Magistrates Court Mock Trial Competition 2018/19

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1 Magistrates Court Mock Trial Competition 2018/19 England, Wales and Northern Ireland Supported by Working with Organised in partnership with HM Courts & Tribunals Service

find it ask the Court Steward for help. 2. At the start of the trial, inform the magistrates of the names of lawyers acting for the prosecution and defence using ID slip.

2 Introduction Legal Advisers have legal training and help magistrates understand the law. Tasks 1. Before the trial begins, ask the lawyers from both the prosecution and defence for their names, which you should write on the ID slip that will be on your desk when you enter the court, if you cannot find it ask the Court Steward for help. 2. At the start of the trial, inform the magistrates of the names of lawyers acting for the prosecution and defence using ID slip. Then pass the ID slips to the lead magistrate. Refer to the lawyers as Mr or Ms or whichever pronoun they would prefer. 3. Identify the defendant, read the charge to him/her, and ask how s/he would like to plead. 4. Read the Section 9 statement to the court (see the case). Section 9 Statement This statement contains the undisputed facts, therefore the witness does not need to attend the court for questioning.the prosecution lawyers will ask you to read out the section 9 statement after they have called the two prosecution witnesses. You can only read the statement if the prosecution lawyer has asked you to do so. Summary of the Law After the closing speech by the defence, but before the magistrates retire to deliberate their verdict, using your own words: Inform the magistrates about the law that is relevant to the case (see case). Remind magistrates of the main points of the opening and closing speeches. Take note during the trial and write your own summary based on the information provided in the case. Do not summarise the evidence given by witnesses, and do not simply read out the case notes without changing them. Remind the bench about the burden of proof (see case outline), and that it rests on the prosecution. In a real trial the legal adviser would not usually stand at this point but would be available to answer queries from the magistrates while they are out deliberating. However, due to time constraints and to enable more people to learn about the law, you will make a speech before the whole court. 2 Young Citizens 2018

3 How to Write a Summary of the Law You will get up to 10 marks. The assessment criteria are: Aim To make sure the magistrates have all the information they need to decide the case verdict. What to include The charge (See the Summary of Facts page in the case). An explanation of the issues of the case and the evidence that the magistrates should use to help them decide on these (See the Summary of Facts page in the case). An explanation of the burden of proof. Structuring the Summary of the Law Write your speech as notes so that you don t just read it out (don t forget you lose marks if you use a script). You could write it in full and then turn it into notes if this is easier. Make sure you get the gender of the witnesses right! Check this before the trial starts. Put the charge and burden of proof into your own words. For each issue of the case tell the magistrates which witnesses evidence they can use to decide on each one. Do not give your own opinion about the evidence. The Burden of Proof The defendant is innocent until proven guilty. The prosecution have the burden of proof. They have to prove the defendant is guilty. They have to prove this so that the magistrates are sure that the defendant is guilty. The defence, do not have to prove that the defendant is innocent. NB: helpful guidance about writing a summary of the law is also contained within the cases booklet Number of Marks Frequently does not follow procedure Often does not follow procedure Sometimes does not follow procedure Usually follows procedure Always follows procedure Speech lasts over three minutes Speech lasts over three minutes Speech lasts three minutes or less Speech lasts three minutes or less Speech lasts three minutes or less Inaccurate reading of Section 9 Inaccurate reading of Section 9 Some inaccuracies in reading of Section 9 Reading of Section 9 mainly accurate Reading of Section 9 accurate Reads the main issues of the case only from what is provided Mostly reads the main issues of the case from what is provided and uses little of their own words Has identified some of the main issues of the case using some of their own words Has identified most of the main issues of the case in their own words Has identified all of the main issues of the case in their own words 3 Young Citizens 2018

4 Summaries of the Law - An Example The defendant, Terry Sheppard, is charged with criminal damage under section 1 subsection 1 of the Criminal Damage Act He is accused of intending to damage or being reckless as to whether he would damage 2 large doors of Unit 58, Meadows Industrial Estate by spraying graffiti on them. There are a number of issues in this case that you must take into consideration when deciding your verdict in this case. Firstly you must decide whether you believe that the defendant was actually responsible for the graffiti. Do you believe that the defendant was the person seen by the member of the public? If so, did he actually draw the graffiti or was he just admiring it? Are the paint evidence and the actions of the defendant when when he was stopped enough to convince you that he did this? If you believe that Mr Sheppard did draw the graffiti, you must consider whether he meant to destroy or didn t think about whether he would destroy the doors of Unit 58. Consider his attitude to graffiti and that of the other witnesses you have heard from today. Does it destroy or improve property? Before you retire to consider your verdicts Your Worships, I must remind you that the defendant is innocent until proven guilty. The burden of proof lies with the defendant and they must prove beyond reasonable doubt that Terry Sheppard committed to this crime. This means that to find a verdict of guilty you must be completely sure that the defendant both drew the graffiti and either intended to or didn t think about whether he would damage the property in question. 4 Young Citizens 2018

5 ID Slips (Example) N.B. Before the trial starts you will need to ask the lawyers from the prosecution and defence for their names. There will be an ID slip for you to fill in on your desk. You will use this information to inform the bench who is representing each side in the case. Prosecution Identification Slip The prosecution lawyers should give their names to the legal adviser (who is a member of the same team) when asked, before the trial begins. School: Date: Prosecution Lawyer 1: Prosecution lawyer 2: Defence Identification Slip The defence lawyers should give their names to the legal adviser (who is a member of the prosecuting team) when asked, before the trial begins. School: Date: Prosecution Lawyer 1: Prosecution lawyer 2: 5 Young Citizens 2018

6 CEO: Chair: Director of Programmes and Learning: Programmes Manager: Programmes Coordinators: Programmes Administrator: Tom Franklin Martin Bostock Yvonne Richards Ruth Le Breton Constance Littlehailes & Maddalena Goldin Fatimah Saccoh or Wentworth Street, London, E1 7SA T F Charity Reg. No Working with HM Courts & Tribunals Service Supported by Organised in partnership with

Bar Mock Trial Competition 2018/19. Student Role Guide Court Clerk

Bar Mock Trial Competition 2018/19 Student Role Guide Student Role Guide: Introduction The s role is to help to administer the trial by performing a number of key functions. The forms part of the PROSECUTION