Bar Mock Trial Competition 2017/18 Schools Guide England, Wales and Northern Ireland Bar Mock Trial Competition Schools Guide

Contents

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

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Age Range: 15 - 18 Cross Curricular Links:

Curriculum References:  SMSC: Recognise legal boundaries and, in so Citizenship Main Aims: doing, respect the civil and criminal law in  Develop a sound knowledge and England. Accept and engage with the understanding of the role of law and the fundamental British values of democracy, the justice system in our society and how laws rule of law, individual liberties and mutual are shaped and enforced respect.

Citizenship Key Stage 4:  Language and Literacy: This lesson supports  The legal system in the UK, different sources aims relating to spoken language, reading and of law and how the law helps society deal writing and vocabulary development. with complex problems.  English: Speak confidently and effectively including through using standard English confidently in a range of formal and informal contexts, including class discussion.

Other Resources  Case 1:  Role Guide: Court Clerk  Role Guide: Witness  Case 2:  Role Guide: Juror  Role Guide: Barrister  Role Guide: Usher Introduction The Citizenship Foundation’s Bar Mock Trial Competition is a practical and challenging way to educate young people about their legal rights and responsibilities, the criminal justice system, and the legal process and profession generally, while at the same time improving their public speaking, analytical and team-working skills. The competition involves teams of young people aged 15-18 from non fee-paying schools across England, Wales, Scotland and Northern Ireland presenting opposing sides of specially written 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, Scotland and Northern Ireland having applied this year. What the competition does As well as helping to deliver key aspects of the Citizenship curriculum for key stage 4, the Bar Mock Trial Competition has three primary aims:

 Public legal education – The Competition furnishes young people with the knowledge, skills and confidence 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 young people. The competition helps to correct this by giving the young people competing direct contact with those involved in the administration of justice and by giving them realistic insight into how courts work, 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 all aspects of their lives.

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 the UK (November) and a national final (March/April). Schools will be assigned to one regional heat where they will present opposing sides of specially written criminal cases in a live format against other schools over three rounds. The two highest scoring schools then proceed to the fourth round to determine the regional winner that will progress to the national final. Schools must present the prosecution and defence for case one and the prosecution or defence for case two. This will be determined by a draw that will be available at your regional heat (see example below). Schools should prepare the prosecution and defence of both cases because the draw is subject to change, and they will be expected to present the other side of case two if they proceed to the fourth round (where both schools that reach the final round have presented the same side, this will be decided by a coin toss). Example of a draw for the day:

Round 1 Court Round 2 Court Round 3 Court (R v Phillips) (R v Smith) (R v Phillips) School A School C School B V V V School D A School E C School F G

The winner of the regional heat will go forward to compete in the national final in March/April 2017 where 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 to ensure that the competition runs smoothly. The regional coordinators are practising barristers and judges 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 the time 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 the competition. Teachers should only be there to give tips and advice and should not prepare anything for the students (such as speeches). Students will be scored according to the mark scheme. Judges will be fully 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 is not contained in the witness statements). It is not fair to expect either a student playing a witness or a student playing a barrister to ask or be asked about things outside the scope of the witness statement. Students who introduce new evidence will be penalised.

 Reading from a script: Students should not read excessively from notes or speak from memorised scripts. It is much easier to perform well if the students can act spontaneously and judges will give more 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 the time 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 system after decisions have been made. It is not possible to change the scores after the event.

School’s Timetable Citizenship Month Schools Check Foundation Confirm receipt of resources with the Citizenship Foundation. Provide schools with July access to resources. Send schools link to Recruit a team including reserves. pre-participation surveys. Distribute materials to students so that they can read them over the summer.

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

If you are unable to take part, inform the Project Coordinator by e-mailing [email protected] before 15th September September Send details of barrister 2017 in order to receive a refund. volunteer to schools Decide a regular meeting day, time and (where available). place. Ensure all team members fully understand both cases

Contact barrister mentor to arrange a visit (where available) Send out regional heat information, including Continue preparations. October directions to court and parking facilities.

Citizenship Month Schools Check Foundation Reallocate barrister volunteers who have not Return team list and photograph been contacted by the schools they were originally permission form to the Project allocated to by Coordinator by 13th October 2017 . October 6th October 2017.

Make travel arrangements for regional Send schools team lists and heat. photo permission forms to complete.

Continue preparations. Send out arrival times to

November schools Attend regional heat - arrive at the court at time indicated.

Send out Complete evaluation form. post-participation evaluation December link to teachers. Begin national final preparations (finalist schools only).

Send finalist schools national final case. Continue preparations.

