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Bar Mock Trial Competition 2019/20Student Role Guide: Usher

1 © Young Citizens 2019

Bar Mock Trial CompetitionStudent Role Guide: Usher/Macer

IntroductionThe Usher’s role is to help to administer the trial by performing a number of key functions. The Usher forms part of the DEFENCE team and should accompany defending barristers and witnesses into the court. The Usher is known as the Macer in Scotland.

The Usher’s main duties

Preparation

• Familiarise yourself with the Order of Procedure (pages 3-5) to enable you to help keep the

trial on track.

• Familiarise yourself with the Court Layout diagram on (page 2) so that you can direct students

to their correct place at the beginning of the trial.

• Learn and practice the Affirmation, which you will use to swear in witnesses.

Collecting the Judge

• When everyone is ready, it will be your job to collect the Judge from the Judge’s Retiring

Room.

• The room will be labelled, but may not be directly behind the courtroom. If you are unsure, ask

a member of court staff or Young Citizens staff, who can direct you.

• When you have located the Judge’s room, politely knock on the door to ensure they are ready

and if so, lead them back to the courtroom.

• When you enter the courtroom, say “Court Rise” to make sure everyone is standing when the

Judge enters. Only when the Judge sits should the others in the court also sit.

• When each witness is called, collect them from where they are sitting and escort them

to the Witness Box.

• Ask them repeat back the Affirmation to you. You may then resume your seat.

• Once the witness has finished giving testimony, escort them back to their seat.

Swearing in the witnesses

Other responsibilities• The Usher is responsible for keeping order in the court. If anyone disturbs the trial, for

example by talking or if their mobile phone rings, politely ask them to be quiet.

• If they continue to disturb the trial, you can ask them to leave the courtroom.


Bar Mock Trial CompetitionOrder of Procedure

Role Task TimingCourt Clerk Complete Team Identification Slip (which will be on the

Clerk’s Desk) and put it visibly on the judges’ desk.-

Usher 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. -

Court Clerk Ask the defendant to stand. Identify them by asking ‘What is your name?’

-

Defendent Say your name. -

Court Clerk ‘You are charged with _________________’ (insert name of offence from indictment) ‘in that you __________________’ (insert particulars of offence). ‘Do you understand?’

-

Defendant ‘Yes’. -

Court Clerk ‘Do you plead guilty or not guilty?’ -

Defendant ‘Not guilty’

Court Clerk Ask the defendant to sit down. Ask the jury to stand and repeat the following after you:

‘I will faithfully try the defendant and give a true verdict ac-cording to the evidence’.

Then ask the jury to sit down.

-

Prosecution Barrister 1 ‘May it please you, Your Honour, I appear for the prosecu-tion 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

Order of Procedure



Role Task TimingProsecution 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).

-

Usher Lead the witness to the stand and ask them to repeat the Affirmation.

-

Prosecution Barrister 1 Examination -n-chief of the first prosecution witness.

‘No further questions, Your Honour, but I’m sure my learned friend will have questions for the witness’.

4.5

Defence Barrister 1 Cross-examination of the first prosecution witness. 4.5

Usher 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).

-

Usher Lead the second prosecution witness to the stand and ask them to repeat the following affirmation after you:

‘I promise to tell the truth, the whole truth and nothing but the truth’.

-

Prosecution Barrister 2 Examination-in-chief of the second prosecution witness.


4.5

Defence Barrister 2 Cross-examination of the second prosecution witness. 4.5Usher Lead the witness back to their seat. -

Prosecution Barrister 2 Ask the Court Clerk to stand and read the Section 9 Statement.

-

Court Clerk Read the Section 9 Statement. -

Prosecution Barrister 2 ‘That is the case for the prosecution’ . -Defence Barrister 1 Make the Opening Speech. 3Defence Barrister 1 If it pleases you, Your Honour, I would like to call the defen-

dant, ____________ (insert name of defendant).-

Usher Lead the defendant to the stand and ask them to repeat the Affirmation.

-

Defence Barrister 1 Examination-in-chief of the defendant.


4.5

Prosecution Barrister 1 Cross-examination of the defendant. 4.5



Role Task TimingUsher Lead the defendant back to the dock. -

Defence Barrister 2 If it pleases you, Your Honour, I would like to call the sec-ond witness for the defence, ____________ (insert name of defendant).

-

Usher 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. 4.5

Prosecution Barrister 2 Cross-examination of second witness. 4.5

Usher 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. -

Court Clerk ‘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’

-

Court Clerk Lead the jury to their retiring room. Give them five minutes to make a decision.

5

Usher After the jury and court clerk have left, say: ‘Court Rise’ and lead the Judge out of the courtroom to their chambers.

-

Usher Go and collect the Judge from their chambers after the jury has reached their verdict. Lead the Judge into the courtroom. Say ‘Court rise’.

-

Court Clerk Ask the defendant to stand. Ask the foreperson of the jury to stand and announce their verdict.

-

Jury Foreperson ‘We find the defendant guilty/not guilty’. -

Judge Provide feedback on the performance of the students. -

Court Clerk Collect the score sheet in a sealed envelope from the Judge and hand it in to the Young Citizens representative at the reception.

-



We asked Beverley Harrison, the Team Leader of Ushers and Admin at Manchester Crown Court, to talk a little about her role.

What, in a nutshell, is your role within the justice system?

My role in the justice system consists of me organising the ushers here at Minshull Street. We have a large team of 16 ushers and we are a 10 court building. I have to ensure all courts are prepared and order is kept in public areas.

I also ensure the ushers direct the taking of oaths and make sure that witnesses, defendants and lawyers are present. I also deal with accommodation matters from reporting a broken light bulb to dealing with a flood which put several rooms out of action (which we had a couple of weeks ago).

What do you most enjoy about your role?

I am a people person so I love that I get to meet lots of different people.

What skills do you think make a good usher?

Skills that you need to be a good usher are patience, the ability to listen and you need to be on the ball!

In real life...

Witness Affirmation“I promise to tell the truth, the whole truth and nothing but the truth”.



Court Layout

Where should I go?

The Usher should sit near the witness box while the trial is taking place.

When the witnesses are called, the Usher goes to collect them from where they are sitting behind the barristers.

Still unsure?

If you have questions, you can ask your teacher to email them over to us at [email protected] and we will do our best to help.

37 Heneage Street, London, E1 5LJ. T. 020.7566.4141

www.youngcitizens.org/mocktrialsCharityReg.No.801360

Contact details for the Bar Mock Trials team:

020.7566.4154 or 020.7566.4155

[email protected]

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