Bar Mock Trial Competition 2017/18 Student Role Guide: Barrister England, Wales and Northern Ireland Bar Mock Trials Competition Student Role Guide: Barrister Introduction In any trial, two students from your team will play the role of prosecution or defence barristers. The work must be shared equally and 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 the 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. 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 the 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 barristers must share the work equally between them; No objections can be made; 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. Court Etiquette The following information is taken from ‘Advocacy in Court, A Beginner’s Guide’ by Keith Evans. Dress Wear dark colours; Hair must be neat and tidy; 2 © Citizenship Foundation 2017 • Charity Reg. No. 801360 Bar Mock Trials Competition Student Role Guide: Barrister Keep jewellery to a minimum; Wigs, if worn, should cover hair to the forehead. Posture Stand up straight when you address the court; Never put your hands in your pockets; Try not to fiddle with your pen or notes; Never interrupt during an oath taking. Language Always refer to the judge as ‘Your Honour’ or ‘His/Her Honour’ eg ‘Your Honour, I don’t know if Your Honour has been given a copy of the sketch of the road at the time of the incident?’; The term ‘my learned friend’ (pronounced ‘learn-ed’) is a courteous way to address other barristers. It just means qualified as a lawyer. © Citizenship Foundation 2017 • Charity Reg. No. 801360 3 Bar Mock Trials Competition Student Role Guide: Barrister Preparing your speeches and questions Statement Analysis When you are reading the statements: Annotate the strengths, weaknesses and contradictions (where people’s stories don’t match); Write down the key points in the table below; Remember that only the underlined portions of the statements can be disputed; You can only refer to contradictions in statements when you have heard from both witnesses. For example if there is a contradiction between prosecution witness 1 and the accused you can only address the accused on this after you have heard from the other witness. Weaknesses/ Name Pros/Def Strengths Contradictions Had clear view of attacker from his Some inconsistencies, eg time he Eg. Mr Clyde Def bedroom window. said the attack took place is wrong. 4 © Citizenship Foundation 2017 • Charity Reg. No. 801360 Bar Mock Trials Competition Student Role Guide: Barrister How to write an opening speech Aims To give the jury a basic outline of the case; To set the scene for the court. What to include An explanation of the burden of proof; A brief outline of the facts of the case; An explanation of the issues in the case – the issues in dispute. Structuring your opening speech Only give the basic facts of the case, not too much detail; Make sure you get the gender of the witnesses right! Check this before the trial starts; Write your speech as notes so that you don’t just read it out (don’t forget you lose marks if you use a script); Use large text, bullet points and sub-headings in your notes. © Citizenship Foundation 2017 • Charity Reg. No. 801360 5 Bar Mock Trials Competition Student Role Guide: Barrister Opening Speech - An Example Members of the jury, I appear for the prosecution in this trial and my learned friend Miss Jones appears for the defendant Mr Fearon. I would like to take this opportunity to explain to you what the prosecution claims this case is all about. On 14th September last year, at about 6.30 in the morning, a number of police officers attended the defendant’s address in order to look for illegal drugs. The police officers forced entry to the defendant’s one-bedroom flat and while they didn’t find the defendant, what they did find forms the basis of this prosecution. In his sitting room there were three cling film wraps of a hard yellow substance. These items were later forensically examined and found to contain cocaine. In addition, a small amount of cannabis was found in the defendant’s bedroom. A number of other items were also seized, including two sets of digital scales, four mobile phones and two laptops. The defendant went to Kennington police station later that evening where he was arrested and then interviewed in the presence of his solicitor. In his interview, the defendant said that he lived at the flat alone, but claimed that he did not spend much time there as he did not feel safe at that address, having been burgled earlier that year. He also said that he had seen men with guns outside his front door a few weeks before. He said that the last time he had been there was four days before and that he had been staying with his father in Wembley. He said that he had left the front door locked but that his spare key had been missing since the burglary. He denied any knowledge of the items seized from his flat, and suggested that perhaps someone put them there in order to set him up. When asked if he had ever been arrested for Class A drugs or cannabis, he said no. However, during this case you will hear that the defendant does have previous convictions for drug-related offences. Mr Fearon is charged with possessing a controlled drug under section 5(3) and intending to supply that drug to another under section 4(1) of the Misuse of Drugs Act 1971. There is no doubt that the drugs and associated paraphernalia were in Mr Fearon’s flat. What you need to decide is whether you believe that the drugs belonged to the defendant, and that he intended to sell them to other people or whether the drugs were placed in his flat by another person. I would like to take this opportunity to remind you of the burden of proof. The Crown brings this case against the defendant, and it is for the Crown to prove it. The defendant need not prove anything. Furthermore, the Crown must satisfy you so that you are sure that Mr Fearon is guilty, nothing less than being sure will suffice. So if you merely suspect or have a hunch that the defendant is guilty but are not sure, then you must return verdicts of not guilty. On the other hand, if you are completely sure that he has committed the alleged offences, then you must find him guilty. 6 © Citizenship Foundation 2017 • Charity Reg. No. 801360 Bar Mock Trials Competition Student Role Guide: Barrister How to write a closing speech Aims To persuade the jury to find in favour of your verdict; To remind the jury of the burden of proof. What to include A brief outline of the law in the case; A summary of the evidence that has been heard in court that proves your case; A short reminder of the burden of proof. Structuring your closing speech You must only rely on the evidence heard in court. You cannot include things that were not talked about in questioning, even if they are in the witness statements Write your speech as notes not as a script. You could write it in full and then turn it into notes if this is easier. In your notes, include all of the possible things that you might say but ensure you do not say them unless mentioned in court; Use large text, bullet points and sub-headings in your notes; During the trial, you can tick any points of evidence that are mentioned by witnesses and cross out any that are not. You can also add any new points; Make sure you get the gender of the witnesses right! Check this before the trial starts. © Citizenship Foundation 2017 • Charity Reg. No. 801360 7 Bar Mock Trials Competition Student Role Guide: Barrister Closing Speech - An Example Summary of Facts The defendant is charged with theft. The prosecution case is that the accused was found in possession of stolen children’s clothes on the 12th November 2015. The store manager of a Next store on Long Acre in Covent Garden, Mr Acton, claims that the items that were stolen from his store. The accused, Robert Harding, denies that he committed this offence and described how he was sleeping rough at the time due to unfortunate personal circumstances and that on his way through Bull Inn Court he saw packs of clothes in an alleyway that he believed were rejects.