Send schools national final information, including Send permission letters to parents for directions to court, parking national final. facilities, travel and Make travel and accommodation January accommodation arrangements for national final. information.

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Citizenship Month Schools Check Foundation

Continue national final preparations.

Send schools national final Send schools any additional details for team lists and photo the national final. February permission forms to complete. Return national final team list, dietary requirements and photograph permission form to the Project Coordinator by 16th February 2017 .

March/ Continue preparation. Attend national final - arrive at the court April at the time specified by the Project Coordinator.

Preparation for the competition The first thing to do in preparing for the competition is to form a team. Ensure students understand what is required for their role (detailed information will be in the individual student guides that follow but an overview can be found on pages 7-9). Students should also be aware that they will need to be available 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 up around the school (make your own or ask the Project Coordinator), placing a notice in the school newsletter/bulletin, in assembly, etc. Some teachers have suggested asking the previous year’s mock trials 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 each role. 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/higher education 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 speaking roles so you may want to double-up in some areas.

Role Number required Side required for What they do

Give opening/closing speeches; Prosecution barrister 2 Prosecuting Question witnesses; Try to get the correct verdict.

Give opening/closing speeches; Defence barrister 2 Defending Question witnesses; Try to get a not guilty verdict.

Prosecution witness 2 Prosecuting Give evidence in court.

Defence witness 2 Defending Give evidence in court. (including defendant)

Read the indictment; Court clerk 1 Prosecuting Read the section 9 statement(s); Swears in the jury and escort them to the jury room.

Make sure the case runs Usher 1 Defending smoothly; Swear in witnesses.

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Decide the verdict Juror 5 Prosecuting and based on the evidence Defending they have heard in court.

Student suitability Some roles in the competition are more challenging than others. However, the competition is inclusive for students of all abilities. The role of a barrister, for example, would suit students who are confident public speakers, who possess the ability to think on their feet and are logical thinkers. This challenging role 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 to take on the barrister role will help them articulate themselves and be heard. If you choose this route it will require more time to help students feel comfortable and confident with the content. Overview of Roles Once you have formed your team go through both cases to ensure you understand the facts of 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 the administration of the court. For the purposes of the competition, the court clerk has been given some additional 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 court the 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.

© Citizenship Foundation 2017 • Charity Reg. No. 801360 7 Bar Mock Trial Competition Schools Guide Usher The usher is taken from the team playing the defence . Your role is to help with the administration of the court. For the purposes of the competition, the usher’s role has been slightly altered to balance their part with that 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. The work 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 the correct 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 prove his/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 other logical explanation can be derived from the facts except that the defendant committed the crime. The prosecution must prove to the jury the defendant’s guilt so that they cannot reach any verdict other than guilty. 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 the prosecution’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, except where this is unavoidable. Your role is to decide the verdict of the case based on the evidence you have heard in court 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 you on the day. It would be a good idea to complete practice jury exercises, so that you have had a go at deciding a verdict. 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 that you 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.

 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.

10 © Citizenship Foundation 2017 • Charity Reg. No. 801360 Bar Mock Trial Competition Schools Guide 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 11.15 Round 2: All schools present Case 2 12.25 Lunch (not provided for schools at most heats unless otherwise advised) 13.15 Round 3: All schools present Case 1 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 Information Barrister mentors Receiving a visit from a barrister can be a valuable exercise and a good way of introducing the work of barristers to your team. In England, Wales and Northern Ireland the lawyers who represent clients in court 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 to coach the team or prepare speeches. They can help with any procedural questions you may have and advise you on language and court etiquette. Only schools that have requested barrister assistance on their application form will be allocated a mentor (subject to one being available). If you decide that you no longer need assistance please inform the Project Coordinator as soon as possible. If you are assigned a barrister please get in touch with him/her straight away, this will allow plenty of time for the barrister to schedule in a visit around their court commitments. Your mentor is committed to one visit. Beyond this, any additional visits are by specific arrangement between you and the barrister. Please bear in mind that your barrister may only be able to visit you after

