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Schools GuideEngland, Wales and Northern Ireland

Bar Mock TrialCompetition2017/18

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Bar Mock Trial Competition Schools Guide

© Citizenship Foundation 2017 • Charity Reg. No. 801360

Curriculum Links and Introduction 1

Competition Format, Rules and Key Information 2

School’s Timetable 3

Preparation for the Competition 6

Overview of Student Roles 7

Competition Administration 10

Typical Programme of the Day 11

Additional Information 12

Order of Procedure 15

Competition Rules and Scoring 17

Example Judging Sheet 20

Court Layout 21

Glossary 22

Contents

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Age Range: 15 - 18

Curriculum References: Citizenship Main Aims: Develop a sound knowledge and

understanding of the role of law and the justice system in our society and how laws are shaped and enforced

Citizenship Key Stage 4: The legal system in the UK, different sources

of law and how the law helps society deal with complex problems.

Cross Curricular Links:

SMSC: Recognise legal boundaries and, in sodoing, respect the civil and criminal law inEngland. Accept and engage with thefundamental British values of democracy, therule of law, individual liberties and mutualrespect.

Language and Literacy: This lesson supportsaims relating to spoken language, reading andwriting and vocabulary development.

English: Speak confidently and effectivelyincluding through using standard Englishconfidently in a range of formal and informalcontexts, including class discussion.

Other Resources Case 1:

Case 2:

Role Guide: Barrister

Role Guide: Court Clerk

Role Guide: Juror

Role Guide: Usher

Role Guide: Witness

IntroductionThe Citizenship Foundation’s Bar Mock Trial Competition is a practical and challenging way to educateyoung people about their legal rights and responsibilities, the criminal justice system, and the legalprocess and profession generally, while at the same time improving their public speaking, analytical andteam-working skills. The competition involves teams of young people aged 15-18 from non fee-payingschools across England, Wales, Scotland and Northern Ireland presenting opposing sides of speciallywritten criminal cases in real Crown Court buildings. The students take on the role of barristers, witnesses,court staff and jurors, and their performances are judged by real judges and senior barristers.

The competition is entering its 27th cycle with over 250 schools from across England, Wales, Scotlandand Northern Ireland having applied this year.

What the competition doesAs well as helping to deliver key aspects of the Citizenship curriculum for key stage 4, the Bar Mock TrialCompetition has three primary aims:

Public legal education – The Competition furnishes young people with the knowledge, skills andconfidence they need to recognise and address the legal problems they may encounter.

Introduction to the legal profession – The legal profession can seem alien and obscure to many youngpeople. The competition helps to correct this by giving the young people competing direct contactwith those involved in the administration of justice and by giving them realistic insight into how courtswork, and how cases are prepared, presented and decided.

Enrichment – The Competition helps the young people involved to develop the skills and behaviours,such as communication skills and resilience, which will enable them to function and succeed in allaspects of their lives.

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Competition Format, Rules and Key Information How the competition works

The competition has two stages: regional heats, which take place at Crown Court buildings across theUK (November) and a national final (March/April). Schools will be assigned to one regional heat wherethey will present opposing sides of specially written criminal cases in a live format against other schoolsover three rounds. The two highest scoring schools then proceed to the fourth round to determine theregional winner that will progress to the national final.

Schools must present the prosecution and defence for case one and the prosecution or defence forcase two. This will be determined by a draw that will be available at your regional heat (see examplebelow). Schools should prepare the prosecution and defence of both cases because the draw is subjectto change, and they will be expected to present the other side of case two if they proceed to the fourthround (where both schools that reach the final round have presented the same side, this will bedecided by a coin toss).

Example of a draw for the day:

Round 1 (R v Phillips)

Court Round 2 (R v Smith)

Court Round 3(R v Phillips)

Court

School AV

School DA School C

VSchool E

C School B V

School FG

The winner of the regional heat will go forward to compete in the national final in March/April 2017where they will compete against the other regional heat winners to determine the national winner.

The Project Coordinator liaises with the schools, courts, regional coordinators, barristers and judges toensure that the competition runs smoothly. The regional coordinators are practising barristers andjudges who are assigned to a heat and organise the volunteers.

Age of students

Students must be in Years 10-13 in England and Wales and in Years 11-14 in Northern Ireland at thetime of taking part in the regional heats in November.

