Magistrates Court Mock Trial Competition STUDENT ROLE GUIDE: LEGAL ADVISER Sponsored by Organised in partnership with
Contents Role Guide: 2 ID slip 3 Order of procedure 4 Evaluation 6 1
Role Guide: Legal advisers have legal training and help magistrates understand the law. Tasks 1. At the start of the trial, inform the magistrates of the names of the lawyers acting for the prosecution and defence using the ID slips provided by the lawyers. Then pass the ID slips to the lead magistrate. Refer to the lawyers as Mr or Ms. 2. Identify the defendant, read the charge to him/her, and ask how s/he would like to plead. 3. Read the Section 9 statement to the court (see the case outline). 4. Summarise the relevant law for the magistrates at the end of the trial (see below). Section 9 Statement This statement contains the undisputed facts; therefore the witness does not need to attend the court for questioning. The prosecution lawyers will ask you to read out the statements after they have called the two prosecution witnesses. Summary of the Law After the closing speech by the defence, but before the magistrates retire to deliberate their verdict, using your own words: inform the magistrates about the law that is relevant to the case (see case outline) remind magistrates of the main points of the opening and closing speeches. Take notes during the trial and write your own summary based on the information provided in the case. Do not summarise the evidence given by witnesses, and do not simply read out the case notes without changing them remind the bench about the burden of proof (see case outline), and that it rests on the prosecution. In a real trial the legal adviser would not usually stand up at this point but would be available to answer queries from the magistrates while they are out deliberating. However, due to time constraints and to enable more people to learn about the law, you will make a speech before the whole court. 2
N.B These slips should be completed by lawyers before the day of the heat. The legal adviser will use this information to inform the bench who is representing each side in the case. Prosecution Identification Slip The prosecution lawyers should give their completed slip to the legal adviser (who is a member of the same team), before the trial begins. School: Date: Prosecution Lawyer 1: Prosecution Lawyer 2: Defence Identification Slip The defence lawyers should give their completed slip to the legal adviser (who will be a member of the prosecuting team) before the trial begins. School: Date: Defence Lawyer 1: Defence Lawyer 2: 3
Order of Procedure The Order of Procedure sets out the process of the trial step by step. Time allocations must be strictly adhered to. Role Event (Spoken lines in bold type) Timing BEGINNING OF TRIAL Court rise Leads magistrates into courtroom Magistrates Enter the court, bow and sit. Lawyers and court staff bow in return Sits. The prosecution is represented today by [names] and the defence by [names]. Gives the I.D slips to the Lead Magistrate asks the defendant to stand 2 minutes What is your name My name is Is your address? Is your date of birth? Are you represented by? You are charged with (insert charge from Case Outline here). Do you understand? How do you plead? Not guilty To the magistrates: The defendant has consented to a trial in a magistrates court. We are in a position to proceed with the trial today. May the defendant be seated? Lead Magistrate Gives the defendant permission to sit down CASE FOR THE PROSECUTION 1 st Prosecution Lawyer Makes the opening speech 4½minutes 1 st Prosecution Lawyer Calls the 1 st prosecution witness Leads the witness to the witness box. Asks them to repeat this affirmation: I do solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth, the whole truth and nothing but the truth 1 st Prosecution Witness Repeats affirmation 4
1 st Prosecution Lawyer Examination in chief of 1 st prosecution witness 4½ minutes 1 st Defence Lawyer Cross examination of 1 st prosecution witness 4½minutes Leads 1 st prosecution witness back to his/her seat 2 nd Prosecution Lawyer Calls 2 nd prosecution witness Leads 2 nd prosecution witness to the witness box. Asks them to repeat this affirmation: I do solemnly (as above) 2 nd Prosecution Witness Repeats affirmation 2 nd Prosecution Lawyer Examination in chief of 2 nd prosecution witness 4½ minutes 2 nd Defence Lawyer Cross examination of 2 nd prosecution witness 4½ minutes Leads 2 nd prosecution witness back to his/her seat 1 st Prosecution Lawyer Asks legal adviser to read Section 9 statement Reads Section 9 statement 2 minutes 2 nd Prosecution Lawyer That is the case for the prosecution CASE FOR THE DEFENCE 1 st Defence Lawyer Calls the defendant Leads defendant to the witness box. Asks them to repeat this affirmation: I do solemnly (as above) Repeats affirmation 1 st Defence Lawyer Examination in chief of defendant 4½ minutes 1 st Prosecution Lawyer Cross examination of defendant 4½ minutes Leads defendant back to his/her seat 2 nd Defence Lawyer Calls 2 nd defence witness Leads 2 nd defence witness to the witness box. Asks them to repeat this affirmation: I do solemnly (as above) 2 nd Defence Witness Repeats affirmation 2 nd Defence Lawyer Examination in chief of 2 nd defence witness 4½ minutes 2 nd Prosecution Lawyer Cross examination of 2 nd defence witness 4½ minutes Leads 2 nd defence witness back to his/her seat 1 st Defence Lawyer Makes closing speech. That is the case for the defence 4 minutes CONCLUSION OF THE TRIAL Summary of the law for the magistrates 3 minutes Court rise Magistrates Retire to consider their verdict 12 minutes Court rise Leads magistrates into courtroom Magistrates Enter the court. Bow to the court before sitting. Lawyers and court staff bow in return Sits Lead Magistrate Tells the court the verdict and possible sentences that might be given 2 minutes 5
Evaluation We have provided two questionnaires for students to fill in, both before and after you participate in the heats so that we can evaluate this year's competition. These are called Pre-participation (to be filled in before the heat) and Post-participation evaluations (to be filled in after your last heat so if you proceed to the regional or national final, please fill in this one after that). They can be found online at: Pre-participation Evaluation: http://www.surveymonkey.com/s/mcmt-studentpre-201112 Post-participation Evaluation: http://www.surveymonkey.com/s/mcmt-studentpost-201112 It is really important for us to hear your opinions about the competition so that we can make improvements for future years. Every student that completes both surveys will be entered into a draw to receive a 20 voucher. The survey data will be used anonymously, but we do ask that you please enter your name and your school s name at the end so that we can enter you into the draw and contact your teacher to send you the prize if you are selected. Finally, we hope you enjoy participating in the Magistrates Court Mock Trial Competition! Good luck! 6