19th Annual National Mock Trials

Transcription

1 19th Annua Nationa Mock Trias Quaifying Heats: Saturday, 21st Apri 2018, Crimina Courts of Justice, Dubin Semi Finas and Nationa Fina: Saturday, 12th May 2018, Crimina Courts of Justice, Dubin Pubic Access to Law

2 CONTENTS Message From The Director, Pubic Access To Law Page 3 Preparing For The Competition Page 4 The Team Page 5 A Beginner s Guide To Advocacy Page 8 Genera Information On The Rues Of Evidence And Professiona Conduct Page 10 Tria Procedure Page 12 A Step By Step Guide To Procedure Page 12 Programme Page 16 Timing Card Page 17 Judges Scoring Sheet Page 18 Scoring System Page 19 Order Of Pay Page 21 The Cases Page 22 Lega Reporting Competition Rues/Teevision Reporting Competition Rues Page 23 The Peope (At The Suit Of The D.P.P.) V Pat Paice Page 25 The Peope (At The Suit Of The D.P.P.) V Fran Cara Page 29 2

3 MESSAGE FROM THE DIRECTOR OF PUBLIC ACCESS TO LAW The Nationa Mock Trias Competition gives students an opportunity to gain hands on experience of the workings of the aw. Athough the workings of our ega system are by no means simpe, the competition attempts to demystify it by pacing students in a near rea court hearing situation. By doing that, the mock trias aso provide the grounds for students to deveop abiities which wi assist them in activey participating in society. Schoos recognise the benefit to their students and a growing number of them wish to take part. The Nationa Mock Trias Competition is aso meant to be fun for the student, as it is not just an extension of the academic curricuum nor is it specificay targeted at those who are considering aw as a career. I woud ike to acknowedge the kind co-operation and support of the Irish Judiciary especiay Mr. Justice Max Barrett. I woud aso ike to thank the Courts Service and the practising barristers and soicitors who are part of Pubic Access to Law (P.A.L.) incuding Mary Bunyan BL, Ronan Mugan, BL, Jade Naidoo BL, Gerry Murphy BL, Roand Budd BL, Maeve Cox BL, Phiip Fenne BL, Bernadette Kirby BL, Henry T. Lynch BL, Tony O Suivan BL, Shane Kiey BL, Heen Lynch BL, Rebecca Tracey BL, Patrick Crowe BL, Adam Dodd BL, and Martin Byrne BL. A specia word of thanks to Joseph Murray B.L. and Tony O Suivan BL for compiing the case materias. If you require further information pease contact the competition organiser: Mr. Vincent P. Martin, Pubic Access to Law, Muacash North, Naas, Co. Kidare. The emai address is vpmartin@awibrary.ie and phone Thanking you, Vincent P. Martin, S.C. Director, Pubic Access to Law (P.A.L.) 3

4 PREPARING FOR THE COMPETITION Suggestions for the teachers background work It is not necessary for the students (or teachers) to have studied the aw as the mock tria cases revove around factua disputes and do not require detaied ega knowedge. However, it wi be hepfu for the students to be given a brief introduction to the crimina justice system and be acquainted with the aims and procedure governing a tria: This coud incude: A description of the steps by which a person accused of a crime is brought to court. The distinction between a crimina prosecution and a civi action. An introduction to the adversaria system. The eements of an offence which have to be proven. The presumption of innocence and the burden of proof resting with the prosecution. The steps in a crimina tria. Rues of procedure, evidence and professiona conduct. For the purposes of the Mock Tria Competition simpified rues are used. The information contained in this guide shoud be a that you need in order to take part in the competition. If you have any difficuty, pease get in touch with us. Suggested books which are avaiabe in most ibraries: The Crimina Court in Action by D. Barnard. Learning the Law by Ganvie Wiiams, (Chapter 5 is about advocates) The Law Machine by Berins and Dyer (Penguin, 1994). This provides a very readabe introduction to the ega processes and institutions. The New Penguin Guide to the Law by Smith and Keenan (Pitman, 1992). This provides a more detaied introduction. Other suggestions for preparing for the competition incude: 1. Invite and invove members of the ega fraternity in their oca community to assist competition preparations. 2. Ca on the tournament experience gained by senior students in your schoo (and past pupis) who have participated in the competition in previous years. 3. Avai of the knowedge accrued by teachers who have heped prepare teams in the past and/or who have attended/observed the competition. 4. Recoect and review the visiting P.A.L. modue which was presented in your schoo. This programme incuded the staging of a mock tria as a cassroom activity. 5. Read carefuy this easy to foow book of rues and court procedure (a step by step guide) which shoud greaty assist in team preparations. 4

