reflection upon your video-recorded pleas in
mitigation and client interviews (attaching the feedback forms completed in
the workshops);

your observations and reflection upon the progress that you made as the
course progressed;

your observations and reflection upon how you think that you might further
improve your advocacy and client interviewing skills; and

your observations and reflection upon how you felt the final advocacy and
client interviewing assessments went.
There is no word limit, though you should bear in mind that the reflective
dossier accounts for 20% of the total marks available for the module. A copy
of the reflective dossier feedback form is included in this module handbook.
Please note that the Reflective Dossier is to be handed in no later than 1pm
on Friday of Week 12.
5
COMMUNICATION SKILLS: WORKSHOPS
Please note that you should attend all workshops, which will involve the
detailed consideration of relevant problem scenarios.
ADVOCACY: PLEAS IN MITIGATION
Week 1
Workshops
Introduction to Communication Skills for Lawyers.
Preparation for Pleas in Mitigation: R-v-Simpson
Week 2
Workshops
Pleas in Mitigation: R-v-Turner
Week 3
Workshops
Pleas in Mitigation: R-v-Ramsey
Week 4
Workshops
Pleas in Mitigation: Mock Assessments: R-v-Young
Week 5
Assessments
Pleas in Mitigation: Final Assessments
Week 6
Reading Week
No Workshops
6
CLIENT INTERVIEWING
Week 7
Workshops
Introduction to Client Interviewing
Client Interviews: Scenario A and Scenario B
Week 8
Workshops
Client Interviews: Scenario C
Week 9
Workshops
Client Interviews: Scenario D
Week 10
Workshops
Client Interviews: Mock Assessments
Week 11
Assessments
Client Interviews: Final Assessments
Week 12
Reflective Dossier
Dossier Deadline: 1pm on Friday of Week 12
7
8
Communication
Skills
For Lawyers
Reflective Dossier
Feedback Form
9
10
STUDENT ASSESSMENT FORM (Reflective Dossier)
Module Name:
U22105 Communication Skills
Student Name/Number:
Date of Submission:
December 2010
The idea of this form is to give you some feedback upon your reflective dossier.
Not all the criteria are of equal importance. Assessment of aspects of your
performance will be ticked in the appropriate box. Specific comments may also
be added below.
STRUCTURE OF
REFLECTIVE
DOSSIER
Clear and
appropriate
Unclear and
inappropriate
CONTENT OF
REFLECTIVE
DOSSIER
Relevant material
included in dossier
Irrelevant material
included in dossier
OBSERVATIONS
AND REFLECTION
ON ADVOCACY
Critical and insightful
observations and
reflection
Observations and
reflection lacking in
critical insight
OBSERVATIONS
AND REFLECTION
ON CLIENT
INTERVIEWING
Critical and insightful
observations and
reflection
Observations and
reflection lacking in
critical insight
WRITING STYLE
Clear, accurate and
appropriate
Unclear, inaccurate
and inappropriate
CLARITY OF
EXPRESSION
INCLUDING
GRAMMAR AND
SPELLING
Clear and correct
Unclear and incorrect
Comments about Performance:
Overall Grade and Mark (out of 20):
A
B+
B
C
11
D
F
12
Communication
Skills
For Lawyers
Advocacy
13
14
STRUCTURE OF A PLEA IN MITIGATION
Introduction
You should begin by stating that you appear for your client and are instructed
to make a plea in mitigation on their behalf. You should then state what
sentence you would suggest as being the most appropriate way of dealing
with your client and the essence of why you are suggesting this.
Offence Seriousness
In determining the seriousness of the offence, the court must take account of
the offender’s culpability in committing the offence and of any harm the
offence caused, was intended to cause, or might have caused. The court will
also take account of the offender’s recent and relevant previous convictions
and of any failures to respond to previous sentences.
Your plea should deal with factors which either aggravate or mitigate offence
seriousness, including the offender's previous convictions.
Personal Offender Mitigation
The court has a wide discretion to take account of mitigating factors. Personal
mitigation may include personal circumstances of offender; effect of sentence
on offender; effect of sentence on others; offender’s co-operation with
investigation and prosecution; and offender’s capacity to reform.
Your plea should accordingly deal with the personal circumstances of