Independent learning

Students are expected to work independently and those who do will derive more benefit from thecompetition. Teachers should only be there to give tips and advice and should not prepare anything forthe students (such as speeches). Students will be scored according to the mark scheme. Judges will befully briefed before the start of the competition on the cases and the mark scheme.

Students will be marked down for the following:

Introducing new evidence: Students must not introduce new evidence (i.e. any information that isnot contained in the witness statements). It is not fair to expect either a student playing a witness ora student playing a barrister to ask or be asked about things outside the scope of the witnessstatement. Students who introduce new evidence will be penalised.

Reading from a script: Students should not read excessively from notes or speak from memorisedscripts. It is much easier to perform well if the students can act spontaneously and judges will givemore marks for this. Reading rigidly from notes or speaking from a memorised script means

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performances are not true to life. Students are allowed to use notes with short bullet points/ notes.

Going over the time limits: Students must keep within the time limits set. The judge is aware of thetime limits and if students go over, they will be penalised.

The judge’s decision on the day of the heat is always final. Unlike in real life, there is no appeal systemafter decisions have been made. It is not possible to change the scores after the event.

School’s Timetable

Provide schools withaccess to resources.Send schools link to

pre-participation surveys.

Confirm receipt of resources with theCitizenship Foundation.

Recruit a team including reserves.

Distribute materials to students so thatthey can read them over the summer.

Send details of barrister

volunteer to schools

(where available).

Finalise team members, including courtreporter and court artist if applicable.

If you are unable to take part, inform theProject Coordinator by e-mailing

[email protected] 15th September

2017 in order to receive a refund.

Decide a regular meeting day, time andplace.

Ensure all team members fullyunderstand both cases

Contact barrister mentor to arrange a visit(where available)

Send out regional heat

information, including

directions to court and

parking facilities.

Continue preparations.

Month CitizenshipFoundation

Schools Check

July

September

October

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Reallocate barristervolunteers who have notbeen contacted by the

schools they were originallyallocated to by

6th October 2017.

Return team list and photograph

permission form to the Project

Coordinator by 13th October 2017.

Send schools team lists andphoto permission forms to

complete.

Make travel arrangements for regionalheat.

Send out arrival times to

schools

Continue preparations.

Attend regional heat - arrive at the courtat time indicated.

Send out post-participation evaluation

link to teachers.

Complete evaluation form.

Begin national final preparations (finalist schools only).

Send finalist schools

national final case. Continue preparations.

Send schools national final

information, including

directions to court, parking

facilities, travel and

accommodation

information.

Send permission letters to parents for

national final.

Make travel and accommodation

arrangements for national final.


Schools Check

October

November

January

December

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Send schools national finalteam lists and photopermission forms to

complete.

Continue national final preparations.

Send schools any additional details forthe national final.

Return national final team list, dietary

requirements and photograph

permission form to the Project

Coordinator by 16th February 2017.

Continue preparation.

Attend national final - arrive at the courtat the time specified by the Project

Coordinator.


Schools Check

February

AprilMarch/

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Preparation for the competitionThe first thing to do in preparing for the competition is to form a team. Ensure students understandwhat is required for their role (detailed information will be in the individual student guides that followbut an overview can be found on pages 7-9). Students should also be aware that they will need to beavailable to compete on a Saturday in November.

How to put a team together

Generate publicity for the competition in your school. This can be achieved by putting posters uparound the school (make your own or ask the Project Coordinator), placing a notice in the schoolnewsletter/bulletin, in assembly, etc. Some teachers have suggested asking the previous year’s mocktrials teams to do a mock trial demonstration in assembly.

If you have more applicants than places in the team, you could hold auditions for students for eachrole. Certain students may be more suitable for specific roles. Please see below under the heading‘Student suitability’ for more details.

Encourage students to participate to strengthen their skills for future employment, further/highereducation and as an extra-curricular activity for UCAS applications.

Your team should include a maximum of 15 students (plus 2 reserves), though there are 8 speakingroles so you may want to double-up in some areas.

Prosecution barrister 2 ProsecutingGive opening/closing speeches;

Question witnesses;

Try to get the correct verdict.

Defence barrister 2 DefendingGive opening/closing speeches;

Question witnesses;Try to get a not guilty verdict.

Prosecution witness 2 Prosecuting Give evidence in court.