5 THE TEAM Competitors sha be fu-time transition year students in a secondary schoo in the Repubic of Ireand at the time of the commencement of the competition. A team members from participating secondary schoos in Northern Ireand sha be under the age of sixteen years at the time of commencement of the competition in the Crimina Courts of Justice. Ideay each schoo shoud prepare a team of 17/18 students: 6 jurors (non-speaking roe) 1 member of court staff, 3/4 witnesses, 1 soicitor, 2 barristers, 1 newspaper reporter, 1 teevision reporter, 1 courtroom artist and 1 photographer. Participants are entited to interchange speaking roes in different trias (from tria to tria). Entering the atter four competition categories is optiona but we strongy recommend fu participation in a aspects of the tournament. If there is a sma number of pupis in the transition year cass, pupis in 3rd year in the schoo may hep make up the compement of the 6 jurors (non speaking roe). Some or a of the six jurors may be third year students but ony transition year students are aowed assume any of the non jury roes. It is recommended that students do not switch between speaking and non-speaking roes during the course of the competition. See detais about the roes of the teevision and newspaper reporters on page 7. 2 advocates (barristers) For the purposes of the competition, advocates work in pairs. So in each mock tria case there wi be a tota of 4 advocates 2 for the schoo prosecuting the case and 2 for the defence. The pair of advocates from your schoo must be abe to either prosecute or defend each case together and must divide the work in each case equay between them. For exampe, if your schoo is prosecuting, your two advocates must take an equa roe in the case, performing one speech, one examination-in-chief and one cross examination each. Advocates present the evidence during the tria and argue the merits of their side of the case. They do not give evidence themseves but must question the witnesses in such a way as to eicit/adduce the evidence from them. Participants may interchange speaking roes of responsibiity (jobs) from tria to tria. This is a tactica decision for the soicitor to make after consuting a the members on his/her team. PAL s mock trias rues permit pupis to switch to any different roes (optiona) for each separate tria and/or if you wish, introduce new participants (additiona team members) to fufi roes in each of the three trias hed during the course of the day so theoreticay a schoo team coud use up to six different barristers for the three trias but one possibe disadvantage in so doing is that no one barrister woud then be afforded the opportunity to sharpen and fine tune his/her advocacy skis and courtroom experience as the day progresses. Four additiona, individua competition categories (optiona) have aso proved to be popuar with the students- these categories are: newspapers reporter, TV reporter, photographer and court artistry. Again those participating in the said individua competition categories can switch roes for the different trias (if they so wish). 5

6 3/4 witnesses Each schoo must provide 2/3 prosecution witnesses and 2 defence witnesses. The witnesses wi be taken through their evidence by the advocates questions. The witnesses shoud earn the facts contained in their statement and use their acting skis to make their roes as convincing as possibe. A witnesses have been given unisex first names to enabe the roes to be performed by the students of either sex. Each schoo team shoud have a pane of 3/4 witnesses and the job of the witnesses is to prepare a the various witness roes in the two cases. Due to the scae of the preparatory work invoved, we recommend (not obigatory) that the witness roes shoud be spread eveny amongst your team s witness pane, however this is a matter for your team s tactics/ strategy which is utimatey the responsibiity of the team soicitor whose roe is akin to that of team captain. A pupi acting as a barrister in one case is aowed become a witness in a different case. 1 member of court staff (either court registrar or Tipstaff) The court staff pay an essentia roe by heping the judge conduct the tria and by maintaining order within the court. Each team wi prepare one student to do either of the court staff roes. When the team prosecutes, he/she wi be the Court Registrar and when the team defends, he/she wi be the Usher (aso sometimes caed Tipstaff). The Tipstaff has the extra task of timing the advocate s examination, cross examination of witnesses as we as opening and cosing speeches. Time imits wi be stricty foowed. Judges wi be advised to consider penaising students going seriousy over their aotted time. However, a tria judge is aowed exercise utimate discretion in this regard. The tipstaff shoud organise to have in court some sort of simpe, unobtrusive timing device which wi pubicy indicate/ring when the aotted/recommended times as advised have eapsed. A copy of the competitionscoring card which is to be used by the tipstaff is on page 18. The tipstaff shoud ring the be (for a short period of time) when the recommended time for the advocate s examination, cross-examination of witnesses as we as opening and cosing speeches has eapsed and he/she shoud ring the be again every 30 seconds thereafter unti the barrister resumes his seat. A ist of the times recorded shoud be fied in on the said scoring card and given to the tria judge before he retires to consider his/ her verdict. Scoring cards can be coected at the main competition desk on the day of the competition. 1 Soicitor The soicitor wi be responsibe for the co-ordination of team strategy. He/she wi aso ensure that the barristers are propery briefed on the case. He/she wi aso inform the barristers and witnesses of the correct time and venue that the case is being heard. The schoo s transition year co-ordinator might find it hepfu to consut with the soicitor before seecting the barristers. The soicitors must sit facing the barristers (opposite) throughout the tria. 6 Jurors The amount of preparation necessary for the jurors is minima. A basic background knowedge of the ega system and the roe of the jury in a tria woud be important, of 6 course. The jury shoud not rehearse with the rest of the team, as the idea for them is to