offender; the effect of sentence on offender; the effect of sentence on others;
the offender's co-operation with investigation and prosecution; and the
offender's capacity to reform.
Conclusion
In your conclusion you should repeat what sentence you would suggest as
being the most appropriate way of dealing with your client.
15
16
Advocacy
Plea in Mitigation:
Connor Simpson
17
18
PLEA IN MITIGATION: CONNOR SIMPSON
Instructions
You act for Connor Simpson. On 7 September 2010 he pleaded guilty to a
single charge of burglary contrary to section 9 of the Theft Act 1968. The case
was then adjourned until today, to enable a Pre-Sentence Report to be
prepared. This has been obtained and is attached. A copy of Connor
Simpson’s list of previous convictions is also attached.
Prosecution Facts
The prosecution facts are that Mr Simpson, a 23 year old unemployed single
man, broke into a house in central Oxford when its owners were at work and
stole a television and DVD video player. Mr Simpson got in through an open
window, and no property damage was caused. The television and DVD video
player were sold for drugs on the same day.
Instructions
You take instructions from Connor Simpson about the plea in mitigation. He
adds nothing of significance to what is set out in the Pre-Sentence Report.
19
NATIONAL PROBATION SERVICE
for England and Wales
nps
Thames Valley Area
CONFIDENTIAL
PRE-SENTENCE REPORT
to the
OXFORD MAGISTRATES COURT on 28 September 2010
concerning
Defendant's full name:
SIMPSON, Connor
Address:
77 Cowley Road
OXFORD OX4
Age:
23
Date of Birth:
15.05.1987
Supervising Court: Oxford
Offence(s): Burglary
Offence Date(s):
14.07.2010
Sources of Information
This report is based on two interviews with Mr Simpson
Probation Officer: Richard Harris
Office: Speedwell House, 199 Speedwell Street, Oxford OX1 2AS
Telephone: 01865 267923
This is a pre-sentence report as defined in Section 158 of the Criminal Justice Act 2003 and has been prepared in accordance with
the requirements of the National Standard for Pre-Sentence Reports
20
Introduction
Connor Simpson has pleaded guilty to one charge of burglary contrary to
section 9 of the Theft Act 1968. He has co-operated fully during the
preparation of this report.
Offence Analysis
Connor Simpson, a 23 year old unemployed single man, broke into an empty
house in central Oxford when its owners were at work and stole a television
and video player. The television and DVD video player were sold on the same
day. Mr Simpson got in through an open window, and no property damage
was caused. Mr Simpson says that the burglary was not planned, but was an
opportunistic offence, involving only the two items that were subsequently
sold in order to get drugs.
Relevant Background Information
Connor Simpson is 23 years old. He has been a registered heroin addict for
over three years, and did not have any difficulty with the law prior to his
involvement with drugs. He says that he committed the burglary in order to
get drugs. Since the offence he has been attending a drug clinic.
Response to Previous and Current Disposals
Connor Simpson has four previous convictions for theft, and one for common
assault. The theft offences were all opportunistic, and were related to his drug
addiction. There is a clear danger that he will re-offend unless he breaks his
heroin habit.
Conclusion, Assessment and Proposal
I am of the view that the most suitable disposal of this case would be a
community order with a drug rehabilitation requirement. Mr Simpson has
expressed his willingness to comply with the drug rehabilitation requirement.
Richard Harris
Probation Officer
September 2010
21
Form MG 16
Previous Convictions
Convictions recorded against: CONNOR SIMPSON
Charged in the name of:
CRO No: 7582/89A
* Denotes spent conviction
Offence(s)
Date
Court
06.02.2007
Oxford
Magistrates
1.
Theft - Shoplifting
1. Conditional
Discharge
28.09.2007
Oxford
Magistrates
1.
Theft - Shoplifting
1. Fine £100
Costs £40
04.03.2008
Oxford
Magistrates
1.
Theft - Shoplifting
1. Community
Order with
Unpaid Work
Requirement
100 Hours
17.10.2009
Oxford
Magistrates
1.
Theft - Shoplifting
1. Community
Order with
Supervision
Requirement
6 months
22.01.2010
Oxford
Magistrates
1.
Common Assault
1. Fine £75
Costs £50
List complete:

