Bar Mock Trial Competition 2018/19. Student Role Guide Juror

Transcription

1 Bar Mock Trial Competition 2018/19 Student Role Guide Juror

2 Introduction The jury is made up of five students from a different school who do not watch their own school perform, except where this is unavoidable. Your role is to decide the verdict of the case based on the evidence you have heard in court on the day. Although your role is not scored, it is a vital part of the competition and should be taken seriously. You will sit in the jury box with the other jurors and hear the evidence and the arguments of both the prosecution and defence. You will then be led to a retiring room to decide upon a verdict, before returning to give that verdict to the court. Main duties During the trial Stand up and repeat the affirmation when asked by the Listen to the evidence presented, taking notes to help you remember key details Once the judge has summed up, go to the Jury Retiring Room with the Select a foreperson, who will give the verdict to the court when asked Decide upon a verdict of guilty or not guilty. Preferably this should be unanimous but a majority will suffice. You may be asked by the judge as to how you came to the verdict you did. Although this happens in some legal systems, in the UK the jury s reasoning for making a decision is not disclosed to the court. However, in the Bar Mock Trial Competition, explaining your reasoning to the court is encouraged. 2 Young Citizens 2018

3 Order of Procedure Role Task Timings Complete Team Identification Slip (which will be on the Clerk s Desk) and put it visibly on the judges desk. Go and collect the judge from their chambers. Lead the judge into the courtroom. Say Court rise. All Stand for the judge. Sit when they sit. Ask the defendant to stand. Identify them by asking What is you name? Defendant Say your name. You are charged with (insert name of offence from indictment) in that you (insert particulars of offence). Do you understand? Defendant Yes. Do you plead guilty or not guilty? Prosecution Barrister 1 May it please you, Your Honour, I appear for the prosecution with my learned friend Mr/Miss (insert name of other prosecution barrister). My name is (insert your name). My learned friends Mr/Miss and Mr/Miss represent the defendant (insert names of defence barristers). Prosecution Barrister 1 Make Opening Speech. 3 Prosecution Barrister 1 If it pleases you, Your Honour, I would like to call the first witness for the prosecution, (insert name of first prosecution witness). Prosecution Barrister 1 If it pleases you, Your Honour, I would like to call the first witness for the prosecution, (insert name of first prosecution witness). Lead the witness to the stand and ask them to repeat the Affirmation. Prosecution Barrister 1 Examination in chief of the first prosecution witness. No further 5.5 questions, Your Honour, but I m sure my learned friend will have questions for the witness. Defence Barrister 1 Cross Examination of the first prosecution witness. 3.5 Lead the witness back to their seat. Prosecution Barrister 2 If it pleases you, Your Honour, I would like to call the second witness for the prosecution, (insert name of second prosecution witness). 3 Young Citizens 2018

4 Prosecution Barrister 2 Examination in chief of the second prosecution witness. No further questions, Your Honour, but I m sure my learned friend will have questions for the witness. Defence Barrister 2 Cross Examination of the second prosecution witness. 3.5 Lead the witness back to their seat. Prosecution Barrister 2 Ask the to stand and read the Section 9 Statement. Read the Section 9 Statement. Prosecution Barrister 2 That is the case for the prosecution. Defence Barrister 1 Make the Opening Speech. 3 Defence Barrister 1 If it pleases you, Your Honour, I would like to call the defendant, (insert name of defendant). Lead the defendant to the stand and ask them to repeat the Affirmation. Defence Barrister 1 Examination in chief of the defendant. No further questions, Your 5.5 Honour, but I m sure my learned friend will have questions for the witness. Prosecution Barrister 1 Cross Examination of the defendant. 3.5 Lead the defendant back to the dock. Defence Barrister 2 If it pleases you, Your Honour, I would like to call the second witness for the defence, (insert name of defendant). Lead the second defence witness to the stand and ask them to repeat the Affirmation. Defence Barrister 2 Examination in Chief of second defence witness. 5.5 Prosecution Barrister 2 Cross Examination of second witness. 3.5 Lead the witness back to their seat. Defence Barrister 2 That is the case for the defence. Prosecution Barrister 2 Make closing speech. 5 Defence Barrister 2 Make closing speech. 5 Judge Summing Up. I shall keep this jury in a private and convenient place. I shall suffer no one to speak to them nor shall I speak to them myself except with leave of the court, save to ask them whether they have agreed upon their verdict Lead the jury to their retiring room. Give them five minutes to make a decision. After the jury and court clerk have left, say: Court Rise and lad the judge out of the courtroom to their chambers Young Citizens 2018

5 Go and collect the judge from their chambers. Lead the judge into the courtroom. Say Court rise. Ask the defendant to stand. Ask the foreman of the jury to stand and announce their verdict. Jury Foreman We find the defendant guilty/not guilty. Judge Provide feedback on the performance of the students. Collect the score sheet in a sealed envelope from the judge and hand it in to the Young Citizens representative at the reception. Court Layout Where should I go? The jury should sit together in the jury box. When asked by the clerk, they should go to the jury retiring room to decide their verdict. This may be next to the courtroom or a short walk away depending on the layout of the court. 5 Young Citizens 2018

6 In real life... When sent a jury summons form, you must do jury service. If you refuse to do jury service without a valid excuse, you can be fined by the government. Juries are picked at random from the electoral register. This helps to ensure that they are impartial and can provide a fair judgement for the defendant. Despite being the thing that people often think of when asked to consider a criminal trial, jury trials represent just 1% of criminal trials in the UK. They are only held when the defendant has pleaded not guilty to the most serious crimes. Still unsure? If you have questions, you can ask your teacher to them over to us at BMT@youngcitizens.org and we will do our best to help. 6 Young Citizens 2018

7 CEO: Chair: Director of Programmes and Learning: Programmes Manager: Programmes Coordinators: Programmes Administrator: or Tom Franklin Martin Bostock Yvonne Richards Ruth Le Breton Rory Tredwell & Constance Littlehailes Katya Stokes 8894 Wentworth Street, London, E1 7SA T Charity Reg. No