Judges and Schools A GUIDE TO COURT VISITS

Transcription

1 Judges and Schools A GUIDE TO COURT VISITS To order more copies of this booklet, telephone: ; fax: ; or dfes@prolog.uk.com. The booklet is also available in PDF format on the LCD website: This material may be reproduced, free of charge, for educational purposes. Design & illustration Nomad Graphique Lord Chancellor s Department 2002

2 Contents Introduction Judges co-operation Action for teachers Checklist Which court? Which case? The court system Who to contact How to prepare Practical issues Court etiquette Inside a Crown Court The Crown Court in action - a quick guide to a criminal case Inside a County Court A County Court in action - a quick guide to a civil case Young people in court - as victims - as witnesses - accused of crime Some things to think about Contacts Court dress Judges and Schools CONTENTS 1

3 Introduction The law affects every part of our lives. It features somewhere in nearly every news story we read, and often affects the opinions we form and the actions we take. Through an interest in and a better understanding of the law and our legal system and the way they affect our everyday lives, we are able to become more effective citizens exercising personal responsibility and ensuring that our rights and those of others are respected. Visiting a court and following a case (or even part of one) gives us an opportunity to see how our legal system works, some of the people who make the daily decisions which shape our law and lives today and to begin to understand why the system operates in the way that it does. So this guide is for everyone. It will also help support the Citizenship Curriculum which is now being introduced into secondary schools. JUDGES CO-OPERATION Over 700 judges in courts throughout the country have said that they will welcome school visits. They have agreed to co-operate in making a visit as useful and interesting as they can. You may be able to arrange with the court staff that the judge in the case you have been listening to will be available to talk about what goes on in court, how cases are presented, how decisions are made and, in criminal cases, how sentences are set. 2 ACTION FOR TEACHERS Judges and Schools Anyone over the age of 14 (below that age only with special permission of the judge) is entitled to visit court and watch a case from the public seating area. This short guide is designed to prepare them, and their teachers, for this visit, and help them get the most out of it. The Lord Chancellor s Department has produced this guide to court visits with the assistance of the Citizenship Foundation. The Lord Chancellor is the Head of the Judiciary (the judges). He is responsible for recommending the appointment of all judges who sit in the Crown Court and County Courts and his department is responsible for the administration of the judicial system, including the running of the courts in England and Wales. The Citizenship Foundation is an independent charity promoting education for effective citizenship through a better understanding of the law and society. A meeting with a judge will usually only be practical at the end of the court day about 4.30pm but it may be possible at other times. These arrangements must be made in advance. Judges will not, of course, be able to discuss the details of any individual case. Action for teachers CHECKLIST Teachers will also want to plan what outcomes they wish to achieve and how this fits in with other work they are doing on the law and society. WHICH COURT? WHICH CASE? Types of Court and Case This guide is intended in the main for visits to Crown or County Courts. Crown Courts deal with the more serious criminal cases. County Courts deal with civil and family cases. Many courts around the country are called Combined Courts. This means that there is a range of criminal, civil and family courts within the same court building. You will not be able to see a Decide which court to visit and consider which type of case to see Contact the Court Manager or Customer Services Officer at the court to make arrangements the Court Service Customer Service Unit (see p.7) can give you details of your local courts See if a judge at the court will talk to your group during their visit (the Court Manager will know who to ask) Try and visit the court in advance to check out practical details Prepare for the visit by using this Guide and discussing with the group what they are likely to see and do Consider if any of your students have been to the court already a visit could be sensitive for them If you will see a judge during your visit think about the questions to ask him or her (their time may be limited) As you will probably only see part of a case try and find out the result of the case you have been watching Whilst not at all essential, you could contact a local lawyer (solicitor or barrister) who can help you prepare for the visit or discuss what you have seen afterwards After the visit ask the group to reflect on what has been seen. See p.34 family case in action, as they are normally dealt with in private. Less serious criminal cases are dealt with entirely in the Magistrates Courts; the more serious criminal cases begin in a Magistrates Court, before being committed (transferred) to be heard before a judge and jury at a Crown Court. Magistrates Courts also deal with family cases and other civil cases concerning the locality such as the licensing of public houses. Judges and Schools ACTION FOR TEACHERS 3