(with details of any offence taken into
consideration)
Sentence
Date of
release
Continuation sheet attached: Yes No  relevant box
22
Advocacy
Plea in Mitigation:
Ian Turner
23
24
PLEA IN MITIGATION: IAN TURNER
Instructions
You act for Ian Turner. On 14 September 2010 he pleaded guilty to robbery
contrary to section 8 of the Theft Act 1968.
The case was then adjourned until today, to enable a Pre-Sentence Report to
be prepared. This has been obtained and is attached. A copy of Ian Turner’s
list of previous convictions is also attached.
Prosecution Facts
The prosecution facts are that early in the afternoon of 20 June 2010, Ian
Turner accosted Philippe Marret, a French language student who was making
a call on his mobile telephone as he walked through Radcliffe Square in
central Oxford. Ian Turner threatened to beat up Philippe Marret unless he
handed over his mobile telephone. Ian Turner then grabbed the telephone
and pushed Philippe Marret with considerable force against the wall of All
Souls’ College. Philippe Marret fell hard against the stone wall, suffering a
black eye, bruising and grazing to his face.
As Ian Turner made his escape, Philippe Marret shouted out for help to
passers-by, and Ian Turner was stopped by a group of visiting Australian
rugby players, who were on a guided tour of Oxford University. They called
the police, who arrested Ian Turner for robbery. In police interview, he
admitted his guilt to robbery.
Instructions
When you arrive at court, you take instructions from Ian Turner about the plea
in mitigation. It is clear that he is very anxious about his girlfriend and wants to
be able to care for her over the coming months. He is also very concerned
that his daughter might be taken into care if he is sent to prison, as there is
nobody else who will be able to look after her while his girlfriend is in hospital.
25
NATIONAL PROBATION SERVICE
for England and Wales
Thames Valley Area
nps
CONFIDENTIAL
PRE-SENTENCE REPORT
to the
OXFORD CROWN COURT on 5 October 2010
concerning
Defendant's full name:
TURNER, Ian
Address:
77 Old Street
OXFORD OX4
Offence(s): Robbery
Age:
26
Date of Birth:
11.02.1984
Supervising Court:
Oxford
Offence Date(s):
20.06.2010
Sources of information
This report is based on two interviews with Mr Turner.
Probation Officer: Stephan Roberts
Office:
Speedwell House, Speedwell Street, Oxford OX1 2AS
Telephone:
01865 267923
This is a pre-sentence report as defined in Section 158 of the Criminal Justice Act 2003 and has been prepared in accordance with
the requirements of the National Standard for Pre-Sentence Reports
26
Introduction
Ian Turner has pleaded guilty to robbery contrary to section 8 of the Theft Act
1968. He has co-operated fully during the preparation of this report.
Offence Analysis
The offence involved threatening to beat up a language student who was
making a call on his mobile telephone as he walked through central Oxford.
Mr Turner took the student’s mobile telephone and pushed him against a
college wall, as a result of which the student suffered a black eye, bruising
and grazing to his face. Mr Turner says that the robbery was not planned, but
was opportunistic.
Relevant Background Information
Ian Turner is 26 years old. He has been a registered heroin addict for the last
four years. He says that on the day in question he took the mobile telephone
in order to get drugs. Since the offence in November he has been attending a
drug clinic. He is currently on methadone, but is determined to break his
heroin habit. This determination has been made all the stronger by the fact
that his long-term girlfriend, with whom he lives in Oxford, was recently
diagnosed with progressive liver failure. She is currently in the John Radcliffe
hospital, and will continue to have to spend long periods in hospital over the
next six months, until she can have a liver transplant. In her absence, Mr
Turner has taken on the responsibility of caring for their three year old
daughter, to whom he is a devoted father.
Response to Previous and Current Disposals
Ian Turner has four previous convictions for theft, and one for common
assault. The theft offences were all opportunistic, and were related to his drug
addiction.
Conclusion, Assessment and Proposal
I am of the clear view that the most suitable disposal of this case would be a
community order with a drug rehabilitation requirement. Mr Turner has
expressed his willingness to comply with the drug rehabilitation requirement.
Stephan Roberts
Probation Officer
October 2010
27
Form MG 16
Previous Convictions
Convictions recorded against: IAN TURNER CRO No: 75816/87A
Charged in the name of:
* Denotes spent conviction
Offence(s)
Date
Court
24.11.2006
Oxford
Magistrates
1.
Common Assault
1. Conditional
Discharge
02.03.2007
Oxford
Magistrates
1.
Theft - Shoplifting
1. Fine £100
Costs £40
24.10.2008
Oxford
Magistrates
1.
Theft - Shoplifting
1. Fine £150
Costs £50
06.03.2009
Oxford
Magistrates
1.
Theft - Shoplifting
1. Community
Order with
Unpaid Work
Requirement
100 Hours
12.02.2010
Oxford
Magistrates
1.
Theft - Shoplifting
1. Community
Order with
Supervision
Requirement
6 months
List complete:

(with details of any offence taken into
consideration)
Sentence
Date of
release
Continuation sheet attached: Yes No  relevant box
28
Advocacy
Plea in Mitigation:
Mike Ramsey
29
30
PLEA IN MITIGATION: MIKE RAMSEY
Instructions
You act for Mike Ramsey. On 21 September 2010 he pleaded guilty to
unlawful wounding contrary to section 20 of the Offences against the Person
Act 1861 and the case was committed to the Oxford Crown Court for
sentence. A pre-sentence report was ordered by the court and is attached. A
copy of Mike Ramsey’s list of previous convictions is also attached.
Prosecution Facts
The prosecution facts are that on the evening of Saturday 11 September
2010 Mike Ramsey was part of a group of people waiting to be admitted to
the Dark End Club in Oxford. The bouncers at the club refused to admit Mike
Ramsey and his friends, on the grounds that they were drunk and were
behaving abusively towards a group of university rugby players dressed in
black tie who were also waiting outside the Dark End Club. The bouncers
asked Mike Ramsey and his friends to leave, and when they refused to leave,
they called the police.
Mike Ramsey and his friends eventually started to walk away before the
police arrived. However, one of the rugby players ran after them and
attempted to punch Mike Ramsey. Mike Ramsey then picked up an empty
champagne bottle which was lying in the street and hit the rugby player over
the head, resulting in a deep cut which required nine stitches.
The police arrived at the scene shortly afterwards. They arrested Mike
Ramsey and took him to the police station. In police interview the following
morning, Mike Ramsey admitted his guilt, and was charged with unlawful
wounding. At his first appearance at the Magistrates’ Court he pleaded guilty
to unlawful wounding contrary to section 20 Offences Against the Person Act
1861. The magistrates committed his case to the Oxford Crown Court for
sentence and ordered a pre-sentence report to be prepared for the Crown
Court. The date of the sentencing hearing in the Crown Court has been set
for 12 October 2010.
Instructions
When you arrive at court on 12 October 2010, you take instructions from Mike
Ramsey about the plea in mitigation. He gives you the information set out in
the attached attendance note.
31
NATIONAL PROBATION SERVICE
for England and Wales
Thames Valley Area
nps
CONFIDENTIAL
PRE-SENTENCE REPORT
to the
OXFORD CROWN COURT on 12 October 2010
concerning
Defendant's full name:
RAMSEY, Mike
Address:
42 Sheep Street
OXFORD OX4 2EH
Offence(s): Unlawful Wounding
(Section 20 OAPA)
Age:
25
Date of Birth:
15.02.1985
Supervising Court:
Oxford
Offence Date(s):
11.09.2010
Sources of information
This report is based on two interviews with Mike Ramsey. I have also received
a list of Mike Ramsey’s previous convictions.
Probation Officer: Robert Reynolds
Office:
Speedwell House, 199 Speedwell Street OX1 2AS
Telephone:
01865 267923
This is a pre-sentence report as defined in Section 158 of the Criminal Justice Act 2003 and has been prepared in accordance with
the requirements of the National Standard for Pre-Sentence Reports
32
Introduction
Mike Ramsey has pleaded guilty to unlawful wounding contrary to section 20
of the Offences against the Person Act 1861. He has co-operated fully during
the preparation of this pre-sentence report.
Offence analysis
The offence arose out of an incident outside the Dark End Club in Oxford.
The bouncers at the club refused to admit Mike Ramsey and his friends, on
the grounds that they were drunk and were behaving abusively towards a
group of university rugby players who were also waiting outside the Dark End
Club. The bouncers asked Mike Ramsey and his friends to leave, and when
they eventually started to walk away one of the rugby players ran after them
and attempted to punch Mike Ramsey. Mike Ramsey then picked up an
empty champagne bottle which was lying in the street and hit the rugby player
over the head, resulting in a deep cut which required several stitches. Mike
Ramsey fully acknowledges that hitting the rugby player over the head with a
bottle was an excessive and disproportionate response in the circumstances.
Relevant background information
Mike Ramsey is 25 years old. He is employed as an electrician and lives in
Oxford with his girlfriend and their three year old daughter. His girlfriend is
expecting their second child in January. She has had a very difficult
pregnancy and has had to spend periods in hospital during the pregnancy.
Response to Previous and Current Disposals
Mike Ramsey has one previous convictions for common assault, and two for
affray. All his previous convictions arose out of his involvement in fights after
he had spent the evening drinking in pubs and night clubs in central Oxford.
Conclusion, Assessment and Proposal
I understand that at his last court appearance, it was stated that custody was
a real possibility but that all options were open. In the circumstances, I am of
the opinion that the most suitable disposal of this case would be a suspended
sentence of imprisonment with unpaid work, supervision and programme
requirements. I have assessed Mike Ramsey as suitable for an unpaid work
requirement and appropriate work is available. The purpose of the
supervision requirement will be for Mike Ramsey to undertake work to
promote personal and behavioural change. The programme requirement will
involve Mike Ramsey attending Aggression Replacement Training (ART).
This programme is for people convicted of violent offences or those who
have problems controlling their temper. ART teaches skills to help the
offender think situations through in a way which does not lead to violence and
crime. Mike Ramsey has expressed a genuine willingness to address his
aggressive behaviour, and has confirmed his willingness to comply with the
recommended unpaid work, supervision and programme requirements.
33
Form MG 16
Previous Convictions
Convictions recorded against: MIKE RAMSEY
CRO No: 75816/99A
Charged in the name of:
* Denotes spent conviction
Offence(s)
(with details of any offence taken
into consideration)
Date
Court
24.11.2006
Oxford
Magistrates
1. Common Assault
1. Conditional
Discharge
02.03.2007
Oxford
Magistrates
1. Affray
1. Fine £100
09.10.2009
Oxford
Magistrates
1. Affray
1. Community
Order with
Unpaid Work
Requirement
150 hours
List complete:

Sentence
Date of
release
Continuation sheet attached: Yes No  relevant box
34
ATTENDANCE NOTE
Client:
Matter:
File No:
Date:
Person Engaged:
Mike Ramsey
Unlawful Wounding (Section 20 OAPA 1861)
140800
12 October 2010
MH
Mike Ramsey confirmed the matters set out in the pre-sentence report. He
recognises that he can become very aggressive when drunk, and that this is
the underlying cause of his offending. He also appreciates that he may well
be sent to prison on this occasion, but hopes that the court can be persuaded
to impose a suspended sentence of imprisonment with the requirements
recommended in the pre-sentence report.
Mike Ramsey’s girlfriend, who is six months pregnant with their second child,
is currently in hospital following recent concerns that she might have lost their
baby. Yesterday the doctors confirmed that she has not lost their baby, but
they have also said that she may have to spend further time in hospital in the
next few weeks leading up to the birth. Mike Ramsey is very anxious about
his girlfriend and wants to be able to care for her and for their three year old
daughter over the coming months.
Time engaged: 25 minutes
35
36
Advocacy Mock
Assessment
Plea in Mitigation:
Andrew Young
37
38
PLEA IN MITIGATION: ANDREW YOUNG
Instructions
You act for Andrew Young. On 28 September 2010 he pleaded guilty to two
counts of assault occasioning actual bodily harm contrary to section 47 of the
Offences Against the Person Act 1861. The case was adjourned until today,
to enable a Pre-Sentence Report to be prepared. This has been obtained and
is attached. A copy of his list of previous convictions is also attached.
Prosecution Facts
The prosecution facts are that on the afternoon of Friday 30 July 2010
Andrew Young came home early from work to find his wife, Cheryl, on the
telephone to another man. It was apparent from what he heard of their
conversation that she was having an affair with the man with whom she was
speaking. In a rage Andrew Young grabbed the telephone from Cheryl and
pushed her with considerable force against the wall of the kitchen. Cheryl fell
hard against the wall, suffering serious bruising as well as grazing to her face.
Andrew Young then left the house, but returned the following day in order to
collect his belongings. Cheryl was there with one of her friends, and there
followed an increasingly furious argument which ended with Andrew Young
losing his temper and assaulting Cheryl in a jealous rage. It appears that he
hit her and grabbed her around the neck, causing her to suffer a black eye,
serious bruising and reddening to her neck. While the argument was going on
Cheryl’s friend called the police, who arrested Andrew Young for assault
occasioning actual bodily harm. In police interview, he admitted his guilt to
assault occasioning actual bodily harm.
Instructions
When you arrive at court on the morning of 19 October 2010, you take
instructions from Andrew Young about the plea in mitigation. He gives you the
information set out in the attached attendance note.
39
NATIONAL PROBATION SERVICE
for England and Wales
nps
Thames Valley Area
CONFIDENTIAL
PRE-SENTENCE REPORT
to the
OXFORD CROWN COURT on 19 October 2010
concerning
Defendant's full name:
YOUNG, Andrew
Address:
Age:
28
Date of Birth:
11.02.1982
21 Little Clarendon Street Supervising Court: Oxford
OXFORD OX2
Offence(s):
Assault Occasioning Actual Bodily Harm
Offence Date(s):
30 and 31 July 2010
Sources of Information
This report is based on two interviews with Mr Young
Probation Officer: Stephen Ramsey
Office:
Speedwell House, 199 Speedwell Street OX1 2AS
Telephone:
01865 267923
This is a pre-sentence report as defined in Section 158 of the Criminal Justice Act 2003 and has been prepared in accordance with
the requirements of the National Standard for Pre-Sentence Reports
40
Introduction
Andrew Young has pleaded guilty to two counts of assault occasioning actual
bodily harm. He has co-operated fully during the preparation of this report.
Offence analysis
The two offences involved assaults upon Mr Young’s wife, Cheryl, at their
home in Oxford. Mr Young had come home early from work to find his wife,
Cheryl, on the telephone to another man, with whom it was apparent she was
having an affair. Mr Young grabbed the telephone from his wife and pushed
her against the kitchen wall, as a result of which she suffered serious bruising
and grazing to her face. Having left the house, Mr Young returned the
following day in order to collect his belongings. Cheryl was there with a friend,
and the ensuing argument ended with Mr Young using violence on his wife,
causing her to suffer a black eye, serious bruising and reddening to her neck.
Mr Young says that both assaults arose out of the heat of the moment.
Relevant background information
Mr Young is 28 years old. He has worked as an engineer at the Williams F1
factory near Oxford on a series of short term contracts for the last five years,
and was recently given a permanent contract. He has moved out of the family
home, and is living in Botley with his brother, Douglas, who also works at the
Williams factory.
Response to Previous and Current Disposals
Andrew Young has one previous conviction for common assault as well as a
previous conviction for assault occasioning actual bodily harm, for which he
received a community order with an unpaid work requirement. He also has a
previous conviction for breach of that community order, for which he was
ordered to do an additional 10 hours’ unpaid work. There are no issues of
dangerousness in his case which might give rise to the possibility of a longer
sentence for public protection under the Criminal Justice Act 2003.
Conclusion, Assessment and Proposal
I am of the view that the most suitable disposal of this case would be a
community order with unpaid work, supervision and Community Domestic
Violence Programme (CDVP) requirements. The supervision and programme
requirements would focus on addressing the underlying motivation for his
offending and exploring issues of personal responsibility in order to equip Mr
Young with the skills to ensure that he does not come before the court again.
Mr Young has expressed his willingness to comply with these requirements.
Stephen Ramsey
Probation Officer
October 2010
41
Form MG 16
Previous Convictions
Convictions recorded against: ANDREW YOUNG
CRO No: 75816/87A
Charged in the name of:
* Denotes spent conviction
Offence(s)
Date
Court
11.04.2008
Oxford
Magistrates
1.
Common Assault
1. Conditional
Discharge
15.05.2009
Oxford
Magistrates
1.
Assault - ABH
1. Community Order
with unpaid work
requirement: 100
hours
23.09.2009
Oxford
Magistrates
1.
Breach of Community
Order
1. Ordered to work
10 extra hours
List complete:

(with details of any offence taken into
consideration)
Sentence
Date of
release
Continuation sheet attached: Yes No  relevant box
42
ATTENDANCE NOTE
Client:
Matter:
File No:
Date:
Person Engaged:
Andrew Young
Assault Occasioning Actual Bodily Harm
060606
19 October 2010
MH
Andrew Young confirmed the matters set out in the pre-sentence report. He is
still living with his brother, who also works at the Williams F1 factory, and he
confirmed that he has no intention of making any further contact with his wife,
against whom he will be starting divorce proceedings in the near future.
There are no children from the marriage with Cheryl, but Andrew Young does
have a five year old daughter from a previous relationship, who stays with him
every weekend. Andrew Young is very anxious about the potential impact on
his relationship with his daughter if he is sent to prison.
Andrew Young is also worried that he might lose his job at the Williams F1
factory if he is imprisoned. Andrew Young left school without any
qualifications, and has worked very hard over several years to establish
himself at the Williams F1 factory. He explained that permanent contracts of
the sort that he has recently obtained are extremely hard to come by, and he
is very concerned that he might never again have a similar opportunity to
establish a career for himself as an engineer.
Time engaged: 20 minutes
43
44
Communication
Skills
For Lawyers
Advocacy Assessment
Criteria
45
46
U22135 COMMUNICATION SKILLS FOR LAWYERS
ADVOCACY ASSESSMENT CRITERIA
ADVOCACY ASSESSMENT CRITERIA
Structure (10)




