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magistrates’ court
mock trial competition
JUDGES’
GUIDE
magistrates’ court mock trial competition 2009/10
October 2009
Welcome to this year’s Competition. We have received over 370 entries from schools across
England, Wales and Northern Ireland.
This guide contains information about your role as a judge. You should also receive a copy of the
case and schools’ guide from the Local Organiser to familiarise yourself with the competition. The
Local Organiser’s role is to co-ordinate the event by ensuring the smooth running of the day. S/he
will be responsible for the following:
ƒ
ƒ
ƒ
A briefing to ensure that volunteers are familiar with their roles. However, the Local Organiser
should not act as a Judge or Lead Magistrate.
Dealing with scoring queries and deciding when announcements are made about the winner.
Arranging a timetable for the day
I would like to take this opportunity to thank you for volunteering. Your support for the competition
is greatly appreciated. If you have any queries, contact me on T: 020 7566 4155, F: 020 7566
4131 or E: [email protected].
Yours sincerely,
MCMT Project Officer
© The Citizenship Foundation
Charity Reg. No. 801360
1
Contents
Organisers & Sponsors
3
Why mock trials?
4
Judges’ Role Guide
Marking Guide
Judging Criteria
Judging Sheet
Judges’ Feedback Forms
5
6
7
8
9
Order of Procedure
11
2
Organisers and sponsors
The Citizenship Foundation is an independent charity,
which aims to empower individuals to engage in the wider
community through education about the law, democracy
and society. Founded in 1989, we focus particularly on developing young people’s citizenship
skills, knowledge and understanding.
Our work, across the UK and internationally, includes:
ƒ Citizenship resources for a wide audience from teachers to young offenders;
ƒ Nationwide and international training programmes;
ƒ National active learning competitions for secondary schools;
ƒ Community projects to develop citizenship education as a collective responsibility;
ƒ Research to advance our understanding of best practice in citizenship education.
“The Citizenship Foundation is at the forefront of demystifying the law.”
Cherie Booth QC
The Competition is run in partnership with the Magistrates’
Association. The Association is the representative body for the
28,865 lay magistrates in England and Wales. The Association
promotes uniformity of practice, consults and represents its members, provides information, advice
and assistance, raises public awareness of the magistracy and delivers and supports training. The
Association also runs the ‘Magistrates in the Community’ Project (MIC), which involves contact
between local magistrates, schools, the local community and employers to inform the public about
who magistrates are and the work they do in court.
The Ministry of Justice is responsible for upholding justice, rights and
democracy and kindly sponsors the competition. Its objectives are to:
ƒ provide effective and accessible justice for all;
ƒ ensure people’s rights and responsibilities; and
ƒ enhance democratic freedoms by modernising the law and the constitution.
In order to serve the public more effectively, the Ministry of Justice is driving forward
improvements to the justice system, and modernising and safeguarding the constitution. The
Ministry of Justice aims to empower citizens to obtain justice, safeguard their rights, and participate
in a transparent and accountable democratic process.
Her Majesty’s Courts Service (HMCS) is an executive agency of the
Ministry of Justice (MoJ). Their remit is to deliver justice effectively and
efficiently to the public. They are responsible for managing the
magistrates’ courts, the Crown Court, county courts, the High Court and
the Court of Appeal in England and Wales.
3
Why Mock Trials?
About 95% of criminal cases, over one million every year, are dealt with by magistrates, yet very
few people know enough about their vital role.
The Magistrates’ Court Mock Trial Competition:
ƒ Helps young people to understand criminal law, the criminal justice system and how courts
work.
ƒ Builds bridges between citizens, our legal institutions, magistrates and legal professionals.
ƒ Gives young people a sense of ownership towards the courts and criminal justice system
which is vital if they are to become active citizens.
ƒ Is rewarding for all students no matter what their ability or personal background.
ƒ Helps to develop young people’s skills of listening, reasoning and ability to think on their feet.
ƒ Is a fun and innovative way for young people to learn about the law and criminal justice.
“This competition fulfils so many aspects of education - a chance to improve
presentation skills, practice at thinking on your feet, working as a team,
increasing knowledge of the legal system and raising awareness of the
judiciary and their role. Everyone gains something from this competition including the teachers and parents as well as the magistrates, lawyers and
court staff who give their support".
John Thornhill, Chairman of the Magistrates' Association
The Citizenship Curriculum
Since September 2002, citizenship education has been a compulsory part of the National
Curriculum. The Competition fulfils key parts of the Citizenship curriculum at Key Stage 3, which
requires students to:
ƒ Gain an understanding of the legal and human rights and responsibilities underpinning society,
and basic aspects of the criminal justice system;
ƒ Develop skills of enquiry and communication;
ƒ Consider moral and social issues, and justify such issues and opinions orally;
ƒ Negotiate, decide and take part responsibly in school activities.