4 THE COURT SYSTEM Cases in the House of Lords and the Court of Appeal normally deal with disputes concerning the law, and deciding what the law says about the case in question. The main work of all the other Courts, whether they are criminal or civil is to hear evidence and decide Family Courts Family cases involve what happens when a couple get divorced or separated or there are other disputes which relate to the circumstances in which family members especially children are to live. This will often involve the court giving orders (instructions) to sort out these disputes. Family cases, depending on how serious they are, are heard in Magistrates Courts, County Courts and the High Court. It is possible to appeal the decisions of these courts. Magistrates Courts Magistrates Courts are criminal, civil and family courts. They deal with the less serious criminal cases (about 95% of all criminal cases) and they also deal with family cases and other noncriminal work such as the licensing of public houses. The Youth Court is part of the Magistrates Courts. what exactly happened in the case. In other words their main job is to decide matters of fact rather than questions of law. The arrows show, in the simplest form, where there is a right of appeal from one court to another. County Courts The County Courts are civil and family courts. Most civil actions (proceedings) concern disputes between individuals or companies who are asking the court to provide some kind of legal remedy to put right, or compensate them for some harm which has been done to them. In other words they are private matters, and the State is not involved. Civil cases in the County Courts deal, for example, with claims resulting from accidents caused by someone else, breaches of contract (these are agreements which are legally binding), consumer complaints about faulty goods or services, or what happens if someone gets into debt and can t repay the lender. The High Court is the senior civil court in England and Wales. It is divided into three divisions: Chancery (complex matters such as disputes about wills, bankruptcy and land law), Family (divorce and child welfare matters) and Queen s Bench (all remaining business). It deals with the more substantial, high value civil claims. The Crown Court There is one Crown Court but it has over seventy centres around the country, each one being called a Crown Court. Most Crown Courts have a number of court rooms and a number of judges who work there. The most famous Crown Court is the Central Criminal Court (known as the Old Bailey ) in London. The Crown Court is a criminal court. A Crown Court judge presides over cases where juries decide whether people are House of Lords its full name as a court is the Judicial Committee of the House of Lords. It is the highest appeal court in England and Wales. It hears cases where questions of law of major importance are involved. The Court of Appeal hears appeals from the Crown Court (criminal cases) and the High Court and County Courts (civil and family cases). guilty of a crime and, if so, the judge decides how they should be punished. Almost all criminal cases are ones in which the State (or Crown) prosecutes a person who is alleged to have committed a crime. This means that the prosecution is conducted on behalf of society as a whole and not by an individual. The Crown Court deals with all sorts of cases from serious motoring offences, theft, assault and supplying drugs, to murder. 4 ACTION FOR TEACHERS Judges and Schools Judges and Schools ACTION FOR TEACHERS 5

5 Points to consider in deciding which court to visit Some civil cases in the County Courts can be more drawn out than criminal cases, and the court proceedings can take longer to resolve. But County Courts also deal with many fast track cases which are heard in one day. It should therefore be possible in a well chosen session to observe a criminal case at a Crown Court or a fast track case in a County Court and obtain a detailed picture and overview of the case. Civil cases may deal with situations which are easy to understand as they often relate to everyday disputes and events. During civil cases, parties are encouraged to settle their differences by negotiation and compromise, rather than pursue them to the bitter end in a contested court hearing. So sometimes they settle before they begin in court or end half way through without you really knowing why. In a criminal case, unless the defendant pleads guilty at the beginning, the case will continue until a guilty or not guilty verdict is reached. Criminal cases in the Crown Court are heard by a judge and jury. Almost all civil cases in the County Court are tried by judges alone, without a jury. It is often interesting to listen to the evidence and think what you would do if you were the judge or jury. Criminal cases taken to the Crown Court can be of a very serious nature. It may not always be appropriate to take young students to observe some cases, particularly those involving some violent crimes against the person. There will always be someone at court who can tell you about the types of case being heard on the morning of your visit. Most Crown Courts have a number of courtrooms. Therefore, on any one day there will be a variety of cases being heard. It may be hard to find out much about the cases before the day of your visit due to the unpredictable nature of how cases can proceed. You can also visit Magistrates Courts (where less serious criminal cases are dealt with). These can be equally useful to follow, and magistrates will often visit schools. There are more Magistrates Courts than Crown Courts so, in some areas, it may be more convenient for schools to visit a Magistrates Court. You can find out details of the Magistrates in the Community programme from the Communications Officer: or you can get in touch with your local Justices Chief Executive. WHO TO CONTACT To find out where your nearest local Crown or County Court is and who to contact about court visits, call the Court Service Customer Service Unit (tel: ). They will give you details of the Customer Service Officer at your local court. It is strongly recommended that the organiser visits the court in advance to HOW TO PREPARE First, decide which type of case would be most appropriate to observe taking into consideration the points discussed under Which Court? Which Case? Activities in the classroom prior to the visit may help to give pupils a better understanding of what they will be observing in a court room. (Take students through the Quick Guides in this booklet for the appropriate court and see page 34.) Setting up a mock trial in the classroom can help students understanding of the layout of a court and the different roles taken on by legal professionals and members of the public see page 35. There are various mini versions which can be used to meet the Court Manager or Customer Service Officer and to consider the practical issues see page 8. More information on the Court Service can be found on their website at explore aspects of the procedures described in this booklet. Guidance on doing this can be obtained from The Citizenship Foundation (see page 36) who can supply suggested cases and a procedure to follow. There will be a small charge. Following news stories about court cases on television or in the papers can give an insight into how they are reported in the media and the issues that are raised. This can then be compared with the experience of visiting a court and listening to a case. The judges and court staff will explain everything you need to know during the visit. 6 ACTION FOR TEACHERS Judges and Schools Judges and Schools ACTION FOR TEACHERS 7

6 PRACTICAL ISSUES When you contact your local court you will need to find out the practicalities of a visit, such as the size of the public seating area, visibility and audibility, disabled access and nearby parking. Court security is high and certain items will not be allowed within the court building. Electrical items, such as mobile phones or pagers, canisters or any other items which are a possible or perceived risk to people or the building will generally be prohibited. A search of the person or property may be carried out and there may not be room to store any items which are confiscated. It is advisable to take as little as possible with you and avoid taking large bags which you will not be able to take into the public seating area. The public seating area is open to all members of the public over the age of fourteen who wish to observe a case. Therefore, it cannot be guaranteed that a large party of students will be accommodated. A party of is probably the most that can sensibly be accommodated at one visit. Court Etiquette Remove all head gear before entering the court. There are exceptions for religious observances. Enter and leave the court room at an appropriate time so as to cause as little disturbance as possible. Keep quiet at all times. Sit in the designated area, which will be pointed out to you by the usher (court room official in the black gown, usually wearing a name badge). Stand when the judge enters or leaves the court. Always ask the usher if you are in any doubt as to what to do. The following activities are not permitted in court: smoking, eating and drinking, reading magazines and newspapers, taking photographs, making tape-recordings, using a mobile phone, using a personal stereo, taking notes (unless authorised to do so by the usher) bringing an animal into court except a guide dog accompanying a registered blind person. 8 ACTION FOR TEACHERS Judges and Schools Judges and Schools COURT ETIQUETTE 9