Defence witness(including defendant)

2 Defending Give evidence in court.

Court clerk 1 Prosecuting

Read the indictment;Read the section 9 statement(s);

Swears in the jury and escortthem to the jury room.

Usher 1 DefendingMake sure the case runs

smoothly;Swear in witnesses.

Role Number required Side required for What they do

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Juror 5 Prosecuting andDefending

Decide the verdictbased on the evidence

they have heard incourt.

Student suitability

Some roles in the competition are more challenging than others. However, the competition is inclusivefor students of all abilities. The role of a barrister, for example, would suit students who are confidentpublic speakers, who possess the ability to think on their feet and are logical thinkers. This challengingrole would particularly meet the needs of gifted and talented students.

Equally, students that are not as confident at public speaking, and would prefer a less demanding role,may be better suited to a role as a court clerk or usher. These roles involve less public speaking.

However, the competition can also be used to develop skills so encouraging some quieter students totake on the barrister role will help them articulate themselves and be heard. If you choose this route itwill require more time to help students feel comfortable and confident with the content.

Overview of RolesOnce you have formed your team go through both cases to ensure you understand the factsof the case, the issues in dispute and the law relating to each case.

Court Clerk

The court clerk is taken from the team playing the prosecution. Your role is to help with theadministration of the court. For the purposes of the competition, the court clerk has been given someadditional responsibilities to help balance their part with that of the usher.

Before the trial

Practice reading your parts in the order of procedure and the Section 9 statement;

Complete the ‘Team Identification Slip’ and place it on the judge’s bench;

Find out where the jury retiring room will be.

During the trial

Identify the defendant and read out the indictment;

Swear in the jury;

Read out the Section 9 statement when the prosecution request it, make sure you tell the courtthe details of the witness (name, occupation etc.) and don’t just read the statement itself;

Take the jury to their retiring room to decide their verdict and then bring them back into court.

After the trial

Get the score sheet from the judge, which should be in a sealed envelope. If it is not, give it back to the judge and ask them to put it in one;

Take the sealed score sheet to the Citizenship Foundation representative.

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Usher

The usher is taken from the team playing the defence. Your role is to help with the administration of thecourt. For the purposes of the competition, the usher’s role has been slightly altered to balance their part withthat of the court clerk.

Before the trial

Learn the order of procedure and the affirmation;

Make sure you know where all of the witnesses and accused are sat and where the witness box is;

Once everyone is ready, go and collect the judge.

During the trial

Escort the witnesses and accused to the witness box and announce them to the court;

If anyone disturbs the trial, for example if they are talking, their mobile phone rings or they are taking pictures, politely ask them to leave.

Barrister

In any trial, two students from your team will have to play the role of prosecution or defence barristers. Thework must be shared equally, each barrister should deliver:

A speech (opening or closing);

An examination in chief of a friendly witness

A cross examination of an opposition witness.

Role of Prosecution

The Prosecution represents the Crown and presents the case on their behalf. It is their job to ensure that thecorrect verdict is reached, not just a guilty one.

Burden of Proof

It is for the prosecution to prove the defendant’s guilt to the jury. The defendant does not have to provehis/her innocence.

Beyond Reasonable Doubt

This is the standard of proof required by the prosecution and it is a very high one. This means that no otherlogical explanation can be derived from the facts except that the defendant committed the crime. Theprosecution must prove to the jury the defendant’s guilt so that they cannot reach any verdict other thanguilty. If they are not completely sure, the jury must acquit the defendant.

Role of Defence

The Defence represents the defendant and must stick to their version of events. Their job is to undermine theprosecution’s case and create reasonable doubt in the minds of the jury as to the defendant’s guilt.

Rules for the competition

The advocates must share the work equally between them;

No objections can be made;

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There are no re-examinations of witnesses;

Never give your opinion;

Do not read from scripts or speak from a memorised script;

Stick within the time limits;

Do not introduce new evidence.

Juror

The jury is made up of five students from a different school who do not watch their own school perform, exceptwhere this is unavoidable. Your role is to decide the verdict of the case based on the evidence you have heard incourt on the day. Although your role is not scored, it is a vital part of the competition and should be taken seriously.Unless you are playing other roles, it is not a good idea for you to sit in rehearsals. This way, the cases are fresh to youon the day. It would be a good idea to complete practice jury exercises, so that you have had a go at deciding averdict. In reality, the jury consists of twelve people from the local area.