7 respond to the case as it is presented to them on the day, so as to make the competition as ifeike as possibe. It wi aso be very du for a jury to hear a case that it has seen in rehearsa severa times aready. Your jurors wi carry out their jury service in cases which do not invove their own schoo. 1 Lega Reporter The ega reporter wi watch the first case of the day (name of courtroom to beconfirmed and announced on the morning of the competition) and then write a news report on the case of the type that might appear in a quaity newspaper. The report must be handed in to the event organisers at the competition information desk on or before 2p.m. The rues and stye guide for the ega reporting award can be found at the end of this guide. 1 Teevision Reporter One team member wi watch the first case (name of courtroom to be confirmed and announced on the morning of the competition) and then give a main summary of the case before a recording camera in the form of a ega report. Gerry Curran, Head of the Courts Service Media Reations has kindy agreed to judge this competition category. The report shoud be of a maximum duration of 70 seconds. 1 Artist - art competition category: Art brief-on white A3 cartridge paper, ink, pen, penci or watercoour can be used. Art brief to capture the characters/mood of the case inside the courtroom. A artists wi be asked to attend the same tria which is schedued to take pace at (name of courtroom to be confirmed and announced on the morning of the competition). Participants shoud submit their work to the competition desk on or before 2pm on the day of the competition. We known artist Francis Noe Duffy has kindy agreed to adjudicate this section of the competition again this year. 1 Photographer - photography competition: Photograph to capture the characters/mood of the case inside the Courtroom or the competition happenings anywhere in the Crimina Courts of Justice (C.C.J.) throughout the day of the competition. Each photographer can submit a maximum number of three photographs. A entries must be submitted on the day of the competition or emaied to vpmartin@awibrary.ie on or before 5pm on the foowing Monday (23rd Apri 2018.). Digita or mobie phone cameras may be used. Gerry Curran, Head of the Courts Service Media Reations has kindy agreed to judge this competition category. Participants are strongy encouraged to submit a caption with each of their photos and/or a short sentence describing the photo. Athough your team on the day can ony be made up of 18 peope and you must use the same peope throughout the day, it woud be wise to aow for the possibiity of iness or an unforeseen event and have reserves avaiabe. 7

8 Points to Remember 1. In each case the advocates must divide the work between them, i.e. one speech, one examination in-chief and one cross-examination each. 2. Witnesses are not aowed to eaborate excessivey beyond the information contained in their witness statements they shoud say I don t know rather than make a repy. Conversey, the advocate shoud not ask questions which are unreasonabe given the imited information in the witness statements. 3. Reading from scripts is forbidden. It is not advisabe to earn speeches by heart to the point where advocates cannot adjust to any possibe deveopments in the tria. Advocates may, however, take notes into the courtroom. 4. You can change the combination of team members assigned speaking roes that you use for each case. That is to say, as ong as the same team members pay the speaking roes during the day, they may take on different roes for different rounds if they wish. For exampe students may be advocates in one case and witnesses in the other. A BEGINNER S GUIDE TO ADVOCACY Roe of the Prosecution The task of prosecuting advocates is to present the case for the Director of Pubic Prosecutions (D.P.P.). Their aim is to convince the jury that the defendant (the accused) is guity beyond reasonabe doubt. Thus the burden of proof is on the prosecution. Roe of the Defence Defence advocates must stick to their cient s version of the facts. They do not have to prove that their cient is innocent, their roe is to undermine the prosecution case and create, at east, a reasonabe doubt in the minds of the jury as to the guit of the defendant. They may, perhaps, cast doubt on the prosecution s case by showing that the prosecution witnesses are untrustworthy, that their evidence makes no sense or shows inconsistencies. Opening speech by the Prosecution Prosecution the opening speech provides an outine of your case for the jury. It shoud present a cear and concise description of the facts and issues of the case. Remember that the jury wi not be aware of the events that ed to the aeged incident and it s your job to acquaint them with the events. The prosecution shoud make it cear that the burden of proof rests on them and that they must prove the case beyond a reasonabe doubt. The speech shoud ony contain a very brief reference to the aw. It shoud concentrate on the facts. Examination-in-chief Examination-in-Chief is the process of eiciting information from your own witness by asking questions. The aim shoud be: 8

9 1. to estabish your case by asking your witness questions 2. to assist the witness to present their account fuy and in a cear and persuasive sequence 3. to try not to eave your witnesses vunerabe to cross-examination by aowing them the opportunity to give reasons for things that might strike the jury as strange. Leading questions Advocates must not put words in the witnesses mouths by asking eading questions during examination-inchief. Leading questions are those which suggest a desired response or are based on facts that have not been given in evidence. They usuay ca for a yes or no answer. E.g. Were you in London on 20th September? By comparison, a non-eading question woud be Where were you on 20th September? Another exampe woud be What happened when you crossed the road? This woud be a eading question if it had not been first estabished that the witness did in fact cross the road. To avoid eading, it heps if questions start with: what, when, where, why or how. Cross-examination Cross-examination is the process of examining your opponent s witnesses. The aims of cross-examination are: 1. To undermine your opponent s case 2. To put your case to the opponent s witness You may ask eading questions during cross-examination to expose any contradictions or confusions in the other side s case. You must aso put your version of the events to the witnesses to give them an opportunity to respond. Many teams make the mistake of being too aggressive during cross-examination. Remember sometimes You can catch more bees with honey than you can with vinegar! If a barrister is batanty and/or consistenty eading ( spoon feeding ) his witness in his/her direct examination, an advocate on the opening team may stand up and bring this matter to the attention of the Tria Judge. Opening speech by the Defence The defence shoud summarise their version of events and introduce the evidence their witnesses wi give during the case. The defendant shoud remind the jury that the defence wi be casting doubts on the prosecution case; they do not have to prove the innocence of the defendant. Scripts may not be used, but advocates may have notes to guide them. The cosing speech In the cosing speech, your task is to persuade the jury to find in your favour. You shoud try to bring together a strands of the case as a whoe to show the jury the picture as you want them to see it. In doing so you must stick to the evidence and not misead the court. You shoud dea with the reevant aw but not in detai or at great ength. The defence shoud remind the jury that they cannot convict uness the prosecution have made them sure, beyond any reasonabe doubt, of the defendant s guit. The cosing speech shoud ony refer to facts, which have come out during the course of the tria through the questioning of witnesses. You may not introduce other facts, even though they may be in the witnesses written statements, if they were not given in evidence during your particuar tria. Scripts may not be used. However, it is advisabe for you to take notes during the course of the tria, so that in your cosing speech you can use the precise words of the witnesses to reinforce points to the jury. 9