7 Inside a Crown Court Judge The judge presides over the trial and tries to ensure clarity and fairness. The judge will decide on legal issues such as whether evidence is admissible (i.e. what the jury are allowed to take into account). The judge must remain apart from the other people in a trial and therefore will have a separate entrance and a private office called judge s chambers. Jury The jury is there to decide the facts of the case and will apply the law explained to them by the judge to reach a verdict of guilty or not guilty. The Jury are a panel of 12 local people aged between 18 and 70. They are picked at random from the Register of Electors. Jurors must have no personal connection with the trial. Jurors are kept separate from other people in court so that their verdict will not be affected by anything except the evidence that they hear in court. Barristers Barristers (or counsel) are qualified lawyers who represent the prosecution or the defendant (in criminal cases) or the claimant or defendant (in civil cases). They have special training in courtroom procedure and advocacy (presenting cases in court). They sit in the courtroom facing the judge and are responsible for explaining the case, arguing its merits and, most importantly, presenting the case by calling the evidence upon which the case is decided. Solicitors Solicitors are also qualified lawyers. They work with their client and the barrister, preparing the case and collecting the evidence. Some solicitors have received special training and are qualified to act as advocates in the Crown Court. Solicitors can present cases in the Magistrates and County Courts. In a criminal case the defence solicitor is appointed by the defendant. The lawyers representing the prosecution will usually be employed by the Crown Prosecution Service. Solicitors and their employees who assist counsel in the Crown Court sit behind them. In a civil case each side chooses its own lawyers. Clerk The clerk, sometimes called the Associate, looks after all the documents for the trial, and records all the judge s decisions and instructions, so that they can be acted upon. The clerk is responsible for some of the most important formalities: he or she reads out the indictment (telling the defendant what he/she is charged with), ensures that the jury takes a solemn oath to give a true verdict according to the evidence and that the witnesses take a solemn oath to tell the truth. At the end of the trial they ask the jury what their verdict is. This is called taking their verdict. Usher The usher looks after the courtroom and the people in it including the judge and jury. The usher will also bring into court defendants, witnesses and others required by the court. Defendant This is the person who has been accused of a crime and is standing trial for this in the court. In a criminal case sometimes two or more people are accused of committing a crime together. 10 INSIDE A CROWN COURT Judges and Schools Judges and Schools INSIDE A CROWN COURT 11

8 Witnesses During the trial the witnesses are brought one by one into the witness box to give evidence, i.e. tell the court what they can about the facts of a case. First, the witnesses for the prosecution are called. Their evidence must be limited to things that they have seen or heard themselves. Experts may also be called on to give authoritative opinions on subjects such as fingerprints, guns or medical matters. Next, the witnesses for the defence are called. They may include the defendant and other witnesses, including, for example, alibi witnesses (if the defendant denies being present at the scene and the witness can say where he was) and the defence s own experts. If there is no dispute between the prosecution and the defence over the evidence of a witness, the witness is not called and instead the evidence is agreed and read to the jury as agreed evidence. Where a witness is vulnerable or worried about giving evidence he or she may be supported through the experience by a member of the witness support team. They will look after the witness outside court and remain in court when the witness is giving evidence. Press The press or other representatives of the media usually sit at the front of the public seating area (or in other reserved seats) to report what happens in court for the benefit of the public in general. They are entitled to report any part of the court proceedings, providing the reports are accurate and fair. The court may order that they cannot report on proceedings if there is some good legal reason that they should not do so e.g. if children are involved, or matters of law are being discussed in the absence of the jury. Public Any member of the public may sit in the public seating area to see and hear what is happening. Court Reporter Many cases are officially recorded as they proceed by a court reporter who is responsible for recording the evidence and the judges summing-up (in criminal cases) and the judgment (in civil cases). Dock Officer In the Crown Court the defendant who is accused of a crime is accompanied by a dock officer who is responsible for his/her security. The Crown Court in Action A QUICK GUIDE TO A CRIMINAL CASE This section follows what happens in a criminal case. Background: Robin, 18, has been arrested and charged with three offences theft (stealing a motor cyclist s helmet from Manic Machines); assault (hitting the elderly shop keeper in the face and breaking her nose) and possessing an offensive weapon (a large lock knife was in his pocket when he was arrested). Robin told his lawyers that he didn t do it, and has been set up by the shopkeeper who doesn t like him. He said he went to have a chat with a friend working in the shop as he d often done before. He said the shopkeeper had falsely accused him of trying to steal. She attacked him and fell over and that is how she was injured. He said the knife was planted on him by the police. Robin is represented by a solicitor who has briefed or instructed a barrister to act as Robin s advocate that is to present his case in court. Robin will have met the solicitor who is preparing his case on a number of occasions. He will probably meet his barrister for the first time shortly before the trial. The prosecution are also represented by a barrister briefed by the Crown Prosecution Service. Some weeks ago Robin appeared before the magistrates. Then the prosecution solicitor explained the evidence against him. Robin didn t have to say what his explanation was. The magistrates said there was enough evidence for Robin to stand trial in the Crown Court before a judge and jury. The judge runs the trial and must ensure it is conducted fairly at all times. The judge has to decide what evidence can be allowed and what can t. He or she has to advise the jury what the law is and, if Robin is found guilty, the judge will decide what sentence to give. He or she wears judicial robes (a wig and gown) and remains apart from everyone else involved. The jury has to listen to all the evidence about the facts. They will often have to decide which witness to believe or not to believe when different versions of what happened are given by different people. They must then decide, in private, whether the defendant is guilty or not guilty. The Prosecution must prove the case against the defendant on each charge so that the jury are sure of guilt. 12 INSIDE A CROWN COURT Judges and Schools Judges and Schools THE CROWN COURT IN ACTION 13