During the trial

Stand up and repeat the affirmation when asked by the court clerk;

Listen to the case and take notes (you can use the verdict worksheet if you wish);

Go to the retiring room after the judge’s summing up (the court clerk will take you);

Select a foreperson, who will give the verdict to the court;

Decide your verdict. Preferably you should all agree but if that is not possible a majority will suffice. You only have five minutes to do this.

Witness

Each team has two witnesses in each case. The jury base their verdict on the evidence you give, so it is important thatyou know your version of events fully.

Before the trial

Learn the content of your statement;

Practice being questioned by the barristers. Be careful not to over-rehearse your examination-in-chief with them, so that it does not become a memorised script.

During the trial

In a real trial, witnesses sit outside of the courtroom. For the purposes of the competition, you should sit inside the court for the whole trial;

You will be called to the stand by the barrister;

The usher will lead you to the witness box and announce you;

Your team’s barrister will ask you questions (examination-in-chief);

One of the opposing team’s advocates will ask you questions (cross-examination);

The usher will take you back to your seat.

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Competition AdministrationBefore the day of the competition

All schools will be provided with the draw and jury rota at their heat. It is imperative that your students practice both sides of both cases, as the draw can change on the day at short notice following late withdrawals and other circumstances beyond our control.

Team lists and photo permission forms will be sent out before the heat, you must ensure that these are returned by the deadline. Failure to do so may result in your team being unable to compete, as these lists are requested by security at the court.

The courts are closed to the public on the day of the competition and space in the courts is limited. However, we are aware that some parents and supporters may wish to attend. We must be provided with the names of supporters with the team list forms to ensure the court does not become overcrowded and so that we can provide court security with their details.

We are always looking at ways to improve the competition to ensure the participants get the most they can out of it. To this end, the Project Coordinator will send a link via email to pre-participation questionnaires for you and your students to complete before the heats. It would be greatly appreciated if you could ensure these questionaires are completed. A post-participation questionnaire will be sent after the heats and again we would appreciate your assistance with this.

On the day of the competition

Schools should arrive at court at the time allocated by the Project Coordinator. At larger heats the times are staggered to allow time for the schools to go through security checks.

Please remind your students that the court is allowing us to use their building for the purposes of the competition and that it is a working building. Therefore all rubbish must be cleared before the schools leave and the court must be left ready to resume normal business on the following Monday.

Teachers should be aware that there is no need to bring any forms that are referred to or given as examples in this guide. All forms that will be required will be provided on the day. For example, the court clerks team identification forms will already be in the court rooms on the clerk’s desk.

Once the teams are in the court room ready to start, the usher will collect the judge from their chambers and bring them into the court room. The trial will then begin.

Schools will be issued with a programme on the day, which includes the timings, draw and jury rota.

Please be aware that you will be unable to obtain copies of your score sheets on the day. Email the Project Coordinator after the heat if you would like copies of these.

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Typical Programme of the Day

9.15 Schools and guests to have arrived at court

9.35 Welcome speeches and housekeeping matters

9.45 Round 1: All schools present Case 1

10.55 Break


12.25 Lunch (not provided for schools at most heats unless otherwise advised)


14.25 Break and scoring

Finalist schools announced

14.45 Final: Two finalist schools present Case 2

16.00 Announcement of national finalist and prize giving

16.15 Day ends

Additional InformationBarrister mentors

Receiving a visit from a barrister can be a valuable exercise and a good way of introducing the work ofbarristers to your team. In England, Wales and Northern Ireland the lawyers who represent clients incourt are generally barristers. In Scotland they are known as advocates.

A barrister mentor assisting your team is there to advise you on the law and court procedure, not tocoach the team or prepare speeches. They can help with any procedural questions you may have andadvise you on language and court etiquette.

Only schools that have requested barrister assistance on their application form will be allocated amentor (subject to one being available). If you decide that you no longer need assistance please informthe Project Coordinator as soon as possible. If you are assigned a barrister please get in touch withhim/her straight away, this will allow plenty of time for the barrister to schedule in a visit around theircourt commitments.

Your mentor is committed to one visit. Beyond this, any additional visits are by specific arrangementbetween you and the barrister. Please bear in mind that your barrister may only be able to visit you after

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court (after 4.30pm). It is therefore important to try to organise your visit as soon as possible. If yourschool is not allocated a mentor, the Project Coordinator will be able to offer you help and advice.