10 NOTES TO WITNESSES You wi not be aowed to read from notes during the tria. During the mock tria, you may ony testify to facts which are stated in the witness statements or can reasonaby be inferred from them. If you are asked a question which demands an answer that cannot be found in your statement or reasonaby referred from it, you must repy I don t know or I can t remember. For the purpose of the mock tria advocates shoud not ask questions which are totay unreasonabe in going way beyond the information avaiabe to witnesses. If you are asked to describe the physica characteristics of the defendant/accused, you must base your statements on the actua person paying the defendant in your tria (NB: you shoud make sure that you have a good ook at the opposition witnesses before the tria begins.) GENERAL INFORMATION ON THE RULES OF EVIDENCE 1. Admissibiity of Evidence Ony evidence which is reevant to an issue in the case, and is permitted by the rues of evidence (e.g. see point 3 beow) can be used during the tria. 2. The Burden of Proof The prosecution must do a the proving in any crimina case. This is caed the `Burden of Proof. The standard is a high one the prosecution must satisfy the jury that they are sure of the defendant s guit beyond reasonabe doubt. The defence, for their part, have to prove nothing, and if the jury are not satisfied so that they are sure of the defendant s guit, then he/she must not be found guity The Rue against Hearsay A witness can ony offer evidence if it is based on first hand knowedge. Exampe: A witness cannot say that another person tod her that he saw the defendant commit the offence. A witness can of course, say that she saw the defendant commit the offence. 4. The Right to Sience Defendants cannot be forced to give expanations for their actions, either when arrested or during the tria. However, if the defendants use something in their defence which they didn t mention to the poice during questioning, when they woud have been expected to do so, the jury may draw such inferences as they think proper in the circumstances (i.e. concerning whether their stories are unreiabe. 5. The Character of the Defendant The prosecution is not permitted to prove that a defendant has a `bad character (e.g. by teing the court of any previous convictions), uness the defence seeks to prove that a) the defendant is a person of good character, or b) a prosecution witness is of bad character. The defence does neither of these things by asserting the innocence of the defendant or by aeging that the prosecution witnesses are mistaken. The judge has discretion whether to aow the prosecution to introduce evidence of the defendant s bad character even if (a) or (b) has happened. The prosecution must aways obtain the permission of the judge before introducing character evidence. 10

11 6. Previous Inconsistent Statements If a witness s earier statement is inconsistent with what the witness says in the witness box, the advocates crossexamining the witness may ask questions about the earier statement and the inconsistency in order to show that the witness s evidence at tria is unreiabe. Exampe: A witness has given evidence that she saw the defendant carrying a knife. In an earier statement she had said that she coud not remember whether the defendant was carrying anything. The defending advocate may ask her about the earier statement in order to persuade the witness to change her evidence, or, if she refuses to do so, to persuade the jury that the witness is unreiabe or not teing the truth in the ight of the earier statement. Before asking the witness about the discrepancy, the advocate must ask the witness if he/she made any statement on a particuar day. The advocate must aso ask if he/she agrees with what is written. It may be necessary if the witness does not agree, to ask the witness to ook at his/her statement. GENERAL RULES OF PROFESSIONAL CONDUCT Not a of the foowing are stricty appicabe in this competition 1. An advocate must not deiberatey misead the court. 2. A prosecuting advocate must introduce any credibe evidence which wi assist the jury in reaching the right verdict even if it may suggest that the defendant is not guity. The prosecution s roe is to enabe the court to reach the right verdict, not just a guity verdict. 3. Therefore, a prosecuting advocate must aso give the defending advocate any evidence which might assist the jury to decide that the defendant is not guity. 4. A defending advocate must put forward the case that the defendant instructs his counse to make, however unikey or unpopuar that case may be. 5. A defending advocate shoud not defend an accused person who has admitted guit to the advocate. This appies if the Defendant/accused actuay informs his/her advocate of his/her guit. Defendants have a right to be tried by a jury and not by advocates. 6. An advocate must not give the jury his or her persona opinion as to the guit or innocence of the defendant. This prevents a prosecuting advocate teing a jury, for exampe, that he/she has prosecuted many defendants and has never seen a defendant as guity as this one. 7. Ensure a mobie phones are switched off in Court. 11

12 TRIAL PROCEDURE 1. Judge enters the court The Registrar identifies Defendant (the accused) The Registrar arraigns/charges the Defendant The Defendant peads not guity The Registrar swears jurors in as a group 2. Prosecuting advocate makes opening speech 3. Prosecution witnesses caed Examination-in-chief by prosecution of the two witnesses Cross-examination by defence of the two witnesses 4. Defending advocate makes opening speech 5. Defence witnesses caed (i.e. the Defendant pus one other witness) Examination-in-chief of firstdefence witness foowed by cross-examination of the witness. Examination-in-chief of second defence witness foowed by cross-examination of the witness. 6. Prosecuting advocate makes cosing speech 7. Defending advocate makes cosing speech 8. Judge s summing up of the case 9. Jury baiiff (tipstaff) sworn. Jury retires. Judge retires 10. Jury baiiff (tipstaff) sworn. Jury retires. Judge retires STEP-BY-STEP GUIDE TO PROCEDURE Commencement of the Tria 1. Before the Judge enters, the Court Registrar fis in the sip with a advocates names etc. and puts it on the Judge s tabe. The Usher (sometimes referred to as Tipstaff) goes to coect the judge from his chambers (which are usuay situated behind the courtroom). As the Tipstaff accompanies the judge to the court, the Tipstaff says, A rise -Sience in Court. The Tipstaff sits in the body of the court. Court Registrar stands and starts tria by asking defendant to stand. Court Registrar identifies Defendant by asking him/her Are you? (insert the appropriate name) 12