court (after 4.30pm). It is therefore important to try to organise your visit as soon as possible. If your school 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 they are attending. Reserve Schools We understand that reserve schools are in a difficult position of having to put in all the hard work necessary to prepare for the competition, with no guarantee of competing on the day. We cannot tell when or where schools will drop out, but they do every year so your team may well get the opportunity to step in and save the day. Reserve schools may wish to run their own school-wide mock trial competitions or be put in touch with other reserve schools in their area. We appreciate that preparing for the Bar Mock Trial Competition takes a lot of time. However, we do encourage reserve schools to prepare as much as possible so that in the event that a school does drop out 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 will receive a refund (minus £5 administration fee). If we offer you a place at your wait list heat and you decline 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 a court building and the workings of a trial. This will help participants to feel more relaxed on the day of the heat. Feedback from previous participants shows that many schools found a Crown Court visit very useful and interesting. Many courts will be more than happy to show you around and give your students playing 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 as soon as possible. Withdrawing from the heats has serious implications for the other schools in your heat. Placed schools that withdraw before 16th September 2016 will get their fee back (minus £5 administration fee). Teams that withdraw after this deadline, for whatever reason, will not receive a refund of their entry fee. For more 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 can be a daunting task. Don’t worry – help is available! The mock trials team is always on hand to answer any questions or queries you might have. There are also resources and lesson plans to help you through 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.

12 © Citizenship Foundation 2017 • Charity Reg. No. 801360 Bar Mock Trial Competition Schools Guide Order of Procedure Please note that whenever you are required to speak you should stand up. Timings Role Event (minutes)

Court Clerk Fill in the team identification slip and put it on the judge’s N/A bench.

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

All Stand up N/A Court Clerk Ask the defendant to stand. Identify them by asking ‘What is N/A your name?’

Defendant ______(say name here) N/A

Court Clerk ‘You are charged with ______’ (insert name of N/A offence from indictment) ‘in that you ______’ (insert particulars of offence). ‘Do you understand?’ Defendant ‘Yes’ N/A Court Clerk ‘Do you plead guilty or not guilty?’ N/A

Defendant ‘Not guilty’ N/A

Ask the defendant to sit down. Ask the jury to stand and N/A repeat the following Court Clerk after you: ‘I will faithfully try the defendant and give a true verdict according to the evidence’. Then ask the jury to sit down.

‘May it please you, Your Honour, I appear for the prosecution with my learned friend Mr/Miss ______’ (insert name of other prosecution barrister). Prosecution Barrister 1 ‘My name is ______’ (insert your name). ‘My learned friends Mr/Miss ______and Mr/Miss ______represent the defendant’ (insert names of defence barristers).

Make the opening speech. 3 Prosecution ‘If it pleases you, Your Honour, I would like to call the first N/A Barrister 1 prosecution witness, ______’ (insert name of first prosecution witness). lead the first prosecution witness to the stand and ask them N/A Usher to repeat the following affirmation after you: ‘I promise to tell the truth, the whole truth and nothing but the truth’

Prosecution Examination-in-chief of first prosecution witness. 4.5 Barrister 1

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

Usher Lead the witness back to his/her seat. N/A ‘If it pleases you, Your Honour, I would like to call the second N/A Prosecution prosecution witness, ______’ (insert name of Barrister 2 second prosecution witness).

Lead the second prosecution witness to the stand and ask N/A Usher them to repeat the following affirmation after you: ‘I promise to tell the truth, the whole truth and nothing but the truth’.

Prosecution Examination-in-chief of second prosecution witness. 4.5 Barrister 2

Defence Cross-examination of second prosecution witness. 4.5 Barrister 2

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

Prosecution Ask the court clerk to read the Section 9 statement(s). N/A Barrister 2

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

Prosecution ‘That is the case for the prosecution’. N/A Barrister 2 Make the opening speech. 3 Defence Barrister 1 ‘If it pleases you, Your Honour, I would like to call the N/A defendant, ______’ (insert name of defendant). Lead the defendant to the stand and ask them to repeat the N/A Usher following affirmation after you: ‘I promise to tell the truth, the whole truth and nothing but the truth’. 14 © Citizenship Foundation 2016 • Charity Reg. No. 801360 Bar Mock Trial Competition Schools Guide

Defence Examination-in-chief of defendant. 4.5 Barrister 1 Prosecution Cross-examination of defendant. 4.5 Barrister 1 Usher Lead the defendant back to the dock. N/A ‘If it pleases you, Your Honour, I would like to call the second N/A Defence defence Barrister 2 witness, ______’ (insert name of second defence witness). Lead the second defence witness to the stand and ask them N/A Usher to repeat the following affirmation after you: ‘I promise to tell the truth, the whole truth and nothing but the truth’. Defence Examination-in-chief of second defence witness 4.5 Barrister 2 Prosecution Cross-examination of second 4.5 Barrister 2 defence witness Usher Lead the witness back to his/her seat. N/A Defence ‘That is the case for the defence’. N/A Barrister 2

Prosecution Make closing speech. 5 Barrister 2 Defence Make closing speech. 5 Barrister 2

Judge Summing up 4 ‘I shall keep this jury in a private and convenient place. I shall N/A suffer no one to speak to them nor shall I speak to them Court Clerk 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. Wait outside and give 5 them a maximum of five minutes to make their decision. After the jury and court clerk have left, say: ‘Court rise’ and N/A Usher lead the judge out of the courtroom to his/her chambers.