9 PROSECUTION PROCEDURE The charge Everyone who is accused of a crime must know clearly what it is that they are said to have done. This must be in writing. The Clerk reads out each charge and asks Robin to say if he is guilty or not guilty. DEFENCE PROCEDURE i ve heard this before from the police, in the magistrates court, in the letters they sent me and now here. they ve got it wrong and i m not admitting i m guilty of anything. Prosecution opening speech The barrister appearing for the prosecution makes a short opening speech to the jury (and judge) telling them what the case is all about. He has to summarise both what the prosecution say happened and what Robin says happened. Prosecution evidence i've got to listen to this in case they say something that s wrong. i've been told that my barrister has his chance to put my side of the story later. So Robin says not guilty each time. Each witness who saw what happened is called to give evidence. Usually the victim goes first. So here the prosecution calls: the shopkeeper the other customers in the shop Swearing in the jury 12 members of the public, selected at random, are asked to swear that they will give a true verdict according to the evidence. Religious people will swear on their book of faith; others can affirm which means making a solemn promise to give a true verdict. i m told they are going to decide my case. they look alright. at least i ve never seen any of them before. If Robin has a good reason he can object to any of the jurors. So if he knows that one of them was the parent of a friend or a teacher at his old school he could object. the police who were called and who arrested Robin the doctor who examined the shopkeeper the forensic scientist who found Robin s finger prints on the knife. Each witness swears to tell the truth or affirms that he or she will do so. The prosecution barrister asks questions of these witnesses first. The questions mustn t suggest the right answer; these are called leading questions so he can t ask the shopkeeper: Did you see Robin steal the helmet? Instead the barrister must ask What did you see Robin do? 14 THE CROWN COURT IN ACTION Judges and Schools Judges and Schools THE CROWN COURT IN ACTION 15

10 Re-examination well, i was so angry that i ran after him and he put his hand up. i ducked and tripped. i m sure i felt something but i suppose i may have hurt myself when i fell over - it was all such a rush. After Robin s barrister has asked the witnesses questions the prosecution barrister can ask further questions to clear up any confusion. He can t ask about new things. my barrister s got a chance now. Cross examination The barrister representing Robin can test the evidence of each of the prosecution s witnesses by asking any questions which are relevant to the case. It is the best opportunity to show that the witness is unreliable or can t remember things clearly or is even dishonest. When Robin s barrister put it to the shopkeeper that she chased Robin and fell down as she reached him, injuring herself, she admitted that she couldn t be sure whether Robin hit her before she fell or that it just felt like that and she was confused. If the defence disagrees with what a witness has said they must make this clear. So when the policeman who arrested Robin said he found the knife in Robin s pocket, Robin s barrister has to suggest to him that, as Robin says he never had a knife, the policeman must have placed it there. this is my side of things - what i say really happened. Other witnesses on Robin s side give evidence. His friend Darren confirms that Robin didn t own a bike and couldn t ride. He also confirmed Robin had often visited him and the shopkeeper had been annoyed by this in the past. Another customer in the shop said he was being served by the shopkeeper when the incident happened and the Defence opening speech The defence barrister can make a speech but doesn't have to and is not allowed to if Robin is the only witness on his side. In fact the defence rarely make a speech at this stage saving things for later. The Defence Evidence The witnesses on Robin s side now give evidence. Usually, the defendant Robin in this case goes first. He doesn t have to give evidence but if he doesn t the jury can draw inferences from his failure to do so. This means that the jury may think he has something to hide as he was the best placed person to say what he believed happened. So Robin gives his evidence. i told them i went to have a chat to darren who works there! i d often popped in before. i don t have a bike and was just looking at this helmet and trying it on outside when the shopkeeper shouted at me and she and some other customers started coming at me. as she got near me she fell over. i never hit her. i suppose i panicked then and ran off with the helmet. i never owned a lock knife and the police must have planted it on me, so it got my prints on it when i felt in my pocket. shopkeeper seemed very angry when she spotted Robin taking the helmet outside and had run after him falling over when she reached Robin. Robin s elder brother, who he often stayed with, said he had never seen Robin with a lock knife or ride a bike. 16 THE CROWN COURT IN ACTION Judges and Schools Judges and Schools THE CROWN COURT IN ACTION 17