Your barrister is welcome to attend the regional heat. Please advise us on your team list forms if theyare attending.

Reserve Schools

We understand that reserve schools are in a difficult position of having to put in all the hard worknecessary to prepare for the competition, with no guarantee of competing on the day. We cannot tellwhen or where schools will drop out, but they do every year so your team may well get the opportunityto step in and save the day.

Reserve schools may wish to run their own school-wide mock trial competitions or be put in touch withother reserve schools in their area.

We appreciate that preparing for the Bar Mock Trial Competition takes a lot of time. However, we doencourage reserve schools to prepare as much as possible so that in the event that a school does dropout in the final stages the reserve school is not left feeling unprepared.

If we are unable to place you, or you withdraw from the wait list by 16th September 2016, you willreceive a refund (minus £5 administration fee). If we offer you a place at your wait list heat and youdecline the place (provided it is within the 3 week window of the heats) you will lose your entry fee.

Organising a court visit

Visiting a local court is an excellent way for students and teachers to gain an insight into the layout of acourt building and the workings of a trial. This will help participants to feel more relaxed on the day ofthe heat. Feedback from previous participants shows that many schools found a Crown Court visit veryuseful and interesting. Many courts will be more than happy to show you around and give your studentsplaying the court clerk and usher some pointers. For information about courts near you please visit

https://courttribunalfinder.service.gov.uk/ (England and Wales) or https://www.courtsni.gov.uk(Northern Ireland).

Withdrawing

If you are no longer able to participate in the competition, please inform the Project Coordinator assoon as possible.

Withdrawing from the heats has serious implications for the other schools in your heat. Placed schoolsthat withdraw before 16th September 2016 will get their fee back (minus £5 administration fee). Teamsthat withdraw after this deadline, for whatever reason, will not receive a refund of their entry fee. Formore information please refer to the terms and conditions of entry.

New Schools

We recognise that for schools new to the competition, getting to grips with the cases and procedure canbe a daunting task. Don’t worry – help is available! The mock trials team is always on hand to answerany questions or queries you might have. There are also resources and lesson plans to help youthrough every aspect of the competition, just email us at [email protected]

Court Reporter and Court Artist Competitions

Alongside the main competition, there are additional Court Reporter and Court Artist competitions.

Further details about these will be sent to you in September.

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Order of Procedure Please note that whenever you are required to speak you should stand up.

Role EventTimings(minutes)

Court Clerk Fill in the team identification slip and put it on the judge’sbench.

N/A

Usher Go and collect the judge from his/her chambers. Lead thejudge into the courtroom and as you enter say ‘Court rise’.

N/A

All Stand up N/A

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

N/A

Defendant _________(say name here) N/A

Court Clerk ‘You are charged with _________________’ (insert name ofoffence from indictment) ‘in that you __________________’

(insert particulars of offence).‘Do you understand?’

N/A

Defendant ‘Yes’ N/A

Court Clerk ‘Do you plead guilty or not guilty?’ N/A

Defendant ‘Not guilty’ N/A

Court Clerk

Ask the defendant to sit down. Ask the jury to stand andrepeat the following

after you: ‘I will faithfully try the defendant and give a trueverdict according to the evidence’. Then ask the jury to sit

down.

N/A

ProsecutionBarrister 1

‘May it please you, Your Honour, I appear for the prosecutionwith my learned friend Mr/Miss _____________’ (insert

name of other prosecution barrister).

‘My name is _____________’ (insert your name). ‘Mylearned friends Mr/Miss _____________ and Mr/Miss

_____________ represent the defendant’ (insert names ofdefence barristers).

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Make the opening speech. 3

‘If it pleases you, Your Honour, I would like to call the firstprosecution witness, _____________’ (insert name of first

prosecution witness).

N/A

Usherlead the first prosecution witness to the stand and ask themto repeat the following affirmation after you: ‘I promise to tell

the truth, the whole truth and nothing but the truth’

N/A


Examination-in-chief of first prosecution witness. 4.5

DefenceBarrister 1

Cross-examination of first prosecution witness. 4.5

Usher Lead the witness back to his/her seat. N/A


‘If it pleases you, Your Honour, I would like to call the secondprosecution witness, _____________’ (insert name of

second prosecution witness).