Once the jury have reached their verdict, lead them back N/A Court Clerk into the courtroom.

Usher Go and collect the judge from his/her chambers. Lead the N/A judge back into the courtroom and as you enter say ‘Court rise’. Court Clerk Ask the defendant to stand. Ask the foreman of the jury to N/A stand and announce their verdict. Jury Foreman ‘We find the defendant guilty/not guilty’. N/A Judge Comment on the performance of barristers, witnesses and N/A court staff. Put score sheet in an envelope.

Court Clerk Collect the score sheet in a sealed envelope from the judge N/A and hand it in to the Citizenship Foundation representative

Competition Rules and Scoring The assessment criteria are different for each role. This sheet tells you the things that everyone gets marked 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 when deciding 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.

Opening speech a Clear and concise description of the case b Confident presentation showing evidence of thorough learning of the facts Examination-in-chief a 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-examination a 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) Usher a 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

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

20 © Citizenship Foundation 2017 • Charity Reg. No. 801360 Bar Mock Trial Competition Schools Guide Court Layout Notes The diagram below gives an indication of how a court could be laid out. The layout of different courtrooms may vary. Witnesses In real trials the witnesses would usually sit outside the courtroom while waiting to give evidence. For the 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 have 12 members. The numbers in real life are 12 and 15 respectively.

Glossary open questions to the witness on their side starting ADMINISTRATIVE LAWS - Laws which set out with their name and address. what public bodies can do and what their responsibilities are. HEARSAY - Evidence that is gathered from someone else. As it wasn’t heard first-hand, it is not allowed in AFFIRMATION – A testimony instructed by the usher court. to be spoken by a witness before they given evidence. JUDGE – The judge is in charge of the trial, ensuring it CASE LAW – Laws decided by a decision of judges in is fair and maintaining order in the courtroom. If the the courtroom. It forms a ‘precedent’ which similar defendant is found guilty, they decide on the cases must follow. sentencing. CIVIL LAWS – Laws which govern the private JURY – 12 members of the public selected at random relationships between people. If they are broken, a whose job is to listen to the evidence presented in remedy usually in the form of financial compensation court and decide whether the defendant is guilty or is sought. not guilty. CLERK – A court official who performs an essential MAGISTRATES COURT – All prosecutions begin at this role in seeing that everything runs smoothly. They read court. They are heard by 3 magistrates who can decide out the charge of the defendant and any statements whether to refer the case to a higher court due to its directed by the judge. seriousness or serve a judgement themselves. CLOSING SPEECH – The prosecution and defence OPENING SPEECH – The prosecution summarise the summarise the evidence they have presented and case against the defendant and what they will comment on the weaknesses in the other side’s case. demonstrate through their evidence. The defence This is their last opportunity to persuade the jury of confirm the defendant’s innocence and explain what their case. the prosecution will have to prove. CPS – Crown Prosecution Service is a public body of PROSECUTION LAWYER – They represent the Crown, the State who prosecutes against people who are prosecuting the defendant and working towards accused of a crime if there is enough evidence. reaching a correct verdict (not just a guilty one). CRIMINAL LAWS – Laws which protect people and STANDARD OF PROOF – As a defendant is presumed say how we must (or must not) behave. If they are to be innocent until proven guilty, there is a high broken, that person can be prosecuted, tried in court benchmark to reach before someone can be found and punished by the State. guilty. CROSS EXAMINATION – The lawyers on one side try STATUTES – Laws which are made after being to highlight the weaknesses/inconsistencies in the debated and approved by the Houses of Parliament other side’s statements. and signed (as a formality) by the Monarch. CROWN COURT – More serious offences which are USHER – A court official who performs an essential not suitable for the magistrate court are sent to the role in seeing that everything runs smoothly. They crown court to be heard by a judge and jury. swear in the witnesses and ensure there are no disturbances in the courtroom. DEFENCE LAWYER – They represent the defendant who is standing trial. They must undermine the WITNESSES – A person who saw the crime, writes a prosecution’s case and prove there is reasonable statement for the police and gives evidence in court. doubt as to the defendant’s guilt. DEFENDANT – The person who is accused of a crime. EXAMINATION IN CHIEF – The lawyer asks a series of