11 Cross examination of defence witnesses This is the prosecution s opportunity to challenge Robin and any other witness on his side. This can be very direct and personal. The way in which Robin gives his evidence and replies to challenging questions can be the key for the jury to make up their mind on the truth of the case. In this case: Robin admitted under questioning that he had recently applied to take his Compulsory Basic Training (which he needed to get his driving licence) Darren admitted that he knew Robin had bought a knife. He couldn t identify it though as the one the police said they found on Robin Prosecution closing speech The prosecution barrister makes a final speech to the jury explaining how he says the charges are proved. Defence closing speech The defence barrister makes a closing speech and explains to the jury why she says that the evidence doesn t amount to sure proof that Robin did what he is accused of. Robin s brother said he had seen a motorbike at the back of his house when Robin was staying but he couldn t remember seeing Robin ride it The other customer maintained that although the shopkeeper was angry and chased after Robin he hadn t seen Robin hit her. that was tough going. pity i forgot darren knew i had bought that knife and they discovered i was doing a test. but i still don t see how she can prove i hit her when she just fell over - so they can t get me for hitting her can they? Judge s summing up The judge first tells the jury what the law is on each charge and what the prosecution must prove in order to make the jury sure of the case. He then reminds them of the important parts of the evidence from both sides. This must be fair and balanced. It should help the jury by reflecting the strengths and weaknesses of each side s case. i can't tell whether he thinks i'm guilty or not - but my barrister told me that's not the point. it s the jury who will decide what happened. the judge isn t supposed to show what he thinks - that s up to the jury. but he did say if the judge makes a mistake in telling the jury about the law and i m found guilty i could try and appeal. my barrister s doing a good job. i didn t think i had such a good case! 18 THE CROWN COURT IN ACTION Judges and Schools Judges and Schools THE CROWN COURT IN ACTION 19

12 Reaching a verdict The jury go to a separate room. This will be guarded by the Jury Bailiff (an usher). They must elect a foreman or forewoman who acts as unofficial chair and will announce the verdict in court. Juries mustn t discuss the case with anyone else even if they go home overnight. Juries are expected to try and reach a unanimous verdict. If they have tried for a long time the judge can agree to accept a majority verdict which must be at least If that isn t possible the jury is said to disagree and the defendant may have to go through a retrial. If the same thing happens a second time then the custom is that the prosecution is dropped and the defendant is found not guilty. Verdict If the jury find the defendant not guilty he can leave the court immediately as a free person. He can t then be tried again for the same offence (although there are proposals to change this in certain circumstances). If he is found guilty the judge must pass sentence. Robin is found guilty of theft and possessing an offensive weapon, but he is found not guilty of assault. The judge now has to sentence Robin. He will take everything he knows about the case into account. He will be told if Robin has any previous convictions. He will not sentence Robin until he has received a pre-sentence report from the Probation Service. Sentence In this case Robin has past convictions for shoplifting when he was 16 and possessing an offensive weapon when he was 17. He has been fined and placed on probation. This time the choices are: Rehabilitation (probation) Community Punishment (unpaid work on behalf of the community) Custody in a Young Offender Institution (Robin is under 21 so he can t be sent to prison). As Robin s offences included theft and being in possession of a dangerous weapon, and he has a previous conviction for a similar offence, he is sentenced to six months in a Young Offender Institution. The dock officer who has been guarding Robin in the dock throughout the trial will escort him to the court s cells and then he will be taken to the institution. what am i going to do now? Plea in Mitigation Robin s barrister can explain to the judge why a light sentence is more appropriate than a severe one. She can produce references for him and explain any relevant personal circumstances about work or family life. The judge will also have a pre-sentence report prepared by a probation officer. All this can be very important in helping a judge decide between a sentence of custody and some other form of punishment. 20 THE CROWN COURT IN ACTION Judges and Schools Judges and Schools THE CROWN COURT IN ACTION 21

13 Inside a County Court A County Court in Action A QUICK GUIDE TO A CIVIL CASE This section follows what happens in a civil case. These are cases which sort out disputes between people often where one side is claiming compensation from another. Sunita was in the changing rooms in her local sports centre. This was run by the local authority (council). She locked a cubicle door and became trapped when she couldn t undo it. The lock was faulty. Sunita called for help but none came. She tried to climb over the top of the door. She couldn t reach so she stood on the door handle to make it easier. This moved and Sunita fell and broke her arm. She claimed compensation from the council saying they were negligent, i.e. to blame for the faulty lock and so responsible for her injury. Sunita is called the claimant. She has instructed a firm of solicitors to represent her. In the County Court a solicitor can act as her advocate so she doesn t need to instruct a barrister as well. The council is called the defendant. They have employed a solicitor who has instructed a barrister to present their defence to the court. Before the case gets to court, Sunita s solicitors have to prepare a claim form and send this to the court. This sets out her version of events and why she says she is entitled to compensation. The council dispute the claim so they have to prepare a defence. This sets out their case and why they say Sunita should not receive any compensation. Both sides may obtain evidence that is statements from witnesses to support their side of the case, which set out what they say happened. As Sunita is claiming less than compensation and the case should be dealt with quickly it is heard in the local County Court before a District Judge. (If it involved more than that or was more complicated it would be heard either in a County Court by a more senior judge or in the High Court by a High Court Judge, but the proceedings would be similar). There is no jury in most civil cases so the judge has to hear the case on his or her own. The judge will have been involved in the early stages of the case making sure that both sides have their cases ready for trial. Judges now have to manage cases they are going to hear in order to make sure they are dealt with as quickly and efficiently as possible. In court the judge must decide on the basis of the evidence what actually happened and then has to apply the law to settle who was responsible. If the case is proved, the judge will decide how much compensation to award to Sunita. In a civil trial a claimant does not have to make the judge sure that he/she is right. They have to prove the case on a balance of probabilities. This means that their case is more probably (more likely to be) right than not. The judge will wear judicial robes and a wig and sits apart from everyone else. 22 INSIDE A COUNTY COURT Judges and Schools Judges and Schools A COUNTY COURT IN ACTION 23