N/A

UsherLead the second prosecution witness to the stand and ask

them to repeat the following affirmation after you: ‘I promiseto tell the truth, the whole truth and nothing but the truth’.

N/A


Examination-in-chief of second prosecution witness. 4.5

Defence Barrister 2

Cross-examination of second prosecution witness. 4.5



Ask the court clerk to read the Section 9 statement(s). N/A

Court Clerk Read the Section 9 statement(s) N/A


‘That is the case for the prosecution’. N/A

DefenceBarrister 1

Make the opening speech. 3

‘If it pleases you, Your Honour, I would like to call thedefendant, _____________’ (insert name of defendant).

N/A

UsherLead the defendant to the stand and ask them to repeat thefollowing affirmation after you: ‘I promise to tell the truth, thewhole truth and nothing but the truth’.

N/A

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DefenceBarrister 1

Examination-in-chief of defendant. 4.5


Cross-examination of defendant. 4.5

Usher Lead the defendant back to the dock. N/A

DefenceBarrister 2

‘If it pleases you, Your Honour, I would like to call the seconddefence

witness, _____________’ (insert name of second defencewitness).

N/A

UsherLead the second defence witness to the stand and ask themto repeat the following affirmation after you: ‘I promise to tell

the truth, the whole truth and nothing but the truth’.

N/A

DefenceBarrister 2

Examination-in-chief of second defence witness 4.5


Cross-examination of second defence witness

4.5


DefenceBarrister 2

‘That is the case for the defence’. N/A


Make closing speech. 5

DefenceBarrister 2

Make closing speech. 5

Judge Summing up 4

Court Clerk

‘I shall keep this jury in a private and convenient place. I shallsuffer no one to speak to them nor shall I speak to themmyself except with leave of the court, save to ask them

whether they have agreed upon their verdict’

N/A

Lead the jury to their retiring room. Wait outside and givethem a maximum of five minutes to make their decision.

5

UsherAfter the jury and court clerk have left, say: ‘Court rise’ andlead the judge out of the courtroom to his/her chambers.

N/A

Court ClerkOnce the jury have reached their verdict, lead them back

into the courtroom.N/A

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Usher Go and collect the judge from his/her chambers. Lead thejudge back into the courtroom and as you enter say ‘Court

rise’.

N/A

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

N/A

Jury Foreman ‘We find the defendant guilty/not guilty’. N/A

Judge Comment on the performance of barristers, witnesses andcourt staff.

Put score sheet in an envelope.

N/A

Court Clerk Collect the score sheet in a sealed envelope from the judgeand hand it in to the Citizenship Foundation representative

N/A

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Competition Rules and ScoringThe assessment criteria are different for each role. This sheet tells you the things that everyone getsmarked on and what the scores mean.

Everyone in the trial is given a mark out of 10 except the barristers.

Barristers get a mark out of 10 for each part they perform (i.e. speeches, questioning)

The whole team will be given a score out of 10 for overall performance. The assessment criteria are: How well you work together as a team. Your understanding of the trial and how well it goes.

Each student is marked between 1 and 10. The table below shows what the judges will use whendeciding what marks to award.

10 Outstanding No improvements could be made. They have consistently exceeded the requirements of the role.

9 Excellent They have exceeded the requirements of the role in a number of areas.

8 Very good They have fulfilled all the requirements of the role.

7 Good They have fulfilled the key requirements of the role.

6 Fairly good They have fulfilled many of the key requirements of the role.

5 Average General understanding of the role and key requirements.

4 Below average Basic knowledge shown and effort made. However, room for improvement in some areas.

3 Poor Basic knowledge shown and some effort made. However, definite need for improvement in many areas.

2 Very poor Little knowledge shown and some effort made. Need to improve most aspects of their role.

1 Total lack of knowledge No effort made. Need to improve every aspect of their role.

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Opening speecha Clear and concise description of the case

b Confident presentation showing evidence of thorough learning of the facts

Examination-in-chiefa Elicitation of the facts by short and simple questions

b No leading questions asked

c Clear and concise questioning (clarity of speech)

d Questions take account of answers received (spontaneity)

Cross-examinationa Use of evidence raised in examination-in-chief

b Elicitation of the facts by short and simple questions

c Clear and concise questioning (clarity of speech)

d Exposure of contradictions and weaknesses of the other side

e Questions take account of answers received (spontaneity)

f Willingness to use witnesses’ comments and not rely on prepared notes

Witnesses

a Confident presentation showing evidence of thorough learning of the parts, events and witness statement

b Spontaneous responses

c Convincing testimony

d Believable characteristics

Closing speech

a Accurate summing up of the case (with mention of the burden of proof).