Introduces self and indicates party that represents.
Summarises sentencing decision sought.
States essence of case.
Presents submissions relating facts of case to
relevant sentencing principles.
 Orders issues in logical sequence.
 Briefly summarises submissions.
 States sentencing decision sought.
Content (15)





Selects relevant facts and sentencing principles.
Applies facts to relevant sentencing principles to
persuade the court.
In making submissions relies only on points with
merit and where appropriate concedes points.
Responds appropriately to questions from court.
Deals properly with professional conduct issues.
Presentation (15)







Uses appropriate language.
Speaks clearly and effectively.
Does not read submissions
Uses notes properly.
Displays appropriate courtroom manner
Makes appropriate use of relevant documentation
Refers correctly to sentencing guidelines and
authorities where appropriate.
47
COMMENTS
48
Communication
Skills
For Lawyers
Client
Interviewing
49
50
CLIENT INTERVIEWING WORKSHOP SCENARIOS
SCENARIO A
Instructions for Solicitor
You are to meet a new client, Jules Pearce, who was seriously injured in a car
accident. Jules Pearce was being driven home by a friend, and wants to know
if s/he will be able to claim compensation.
SCENARIO B
Instructions for Solicitor
You are to meet a new client, Alex Green, whose child was seriously injured
while playing on a neighbouring farmer’s land. Alex Green wants to know if it
will be possible to claim compensation for the child’s injuries.
SCENARIO C
Instructions for Solicitor
You are to meet a new client, Matt Walters, who was attacked and seriously
injured by one of the employees at a night club in Oxford. Matt wants to know
if he will be entitled to claim compensation for his injuries.
SCENARIO D
Instructions for Solicitor
You are to meet a new client, Mark Ramsey, who was injured in an accident
at work while he was not wearing his safety goggles. Mark wants to know if he
will be entitled to claim compensation for his serious eye injuries.
MOCK ASSESSMENT SCENARIO
Instructions for Solicitor
You are to meet a new client, Richard Wild, a union representative who works
for Brookes Road Construction plc, a major civil engineering company.
Richard Wild says that it concerns issues related to accidents at work
involving his fellow employees. He wants to know if they will be entitled to
claim compensation for their injuries
51
52
Communication
Skills
For Lawyers
Interviewing
Assessment
Criteria
53
54
INTERVIEWING ASSESSMENT CRITERIA
Listening (10)




Greets, seats, introduces
Ensures client understands objectives of interview
Listens to what client says
Reassures and empathises in non-judgmental way
Questioning and Summarising (10)





Uses a logical structure to elicit further necessary
information before advising
Uses questions to clarify gaps and ambiguities in
the client’s account and identify client goals
Takes notes, where appropriate
Demonstrates a clear understanding of client’s story
Summarises accurately client's account of facts
Advising (10)





Avoids giving premature legal advice
Accurately explains substantive law and procedure
relevant to client's concerns and goals
Accurately explains options available to client and
assists in assessing advantages and disadvantages
Confirms an appropriate course of action, specifying
steps to be taken and time scale
Terminates meeting appropriately
General Skills (10)







Takes and maintains appropriate control of interview
Structures and paces interview well and executes
smooth transition between stages of interview
Demonstrates a courteous and professional
attitude, with good client rapport
Uses language which is clear and concise and
avoids unnecessary legal jargon
Displays appropriate non-verbal communication
skills: eye contact, body language
Deals appropriately with client care
Identifies and deals with any issues of professional
conduct, ethics and client confidentiality
55
COMMENTS
56