14 CLAIMANT Claimant s opening speech Sunita s solicitor makes a short opening speech to the court which explains what the case is and what evidence will be called to prove it. He will also summarise what the defendant says the position is. it s taken all this time to get to court and i ve still got to say what happened all over again - but what the lawyer said sounded ok to me. Claimant s evidence The claimant Sunita is usually called to give evidence first and says what happened. i was nervous but i was told to LISTEN to the questions and just answer them as clearly as i could. the questions from my lawyer were ok as i had been over it before when i gave my written statement. DEFENDANT it s a real shame what happened and we re sorry she was hurt - but why wasn t she a bit more patient. if she had just waited for help..and as for standing on the door handle! Claimant s evidence Other witnesses who help her prove her claim give evidence. So here her lawyer calls: her friend who had been waiting for her outside; she had eventually gone back in to the changing room and had heard Sunita call for help the doctor who examined her and reported on her injuries other people who had used the changing cubicle in the recent past and had reported that the lock was sometimes stuck. An important piece of evidence here was the state of the lock was it faulty? This is something an expert can decide and the court has ordered a single expert to examine the lock and report on the problem. This saves a lot of argument between experts on what should be straightforward technical matters. The expert said the lock was faulty. it was really difficult answering all those questions. it felt like i wasn t being believed at all and that i d behaved really stupidly. but at least i did as i d been advised and kept calm and just answered the questions as honestly as i could. it helped when i got a glass of water. Cross examination This is where the lawyer representing the defendant (the council) can test what has been said by the witnesses on Sunita s side. It is an opportunity to show that their memory was shaky or the evidence was exaggerated or even just made up. The questions can be very direct and personal. i was tempted to answer back and ask the barrister what she would have done if she d been trapped - but there wouldn t have been any point - the lawyers are there to ask the questions not to answer them! i have to say she sounded very reasonable in the witness box about what she did - it must have been grim getting stuck and not getting answered. but our records show the lock had been regularly tested so what more could we do and i still reckon she should have worked out that it was pretty silly standing on that door handle. In this case Sunita accepted that she must have realised the door handle was likely to spin round when she stood on it. 24 A COUNTY COURT IN ACTION Judges and Schools Judges and Schools A COUNTY COURT IN ACTION 25

15 Re-examination This is a chance for Sunita s solicitor to ask further questions to clear up any confusion. But he can t ask about new things. Defendant s opening speech The barrister representing the council can make a short speech introducing the evidence he is going to call. But often the witnesses are called straightaway. Defendant s evidence The witnesses on the council s side now give evidence. In this case a council officer gives evidence as to how often the changing rooms were inspected, that all the locks were recently reported as being in working order, and that no-one else had reported being trapped. The attendant explained that if Sunita had called out it would have been heard quite easily by a number of people and she said she hadn t heard anything until Sunita s friend came to tell her Sunita had been injured. it seems unfair to concentrate on whether i shouted loud enough or should have just sat there for longer. The council accepted the expert s evidence that at the time he inspected it the lock was in fact faulty and the doctor s evidence about the injuries Sunita suffered when she fell. Cross examination This is the time when Sunita s solicitor can challenge the defendant s witnesses. The changing room attendant admitted she had been concentrating on another customer at the time and probably wouldn t have heard a cry from the cubicle unless it was very loud. And the council officer couldn t identify from the records who had actually inspected this particular lock or whether they were qualified to do so. So Sunita s solicitor suggested that there was real doubt as to whether there had been any effective recent inspection. that sounded awful - as if it was all my fault; but i was warned to be prepared for that and to wait and see what it sounds like when my lawyer puts my side of the case. well, our record keeping isn t up to scratch. i must take that up - but i still think we did everything we reasonably could to see the place was safe - and she just shouldn t have risked trying to get out the way she did without waiting for help. Defendant s closing speech The council s barrister now makes a speech to the court which reviews all the evidence and explains why the council say that it wasn t reasonable for them to be held responsible for Sunita s injuries. He says the council accepted that the lock was faulty but that they had done all the checking they could. It was unfortunate that it became stuck when it did. It was just a pure accident for which they could not be held responsible. And he said Sunita had caused the injuries herself by trying to escape in what was obviously a dangerous way and which a reasonable person would have realised was risky. He will describe to the judge the relevant law and suggest how it should be applied in this case. 26 A COUNTY COURT IN ACTION Judges and Schools Judges and Schools A COUNTY COURT IN ACTION 27

