top of page
Search
Writer's pictureAngelina Nurse

The Bar Exams: Criminal Litigation and Civil Litigation

The barristers training course includes, amongst other things, two main Bar Standards Board (‘BSB’) exams: Criminal Litigation, Evidence and Sentencing and Civil Litigation.

Other examinations include professional ethics, drafting, opinion writing, submission advocacy, conference skills, cross examination, and examination in chief. I do not think it is controversial for me to say that the two main BSB exams are without the doubt the hardest of all of the examinations. In fact, they are probably the toughest examinations I have ever taken.


There is one paper for the Criminal Litigation exam which you have three hours to complete. There are two Civil Litigation exams one of which is an open book exam. They are between two and two and a half hours long (to memory you have slightly longer for the open book exam).


These exams are multiple choice and single best answer questions. Do not be fooled. These are no ordinary multiple-choice questions. They are extremely tricky and to master them, I am afraid you must know the syllabus inside out. Sometimes, all four choices can be extremely similar, and the correct answer differs by just one word. You must know the syllabus well to pick up on things like this. Single best answer questions mean that there can be more than one “correct” answer, you have to pick the best one. This is tricky. The only way to master these is to practice as it is a style of questioning you are unlikely to be familiar with.


Now. I never like to pose a problem without a solution. It is my biggest pet peeve when other aspiring barristers scream about the challenges at the bar. It can make success feel unattainable. So, here is how I think you can best prepare for those examinations.


Start by doing the required readings. There are no shortcuts. Trust me, I tried to find one but ended up procrastinating so bad and losing valuable time. You just have to jump in and get it done. To be the most effective, I recommend printing off the syllabus for each exam and crossing off the readings you have completed. As well as keeping you organised you will find that the syllabus sets out very clearly what you will be examined on which should help you to pull out the important points when completing the large amount of reading necessary for these exams.


Secondly, convert all of the main topics from the syllabus into a table or spreadsheet. Make sure to mark off when you have done the reading and when you have done your revision on that topic. Keep a note of the areas you are least comfortable with so you can target your weaker areas closer to the exams. Lastly, use a green, amber, red light system. Using these signals allows you to demonstrate to yourself, visibly, how comfortable you are with a topic.


Once you have done the relevant readings, it is about condensing the topics down to their most important points and just going over them again and again. Repetition is key for revision. I found it easiest to type out a word document with the most important points with each topic as a separate heading but use whatever works best for you.


Finally, do as many examination questions as you can. I cannot stress how important this is. As mentioned, it will help you get familiar with the style of questioning which is important for these exams. In addition, it is a great revision toll as you will become more familiar with the content the more questions you complete. Chances are, and I speak from experience, the mock exams and practice questions from your provider are going to be extremely similar to the exams. Some questions I even recognised as duplicates from a mock exam I completed prior to the exam! Another advantage of doing practice questions is one again recognising your weaker areas so you can work on these before your exams. Also, learning from your mistakes is a fantastic tool for learning and revision.


If you have read this far then you are in luck. Just because I am that kind, I have written out the syllabus for you below. Put it in a table and follow my advice. I promise it will help:


Criminal Litigation


1.Overview of criminal procedure

2.Preliminaries to prosecution

3.Bail and remands

4.Procedure in the mags, allocation for trial, and sending to the CC for trial or sentence

5.Disclosure of unused and defence statements

6.Indictments

7.Preliminaries to trial in the CC

8.Summary trial procedure

9. Jury trial procedure

10.Preliminary evidential matters

11. Burden and standard of proof

12.Preliminary issues relating to witnesses

13.The rules relation to the examination of witnesses

14.Hearsay

15.Character evidence

16.Confessions and unlawfully obtained evidence

17.Inferences

18.Visual ID

19.Opinion evidence and experts

20.Privilege

21.Youth courts

22.Sentencing

23.Non-custodial sentences

24.Custodial sentences

25.Ancillary orders and costs

26.Dangerous offender provisions

27.Appeals from the mags

28.Appeals from the CC


Civil Litigation


1.General Matters

2.Limitation

3.Pre-action Conduct

4.Commencing Proceedings

5.Parties

6.Statements of Case

7.Multiple Causes of Action, Counterclaims and Other Additional Claims

8.Amendment

9.Further Information

10.Default Judgment and Summary Judgment

11.Case Management, Sanctions and Striking Out

12.Disclosure and Inspection of Documents

13.Interim Applications

14.Interim Payments and Security of Costs

15.Interim Injunctions

16.Offers to Settle

17.Evidence of Fact

18.Expert Evidence

19.Civil Trial and Evidence

20.Judgments, Orders and Enforcement

21.Costs

22.Appeals


This syllabus is your wholly grail. Get familiar with it early on and use it as a launch pad for your revision!! Trust me. Head over to Instagram to see how I used it.


Until next time,


The Woman on a Mission

3,186 views0 comments

Recent Posts

See All

Comments


bottom of page