13 Defendant says, Yes. The Registrar then reads the fu indictment (which is to be found at the beginning of the cases) to the Defendant as foows: You are charged with [then read the name of the offence from the indictment] in that you [then read out from the indictment particuars of the offence eaving out the defendant s name]. Do you pead guity or not guity? Defendant peads Not guity and the court registrar asks the defendant to sit down. The Registrar swears in the jury by asking a jurors to stand and to read together their decaration. I wi faithfuy try the defendant and give a true verdict according to the evidence. 2. Prosecuting advocate stands and introduces advocates in the foowing manner: May it pease your Lordship/the Court, I appear for the prosecution with my earned friend Mr/Ms. My name is and my earned friend is Mr/Ms and Mr/Ms Represent the defendant. The prosecuting advocate must find out this information before the tria starts. Opening Speeches and the case for the Prosecution 3(a) Prosecuting advocate makes opening speech. 3(b) Prosecuting advocate cas first prosecution witness. Tipstaff eads prosecution witness to the witness box. The witness can sit in the court itsef, for the purpose of the competition. Registrar swears in the witness, asking him/her to repeat: I promise to te the truth, the whoe truth, and nothing but the truth. 3(c) Examination-in-chief of the first witness by the prosecuting advocate. 3(d) Cross-examination of witness by the defence advocate. Because of the strict time imits no objections are aowed to be made (uness deemed very important) and there wi be no re-examination of the witnesses by either the prosecution or defence. 3(e) Prosecuting advocate cas second prosecution witness. Examination-in-chief of second prosecution witness. 3(f) Cross-examination of second witness by the defence advocate. 3(g) Prosecuting advocate signifies the end of his/her case by saying: That is the case for the prosecution 13

14 Case for the Defence 4(a) Opening Speech 4(b) Defending advocate cas the first defence witness. (This wi be the defendant, who, when giving evidence goes into the witness box). Registrar swears the witness in. Examination-in-chief of first defence witness by defending advocate. The advocate shoud eicit facts to prove his/her case 4(c) Cross-examination of first defence witness by prosecuting advocate. 4(d) Defending advocate cas second defence witness by examination-in-chief. 4(e) Cross-examination of second defence witness. 4(f) Defending advocate signifies the end of his/her case by saying: That is the case for the defence. The Tria Concudes 5. Prosecuting advocate makes cosing speech. 6. Defending advocate makes cosing speech. 7. Judge s summing up of case. Court Registrar swears in the jury baiiff (who aso acts as the tipstaff). He/ she stands and says: I sha keep this jury in a private and convenient pace. I sha suffer no-one to speak to them nor sha I speak to them mysef except with the eave of the court, save to ask them whether they agreed upon their verdict. The jury baiiff (tipstaff) eads the jury to their retiring room outside the courtroom and stays with them unti they have reached their decision. At this stage, the Registrar says A rise, and eads the judge out of the courtroom. 1. The jury members eect their foreman/woman. They reach their verdict and the jury baiiff eads them back into the courtroom and then brings in the Judge (remember to say, A rise ) Court registrar asks the defendant to stand and then asks the jury if they have reached a verdict and the jury foreman/woman announces their verdict. Because of the imited time avaiabe, the jury has a maximum of ony five minutes to reach its decision. The verdict wi have no effect on the judge s score for either of the teams. However the judge may take the verdict of the jury into consideration in the event of a draw.

15 10(a) Judge comments on the performance of the advocates, witnesses and court staff and announces the winner. NOTES Bibes or other hoy books wi not be used for swearing in the jury or witnesses. When addressing the judge, advocates shoud use the tite My Judge or My Lord. If advocates need to refer by name to the other advocates, they shoud refer to them as My earned friend Mr./Mrs Points to Remember 1. In each case the advocates must divide the work between them, i.e. one speech, one examinationinchief and one cross-examination each Witnesses are not aowed to eaborate excessivey beyond the information contained in their witness statements. They shoud say I don t know rather than make a repy. Conversey, the advocate shoud not ask questions which are unreasonabe given the imited information in the witness statements. Witnesses are strongy discouraged from reading their witness statement and/or having their witness statement on their person. It is not advisabe to earn speeches by heart to the point where advocates cannot adjust to any possibe deveopments in the tria. Advocates may, however, take notes into the courtroom. 3. It is strongy recommended that time imits shoud be foowed. Judges may penaise students going seriousy over their aotted time. However, this is a matter entirey for the discretion of the tria judge. SCORING Witnesses Judges wi be scoring the witnesses on the basis of the foowing criteria: Convincing testimony Confident presentation Showing evidence of thorough earning of the part Beievabe characterisation Spontaneity of responses Court Staff (See Page 6) Judges wi be scoring the court staff on the basis of the foowing criteria: Good presentation of roe Good earning of ines 15

