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

Transcription

1 Bar Mock Trial Competition 2018/19 Student Role Guide

2 Student Role Guide: Introduction The s role is to help to administer the trial by performing a number of key functions. The forms part of the PROSECUTION team and should accompany the prosecuting barristers into the court. The s main duties Preparation Know when your role comes up in the Order of Procedure (page 45). Practice reading the Section 9 Statement, which is the third Prosecution Statement. Find out where the jury retiring room is for your court (this can be done on the day) During the trial Before the trial begins, complete the Team Identification Slips, three of which you will find on the s desk (one for each round). You will swear in the jury using the Jury Affirmation (below). Read the Section 9 Statement when instructed by the second Prosecution Barrister, making sure to tell the court the details of the witness (name, occupation etc). Take the jury to the retiring room to decide their verdict and then bring them back to court. After the trial It is very important that you get a completed and sealed score sheet from the judge at the end of the trial. Don t look at the score sheet. Take the sealed envelope to the Reception, which will be pointed out at the beginning of the day. Jury Affirmation I shall keep this jury in a private and convenient place. I shall suffer no one to speak to them nor shall I speak to them myself except with leave of the court, save to ask them whether they have agreed upon their verdict 2 Young Citizens 2018

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

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

5 Student Role Guide: Go and collect the judge from their chambers. Lead the judge into the courtroom. Say Court rise. Ask the defendant to stand. Ask the foreman of the jury to stand and announce their verdict. Jury Foreman We find the defendant guilty/not guilty. Judge Provide feedback on the performance of the students. Collect the score sheet in a sealed envelope from the judge and hand it in to the Young Citizens representative at the reception. Court Layout Where should I go? The should sit just in front of the Judge s bench. 5 Young Citizens 2018

6 Student Role Guide: In real life... We asked Gurjinder Minas, at Birmingham Crown Court, about his role What, in a nutshell, is your role within the justice system? As a Crown Court clerk my main responsibility is for the smooth, efficient running of an allocated court room and the cases listed within. This involves the preparation of cases listed, liaison with Judiciary, counsel and solicitors involved in the cases. What do you most enjoy about your role? Being your own boss so to speak. The day before, you are aware of the court you are in and you manage it as suits you best. Some clerks start early so prepare files in the morning, some start late so prepare the night before. No two days are usually ever the same, one day you could be involved in one case midtrial and another day with a list of 10+ cases at a more frantic pace. Interaction with all court users such as Judges, counsel, solicitors, agencies etc which is great considering the wide range and nature of offences we deal with at the Crown Court. What skills do you think make a good court clerk? Organisational skills preparing and knowing what is expected in your cases and what could happen always assists. Patience, multitasking, attention to detail, foresight and confidence also assist. Still unsure? If you have questions, you can ask your teacher to them over to us at BMT@youngcitizens.org and we will do our best to help. 6 Young Citizens 2018

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