16 Claimant s closing speech Judgment Sunita s solicitor now makes the final speech. He explains that the council agreed that they were responsible for the lock and that the evidence shows that in all likelihood they hadn t checked it properly to see that it was safe. Unlike a criminal case in the Crown Court, Sunita doesn t have to prove this so the judge is sure it is enough to prove that on a balance of probabilities (i.e. it was more probable than not) the locks weren t checked. He also argues that Sunita shouldn t be blamed for trying to escape when the problem was caused by the council s negligence in the first place. He will describe to the judge what the law is and refer to any relevant cases which have been decided in similar situations, whether they support his case or not. i thought that sounded pretty convincing. i do hope this is over soon as it s quite a worry. all i want is some fair compensation for the agony i suffered. The judge now gives her judgment. Usually this happens straightaway but in complicated or long drawn out cases the judgment can be reserved and given at a later date when the judge has had a chance to consider everything in detail. In this case the judge said this was a simple case. She decided that the council were responsible for providing safe changing rooms in the sports centre; that she had considered the evidence about checking the locks and that in her view it was more probable than not that this lock hadn t been checked recently. Finally, the judge said that it was reasonable for someone trapped in a cubicle to try to escape provided their efforts were sensible. So she decided that the council were liable to compensate Sunita. But she also decided that Sunita had been at fault. She had contributed to her own injuries by her own negligence in risking standing on a movable object the door handle. The judge ruled that Sunita s compensation of 4000 should be reduced by 25% because she had also been at fault. She was therefore awarded A COUNTY COURT IN ACTION Judges and Schools Judges and Schools A COUNTY COURT IN ACTION 29

17 Young people in court Young people can be involved in a court case for many reasons. So it may help those who do have to go to court to have visited a court and discussed what goes on there. Under 18 s in the criminal courts are referred to as Young Persons or, if they are under 14, Children and if they are charged with an offence Young Defendants. In the civil and family courts they are simply called Children. Young victims More young people are the victims of crime than commit crime. They may have to give evidence in court about what happened to them. This is never a pleasant experience but much is done to ensure that they feel at ease and able to tell the truth. Young witnesses Young people are sometimes witnesses. Even if they are not personally involved at all their evidence may be important. Young defendants Young people of 10 or over who commit crimes (and who are not cautioned see page 32) may be taken to court. They will usually appear in the Youth Court (Magistrates) or, if the crime is a serious one, in the Crown Court. There are special procedures to ensure that they do not feel intimidated by the experience and receive a fair trial. Family courts When the courts have to deal with things like the custody or care of young people or arrangements for their welfare, in general the judge will always receive reports in which the young person s views are recorded. Very occasionally the judge may agree to see the child in person but this usually only happens when they are at least 14 or 15. The judge will see the young person in private but their views must be passed on by the judge to the adults involved in the case often family members. YOUNG PEOPLE AS VICTIMS The police and court staff are specially trained to help young people who are victims of crime, especially when they have to give evidence in court. There is usually as little delay as possible in bringing the case to court. Interviews with the young person before the case will usually be by a specially trained policeman or policewoman and a social worker; the interview will be videoed and a parent or adult friend can be present. At court there will be a specially trained officer to support the young person. A model of the court will often be shown to younger children beforehand so they will have some idea of what to expect. Young people will never have to come face to face with the person accused of harming them. Young people must never be bullied by questioning lawyers; they may be allowed breaks if they become tired or upset. In most cases, the young person will not have to go into the courtroom at all but will give evidence by a video link. They will only be able to see the judge and lawyers asking them questions on the screen; the people in court will be able to see the young person on their screen. The judge is responsible for seeing that the young person is treated properly, and will always do so. 30 YOUNG PEOPLE IN COURT Judges and Schools Judges and Schools YOUNG PEOPLE IN COURT 31

18 YOUNG PEOPLE AS WITNESSES Where the young person is not a victim but has seen or heard something that may be helpful to the court in deciding the case, similar arrangements are made to help them. Again, they may be able to give evidence by video link. The young person may have to go into court to give evidence and be questioned directly by lawyers about what he or she saw or heard. They too must be treated properly. They must never be bullied by questioning lawyers and will be allowed breaks if they become tired or upset. In serious cases the case will be heard in the Crown Court before a judge and jury. The public and the press are allowed into court, but the judge may (and usually does) make an order that the names of the young people involved should not be published. That is why you often read in newspapers that for legal reasons the person could not be identified. Trials of young people in the Crown Court follow guidelines set by the senior criminal judge the Lord Chief Justice to ensure that the process is as easy to understand as possible and that the young person has the opportunity to participate. It is important that young people who are accused of crimes are not intimidated, humiliated or caused distress by the proceedings. The court room illustrated on page 10 may be replaced by a room where everyone is on the same level (see below). The young person who is accused can sit with their parents and there will be regular breaks. Judges and lawyers will be dressed in ordinary clothes, unless the young person has specially asked that wigs and gowns should be worn. YOUNG PEOPLE ACCUSED OF CRIME Before getting to court the young person will have been interviewed by the police, arrested and charged with the alleged offence. There are rules to ensure the interview is fair and that a parent or adult friend is present. A lawyer is also present to protect the young person s legal interests. The Police and the Crown Prosecution Service will have decided that the matter could not be adequately dealt with by a caution (which does not involve court proceedings) and that there is enough evidence to justify them bringing a prosecution. In most cases the young person will appear before a Youth Court. The judges in the Youth Court are specially trained magistrates. The hearing will usually be in private. There is no press or TV reporting and the magistrates try and make the procedure as understandable as possible. The trial will generally follow the description of the Crown Court case earlier in this booklet. Pictured: An example of a Youth Court 32 YOUNG PEOPLE IN COURT Judges and Schools Judges and Schools YOUNG PEOPLE IN COURT 33