16 Advocates The judge wi be ooking for: A command of the facts and an understanding of the reevant points of aw. A demonstration of a cear understanding of the tria procedure and rues of evidence. Spontaneity and the abiity to think on your feet. And specificay at each stage of the tria: Opening speech: cear and concise description of the case. Examination-in-chief: eicitation of facts by short simpe questions (no eading questions aowed). Cross-examination: exposure of contradictions and weakening of the other side s case (without necessariy being antagonistic) using short simpe questions. The advocate shoud chaenge the reiabiity of those parts of the witness s evidence which are inconsistent with the case he/she is presenting. Cosing statements: organised and we reasoned, emphasising the strengths of one s case and the other team s weaknesses. THE DAY OF THE COMPETITION Programme of the Day 9.15 Competitors, judges and barristers arrive Officia competition opening ceremony. Speakers to incude Mr. Justice Max Barrett, a Judge of the High Court Round End of Round 1. Light Refreshments served Round End of Round 2. Refreshments served Round End of Round The four highest scoring teams from the three trias undertaken are announced quaify for the nationa semi-finas and fina on Saturday, the 12th May

17 TIMING CARD Prosecution (schoo name): Defence (schoo name): The Tipstaff shoud compete this sheet and hand it to the Judge before he/she retires to consider his/her verdict. The Tipstaff shoud fi in the name of the prosecution team and the defence team above. STAGE OF TRIAL MAXIMUM RECOMMENDED TIME ACTUAL Opening speech by prosecution 3 mins Examination-in-chief of first prosecution witness Cross-examination of first prosecution witness Examination-in-chief of second prosecution witness Cross-examination of second prosecution witness Examination-in-chief of third prosecution witness (if appicabe) Cross-examination of third prosecution witness (if appicabe) Opening speech of defence Examination-in-chief of first defence witness Cross-examination of first defence witness Examination-in-chief of second defence witness Cross-examination of second defence witness Examination-in-chief of third defence witness (if appicabe) Cross-examination of third defence witness (if appicabe) Cosing speech by prosecution Cosing speech by defence 5 mins 6 mins 5 mins 6 mins 4 mins 4 mins 4 mins 4 mins 5 mins 6 mins 5 mins 5 mins 4 mins 5 mins 3 mins A member of the defence team assumes the roe of Tipstaff/Usher shoud ring a be (or equivaent) after each maximum recommended time expires and every 30 seconds thereafter. Each team (Tipstaff/Usher) to suppy their own be/audio timing mechanism. If the Tipstaff fais in his/her endeavours to find a be, he/ she shoud improvise by, for exampe, tapping the desk/furniture 17

18 JUDGES SCORING SHEET Pease hand this sheet directy to the competition organiser at the main desk as soon as the tria concudes The scores given are for the presentations and shoud be independent of the decision you make on the merits of the facts of the case. Pease aocate points as foows. 2. POOR 4. BELOW AVERAGE 6. AVERAGE 8. GOOD 10. EXCELLENT Prosecution (schoo name): Defence (schoo name): STAGE OF TRIAL PROSECUTION DEFENCE Opening speech by prosecution Examination-in-chief of first prosecution witness Cross-examination of first prosecution witness First prosecution witness Examination-in-chief of second prosecution witness Cross-examination of second prosecution witness Second prosecution witness Examination-in-chief of third prosecution witness (if appicabe) Cross Examination of third prosecution witness (if appicabe) Opening speech of defence Examination-in-chief of first defence witness Cross-examination of first defence witness First defence witness Examination-in-chief of second defence witness Cross-examination of second defence witness Second defence witness Examination-in-chief of third defence witness (if appicabe) Cross Examination of third defence witness (if appicabe) Cosing speech by prosecution Cosing speech by defence Court Registrar Tipstaff/Jury Baiiff Timing/attention to competition rues Overa teamwork and presentation TOTAL JURY VERDICT: WINNING TEAM: NAME OF JUDGE: COMMENTS: 18

19 THE SCORING SYSTEM Each individua stage of the mock tria is marked out of 5 points. See a copy of the Judge s scoring sheet on page 19 for fu detais. Note that it wi make no difference whether a schoo wins or oses the case, in terms of a guity or not guity verdict. However, the Tria Judge may take into consideration the verdict of the jury in the event of the Judge scoring the tria a draw. The winning team in each round wi be awarded one point. The osing team receives no points. (no ties are permitted). The four teams who have the most points quaify for the nationa fina, for exampe, a team which remains undefeated in a three trias woud finish with a tota of three points. The nationa semifinas and fina are schedued to take pace on Saturday 9th May 2015 in the Crimina Courts of Justice, Dubin. Each team wi aso receive positive or negative bonus according to the difference between points scored by each team Exampe: Team A beats B by 94 points to 84 points. Team A receives 1 point for win +10 bonus points. Team B receives -10 points. At the end of the three heats, the four teams with the highest number of wins quaify to partake in the nationa semi-finas. If four or more teams tie, then a tie break mechanism is empoyed. TIE-BREAKING MECHANISM STEP 1: Add the positive and negative bonus points to each schoo s existing score. If a cear winner emerges, then that team goes forward. Any cear oser drops out. If two teams remain tying, go to step 2. If there is sti a tie between the three teams, go to step 2 and repeat the process. In the event of having to determine a tie-break between two or more teams who won a three of their mock trias, the highest number of positive bonus (highest margin of victory) which the team obtained in a mock tria is not taken into consideration in the first instance of the determination but if sti tied, it sha be taken into consideration in the second instance. In the event of a tie between two teams who competed against each other, the winner wi be the team which won when these two teams met. STEP 2: Add to the current scores, the tota number of points scored by each team during the three rounds. A schoo ahead on points wins, or any schoo which is behind on points drops out. The Peope.v. Fran Cara case which has featured in P.A.L. s visiting aw modue this year wi be one of the two cases featuring in the competition. The other case is The Peope v Pat Paice. A teams must both prosecute and defend the new case The Peope.v. Pat Paice. When the number of schoo teams participating in the competition has been confirmed, each team wi then be furnished with an assigned etter for the tournament (a different etter for each team) and this wi et each team know whether or not the team wi be prosecuting or defending The Peope.v. Fran Cara (See Order of Pay on page 21 of this booket). We hope to inform each schoo team of their assigned etter on the 22nd March