b Weaknesses in the evidence highlighted

c Confident presentation (without reading from a script)

Ushera All witnesses sworn in correctly (Holy Books not used in the Competition)

b Witnesses accompanied to and from witness stand

c Court asked to rise at appropriate times

d Deals with any disruptions

Court Clerk

a Team identification slip filled in correctly and correct reading of indictment

b Correctly identifies defendant/accused

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c Accurate reading of the Section 9 statements

d Accurate swearing in of jury

Overall performance

a Work well together as a team

b Overall impression is that they understand what they are doing and that the trial flows well

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Example of Judging Sheet

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Court LayoutNotes

The diagram below gives an indication of how a court could be laid out. The layout of differentcourtrooms may vary.

Witnesses

In real trials the witnesses would usually sit outside the courtroom while waiting to give evidence. Forthe purpose of the competition they will sit in the courtroom.

The Jury

In England, Wales and Northern Ireland the jury will have 10 members. In Scotland the jury will have12 members. The numbers in real life are 12 and 15 respectively.

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Glossary ADMINISTRATIVE LAWS - Laws which set out what public bodies can do and what their responsibilities are.

AFFIRMATION – A testimony instructed by the usherto be spoken by a witness before they given evidence.

CASE LAW – Laws decided by a decision of judges inthe courtroom. It forms a ‘precedent’ which similarcases must follow.

CIVIL LAWS – Laws which govern the privaterelationships between people. If they are broken, aremedy usually in the form of financial compensationis sought.

CLERK – A court official who performs an essentialrole in seeing that everything runs smoothly. They readout the charge of the defendant and any statementsdirected by the judge.

CLOSING SPEECH – The prosecution and defencesummarise the evidence they have presented andcomment on the weaknesses in the other side’s case.This is their last opportunity to persuade the jury oftheir case.

CPS – Crown Prosecution Service is a public body ofthe State who prosecutes against people who areaccused of a crime if there is enough evidence.

CRIMINAL LAWS – Laws which protect people andsay how we must (or must not) behave. If they arebroken, that person can be prosecuted, tried in courtand punished by the State.

CROSS EXAMINATION – The lawyers on one side tryto highlight the weaknesses/inconsistencies in theother side’s statements.

CROWN COURT – More serious offences which arenot suitable for the magistrate court are sent to thecrown court to be heard by a judge and jury.

DEFENCE LAWYER – They represent the defendantwho is standing trial. They must undermine theprosecution’s case and prove there is reasonabledoubt as to the defendant’s guilt.

DEFENDANT – The person who is accused of a crime.

EXAMINATION IN CHIEF – The lawyer asks a series of

open questions to the witness on their side startingwith their name and address.

HEARSAY - Evidence that is gathered from someoneelse. As it wasn’t heard first-hand, it is not allowed incourt.

JUDGE – The judge is in charge of the trial, ensuring itis fair and maintaining order in the courtroom. If thedefendant is found guilty, they decide on thesentencing.

JURY – 12 members of the public selected at randomwhose job is to listen to the evidence presented incourt and decide whether the defendant is guilty ornot guilty.

MAGISTRATES COURT – All prosecutions begin at thiscourt. They are heard by 3 magistrates who can decidewhether to refer the case to a higher court due to itsseriousness or serve a judgement themselves.

OPENING SPEECH – The prosecution summarise thecase against the defendant and what they willdemonstrate through their evidence. The defenceconfirm the defendant’s innocence and explain whatthe prosecution will have to prove.

PROSECUTION LAWYER – They represent the Crown,prosecuting the defendant and working towardsreaching a correct verdict (not just a guilty one).

STANDARD OF PROOF – As a defendant is presumedto be innocent until proven guilty, there is a highbenchmark to reach before someone can be foundguilty.

STATUTES – Laws which are made after beingdebated and approved by the Houses of Parliamentand signed (as a formality) by the Monarch.

USHER – A court official who performs an essentialrole in seeing that everything runs smoothly. Theyswear in the witnesses and ensure there are nodisturbances in the courtroom.

WITNESSES – A person who saw the crime, writes astatement for the police and gives evidence in court.

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