19 Some things to think about To enhance your visit to a court you may like to consider these suggested activities. Before a Court Visit Study the cases in this guide; talk about the roles of the people involved at court; discuss who and what you expect to see. Discuss how you expect to feel about being in court. Make a file of press cuttings of cases in your local courts and see how cases are described. Make a list of things you want to find out when you visit court and prepare some questions to ask the court staff and the judge. At Court Listen and observe what people are saying and doing. If allowed by the court, you could make a plan of the court and mark on it the various people involved in the case and what their roles are. Note down anything you don t understand, for example special words and phrases used by the lawyers; discuss these later. If someone is being questioned think whether you believe what they are saying and why; in a criminal case imagine you are a member of the jury. After the visit Write a short report of what you saw in the style of your local paper. Discuss what you saw and heard; find out if there are different views about who was telling the truth; what things impressed you generally; what didn t? Some things to think about and discuss: of deciding the truth? What other ways can you think of? Would it make a difference if juries knew about any past convictions of the defendant before deciding whether they were guilty or not? If you think this would be unfair, discuss why? Do you think the courts are fair to young people who are involved in court proceedings as victims, witnesses or as defendants? What could be done to help young people in court? Look at the press cuttings again? Do you think they give a fair view of the cases being reported? Think about what makes the reporting of cases difficult. How does your experience compare with courts you have seen on television or in the films? Do you think real trials should be televised? Would this be fair to the people involved? Running a mock trial This can be done before or after your court visit, or if you can t make a visit. Keeping order (the judge and the court clerk) Summing up the evidence impartially (the judge). (There are various mini versions of a mock trial which allow selected aspects of the legal procedures described in this guide to be explored). Feedback The judge and lawyers wear wigs and gowns. Is this important to you? What difference do you think it would make if they didn t? (See page 37). In a criminal case what did you think about having a jury? Is this a good way Students get experience of: Asking questions (the lawyers) Answering questions (the defendant and witnesses) Listening to the evidence of witnesses and deciding who is telling the truth (the jury in a criminal case and the judge in a civil case) The judges and the Citizenship Foundation would really like to have your comments on this guide and on your court visit. Please write or the Citizenship Foundation at the address on page 36. If there are things you would like to know about the court and legal system please tell us. 34 SOME THINGS TO THINK ABOUT Judges and Schools Judges and Schools SOME THINGS TO THINK ABOUT 35

20 Judges and Schools A Guide to Court Visits Contacts SOME CONTACTS AND SOURCES OF INFORMATION ABOUT THE COURT SYSTEM AND LAWYERS Lord Chancellor s Department website: The Department is responsible for the administration of justice in England and Wales. Court Service website: Tel: A guide to the Court Service in England & Wales. A virtual tour of the Crown Court at Ipswich for witnesses can be seen at A virtual tour of the Crown Court at Southwark (London) for jurors can be seen at or Magistrates in the Community Tel: A virtual tour of a Magistrates' Court can be seen at Galleries of Justice: A Nottingham based Museum of Law. This is multi media site exploring justice through the ages and into the future. Try the Learning Zone. The Law Society: The professional organisation for solicitors. They can provide details of solicitors who practise near you. The Bar Council: The professional organisation for barristers. Citizenship Foundation, Ferroners House, Shaftesbury Place, off Aldersgate Street, London EC2Y 8AA: info@citfou.org.uk Tel: An independent educational charity promoting education for effective citizenship. 36 CONTACTS Judges and Schools

21 A Message from the Lord Chief Justice of England and Wales COURT DRESS In the Crown and County Courts judges and barristers wear court dress. This includes wigs, gowns and white bands two strips of white linen which hang down at the collar. A judge wears a wig and a robe, which is a closed garment (done up with hooks and eyes ). A barrister wears a wig and a gown, which is an open garment. Solicitor advocates wear black gowns (although these are of a different style). Judges wear different coloured robes depending upon their rank, and whether they are trying criminal or civil cases. These illustrations are of judges robed for trying criminal cases. Wigs have a long history. For hundreds of years headgear of some kind has been worn in court. In early Tudor times it was a black flat bonnet or cap. Then came the square cap. Right up to the permanent abolition of capital punishment in 1969 judges wore a form of this black cap, on top of their wigs, when passing sentence of death. Wigs first became fashionable in the late seventeenth century, in the reign of Charles II. The fashion came from the French Court of Louis XIV the word wig being short for periwig, derived from the French word for a wig, perruque and soon spread throughout Royal Courts in Europe. Fashion conscious courtiers tried to outdo one another with the size of their wigs. Even to this day, a person who is of particular importance, or thinks he is, is called a bigwig. These days big (shoulder length) wigs are worn only on ceremonial occasions. By 1680 most judges and barristers wore wigs in court; they were simply following the fashion of the day. At first they were made of human hair. People in debt would sell their hair to the wigmaker, and there was a macabre trade in the hair of the dead. Eventually, wigs came to be made of horse hair. They are of different styles for judges and barristers (the wig on this page is a judge s wig and the one on page 35 is a barrister s wig). Wigs are still worn in court in many other countries well over twenty including some with the hottest climates in the world. Pictured: Lord Chief Justice s Court, Royal Courts of Justice Robe illustrations: with thanks to Ede & Ravenscroft, robe makers