20 * The team isted first in each tria aways prosecutes the case. Each team is assigned a different etter for the day so the assigned etter denotes the team. * The four teams who achieved the highest scores quaify to compete in the nationa semi-finas. THE CASES The teams wi be asked to present two cases: The Peope.v. Fran Cara The Peope.v. Pat Paice We have attempted to create cases that, as far as possibe, accuratey refect the aw and tria procedure of the Irish crimina justice system. However, due to the obvious ega inexperience of the participants and the time constraints invoved, we have simpified matters somewhat. NOTE RE: CASES 1. A statements signed by the witness who made them bear the foowing decaration This statement is true to the best of my knowedge and beief and I make it knowing that if it is tendered in evidence I sha be iabe to prosecution if I have wifuy stated in it anything which I know to be fase or do not beieve to be true. I have read this statement. 2. The defence statements are furnished to the prosecution. They are being provided for the purposes of the mock tria to assist the prosecution advocate to prepare cross-examination. 3. The defendant and the witnesses have been given unisex first names to enabe the parts to be payed by students of either sex. 4. In the context of a mock tria, if there are any genuine typos (presentationa mistakes) in the witness statements, it is advisabe for Barristers not to expoit and/or rey heaviy on same, nor shoud Barristers try to catch out / wrongfoot a witness on the strength of an isoated typo error. In the short timeframe aotted for examining witnesses, barristers shoud concentrate on the main, reevant, saient issues. NEWSPAPER AND TELEVISION REPORTING COMPETITION RULES Newspaper Reporter Category 1. The report shoud be written on the day of the mock tria by a ega reporter from each schoo. A the reporters wi sit in the same court to observe the first same case and then write their reports. The reports shoud be handed in at 2.00 p.m. It is essentia that the name of the author and the author s schoo is ceary written on the report. 2. The report shoud not be more than 340 words ong. It shoud be the type of news report that might appear in a broadsheet newspaper (read a broadsheet newspaper on any given day to famiiarise yoursef with what is required). Reporters shoud assume that the mock tria case is a rea case. Entries can be hand-written or wordprocessed. 3. A prize wi be awarded for the best report. 20

21 Stye Guide for Reporters Headines Write a two ine headine of no more than 20 characters per ine. (A character is a etter or a space). It shoud engage the reader s attention and give a cear message concerning the subject of the artice. Avoid ciches and using excamation marks in the headine. A snappy first paragraph summarising the report wi hep catch the reader s attention. Accuracy is very important. You must be abe to prove everything you write. Aso beware of sweeping statements. The account must be factua. Your persona comments and anaysis are inappropriate in a news report (e.g. Coud the jury reay have beieved this? ) Write in pain Engish and try to expain things as simpy as possibe. Know what you want to say and say it as ceary as possibe. Avoid the use of engthy words and sentences. This heps make things cear. Avoid the use of engthy words and sentences. This heps make things cear. Good punctuation, grammar and speing are important. Doube check that you have spet peope s names correcty. Incude ages, occupations and addresses as appropriate. Avoid cichés and unnecessary words and phrases such as reay, actuay, somewhat, surey. Avoid purpe prose. Do not overdo the adjectives ( e.g. The jury deivered a stinging rebuke to the State s ferocious attack ). The Law Contempt Court reporters have to be very carefu of the Law of Contempt. The jury is there to decide the case, not the press, and reporters must not do anything to prejudice fair tria. However, because the verdict wi have been given by the time you write the report, this need not worry you. Defamation In Ireand the aw assumes that everyone has a good reputation. If you write something which detracts from that reputation, it is defamatory uness you can prove that what you have said is correct. However, journaists are protected from ibe if they write fair and accurate reports of court proceedings. Check what you have written is fair and accurate. A genuine error coud sti be injurious to a person s reputation. 21

22 ORDER OF PLAY CASES TIME LEAGUE 1 PROSECUTION -V - DEFENCE LEAGUE 2 PROSECUTION -V - DEFENCE LEAGUE 3 PROSECUTION -V - DEFENCE LEAGUE 4 PROSECUTION -V - DEFENCE LEAGUE 5 PROSECUTION -V - DEFENCE LEAGUE 6 PROSECUTION -V - DEFENCE LEAGUE 7 PROSECUTION -V - DEFENCE THE PEOPLE -v- PAT PLAICE A -v- B C -v- D E -v- F G -v- H I -v- J K -v- L M -v- N O -v- P Q -v- R S -v- T U -v- V W -v- X 2A -V- 2B 2C -V- 2D THE PEOPLE -v- FRAN CARA A -v- C B -v- D E -v- G F -v- H I -v- K J -v- L M -v- O N -v- P Q -v- S R -v- T U -v- W V -v- X 2A -V- 2C 2B -V- 2D THE PEOPLE -v- PAT PLAICE B -v- C D -v- A H -v- E F -v- G L -v- I J -v- K P -v- M N -v- O T -v- Q R -v- S X -v- U V -v- W 2B -V- 2C 2D -V- 2A * The team isted first in each tria aways prosecutes the case. Each team is asssigned a different etter for the day so the assigned etter denotes the team. * The four teams who achieved the highest scores quaify to compete in the nationa semi-finas. 22

23 Practica Guide for Newspaper and Teevision Reporters Students shoud be tod to note the foowing advice when writing or presenting court reports: 1. Ony incude in the report information which is reveaed in court. 2. Comments about the appearance of the accused, victims et cetera are permitted but avoid imputing guit or otherwise. 3. In the Teevision Reporting Section, it is recommended that participants view a report/presentation by a Lega Affairs correspondent which feature in any teevision news buetin. 4. Remember to incude prominenty in the report: a. the name of the accused/defendant; b. the detais of the prosecuting Garda/paintiff; c. precise information on the charge/issue between the parties d. whether, in a crimina hearing, the accused is peading guity/not guity e. the identities of witnesses; f. the name of the judge; g. the name/type of court h. the verdict 5. Newspaper reports can be submitted in handwritten form to the competition desk or by emai before 2pm on the day of the competition (paddp@eircom.net). 6. See page 7 for information about the photography and art competition categories. NOTE A teevision and newspaper reporters shoud assembe to observe the first round case which takes pace in a courtroom commencing at (name of courtroom to be confirmed and announced on the morning of the competition). Before the commencement of the tria they wi be given some ast minute words of advice by a we known journaist. The name of the courtroom wi be confirmed and announced during the course of the competition s opening ceremony. 23

24 INDICTMENT IN THE CIRCUIT CRIMINAL COURT, DUBLIN THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS) -V- PAT PLAICE Statement of Offence: Burgary, Contrary to section 12 of the Crimina Justice (Theft and Fraud Offences) Act Particuars of Offence: Pat Paice, with the intention of steaing goods, an arrestabe offence, did enter as a trespasser, the premises of Gabrie Murphy at Gabbys Service Station, Fish Road, Cavan, on the 16th day of May 2017, and thereby committed burgary, contrary to section 12 of the Crimina Justice (Theft and Fraud Offences) act THE LAW: Reevant information: Burgary. Contrary to section 12 of the Crimina Justice (Theft and Fraud Offences) Act (1) A person is guity of burgary if he or she (a) enters any buiding or part of a buiding as a trespasser and with intent to commit an arrestabe offence, (4) In this section, arrestabe offence means an offence for which a person of fu age and not previousy convicted may be punished by imprisonment for a term of five years or by a more severe penaty. Burgary comprises entering property as a trespasser with the intention of committing an arrestabe offence. In situations such as we are currenty concerned with, it is crucia that the two parts of the offence coincide, i.e. that, at the moment of entry onto the premises that the intention was present. arrestabe offence means an offence for which a person of fu capacity and not previousy convicted may, under or by virtue of any enactment or the common aw, be punished by imprisonment for a term of five years or by a more severe penaty and incudes an attempt to commit any such offence. A person guity of theft is iabe on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both. Therefore, theft of the goods in question woud amount to an arrestabe offence. 24

25 Entering a shop when it is obviousy open for business is normay under an express or impied invitation and consequenty there is no trespass and thus it woud not amount to a burgary even if the intention were to stea from the shop. SUMMARY OF FACTS/ BACKGROUND: Gabby Codd is a very weathy person, who owns a supermarket, petro station and a sma take away chip-shop. The business makes good profit by seing near the best before date food and giving sma portions of chips especiay to schoo kids and to ate night reveers. The shop is very popuar athough some peope think that there is an unusua taste from the hot chicken. There were rumours a few years ago that the Food Safety Authority had found that the chicken sod was not in fact chicken. Gabby has few friends in the ocaity and is often considered a nasty person even by Gabby s own mother who often refers to Gabby as a horribe person. One other person works in the shop, Biy, who has worked there for the past number of months. Gabby thinks Biy is great and a oya worker but is not very inteigent. Gabby ives in a sma fat which is ocated directy above the business and an interna stairs aows access to the back of the shop premises, through a door behind the counter. Gabby is actuay is a very decent person, who is simpy misunderstood by many, and fees that peope are eating too much convenience food and therefore provides portions that are the heathier option and using out-dated food is a form of recycing which heps the environment by reducing waste. Gabby is aso a campaigner for cimate justice and other environmenta causes and gives generousy towards education on green poicies and to the provision of bicyces for the poor. Gabby s ony hobby is shooting rabbits with his doube-barreed shotgun which is kept in a ocked cabinet in the bedroom. Being a big Donad Trump supporter, Gabby thinks that needing a icence for a firearm is contrary to the constitutiona right to bear arms and consequenty refuses to register the gun or appy for a icence. On the 16th May 2016 the shop had a great night s takings (in excess 5,000). Gabby has a disike for banks and because of this a of the takings were kept in a back bag under the bed. Gabby iked seeping near this cash, but often had concern that it might be taken. 25