“[Participating in the competition] proved immensely stimulating for the students
involved, revealing depths of talent that, in some, surprised and delighted me and
did wonders for the self-confidence of everyone who took part.”
Participating teacher, 2008/09
4
Role Guide: Judges
As the competition runs nationwide, it is very important that judging is consistent across all
heats. The following guidelines should be strictly followed. The students’ performances
should determine the judging, rather than the merits of the case. The actual verdict reached
in the trial is irrelevant to the score of the team.
Please make sure you are familiar with the:
ƒ Case;
ƒ Witness statements (see case);
ƒ Judging sheet (page 8);
ƒ Feedback form (pages 9 and 10) ;
ƒ Order of procedure, including time allocations (pages 11 and 12).
Essential Guidelines
1. Although you are part of a panel, you must not confer with each other.
2. Do not average your marks with the other Judges.
3. At the end of each trial, add up your individual marks to determine the overall score for each
team. One team must score more than the other - draws are not permitted.
4. Give your completed judging sheet and feedback form to the Court Steward or Scorer.
5. Do not intervene in the proceedings at any time.
6. Please ensure marks are deducted if teams introduce new evidence, go over time or rely
heavily on scripts.
Allocating Marks
All students, with the exception of the lawyers, get a maximum of 10 marks. Lawyers get 10 marks
for each part they perform. The team also gets up to 10 marks for overall performance.
To decide on the marks you give, you need to use the guidance on deducting marks (page 6),
the Marking Guide (page 6), which tells you what the marks mean and the Judging Criteria
(page 7).
Feedback Form
Please fill in the feedback form (pages 9 and 10) and give them to the court steward or directly to
the relevant teacher, to give students and teachers an idea of what they did well and what they
could improve on. The feedback forms are vital to give entrants an immediate idea of how they
have done.
5
Deducting Marks
There are three specific instances in which you can deduct marks on the judging sheet:
1. Going over the time limits (see the order of procedure on pages 11 and 12).
2. Introducing new evidence: students must not introduce new evidence – including props.
Witnesses should not give information that is not in their statement and Lawyers should not
ask questions outside the scope of witness statements.
3. Reliance on scripts: Witnesses must not use their statements as scripts and should not take
them to the stand. Lawyers should not use scripts either, although they can refer to notes and
quote from the witness statements.
Marking Guide
Each student is marked between 1 and 10.
guidelines.
10 Outstanding
To ensure uniformity, please see the following
9
Excellent
8
Very good
No improvements could be made. They have consistently exceeded
the requirements of the role.
They have exceeded the requirements of the role in a number of
areas.
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
3
Poor
2
Very poor
1
Total lack of
knowledge
Basic knowledge shown and effort made. However, room for
improvement in some areas.
Basic knowledge shown and some effort made. However, definite
need for improvement in many areas.
Little knowledge shown and some effort made. Need to improve most
aspects of their role.
No effort made. Need to improve every aspect of their role.
6
Judging Criteria
Opening
speech
Examinationin-chief
Crossexamination
a
b
a
b
c
d
a
b
c
d
e
f
a
Witnesses
Closing
speech
Legal Adviser
b
c
d
a
b
c
a
b
c
d
e
Usher
Magistrates
Overall
performance
Clear and concise description of the case.
Confident presentation showing evidence of thorough learning of the facts.
Elicitation of the facts by short and simple questions.
No leading questions asked.
Clear and concise questioning (clarity of speech).
Questions take account of answers received (spontaneity).
Use of evidence raised in examination-in-chief.
Elicitation of the facts by short and simple questions.
Clear and concise questioning (clarity of speech).
Exposure of contradictions and weaknesses of the other side.
Questions take account of answers received (spontaneity).
Willingness to use witnesses’ comments and not rely on prepared notes.
Confident presentation showing evidence of thorough learning of the parts,
events and witness statement.
Spontaneous responses.
Convincing testimony.
Believable characteristics.
Accurate summing up of the case (with mention of the burden of proof).
Weaknesses in the evidence highlighted.
Confident presentation (without reading from a script).
Accurate reading of the charge.
Defendant correctly identified.
Accurate reading of Section 9 statement.
Good summary of the relevant law.
Identification of the main issues of the case.
(The legal adviser who reads out what is provided without attempting to change
it, should not gain as many marks as one who re-words it.)
a
All witnesses sworn in correctly (Holy Books not used in the Competition)
b
c
d
a
b
c
Witnesses accompanied to and from witness stand.
Court asked to rise at appropriate times.
Deals with any disruptions.
Attentive during the trial.
Good grasp of the facts and contribution to discussion (but not over-powering).
Applying the law to the important facts to reach a structured decision during
deliberations (elements of the offence/evidence in dispute etc.)
d Discussing the trial impartially and fairly
e Decision is based on what has been said in court, not the written statements.
a Work well together as a team.
Overall impression is that they understand what they are doing and that the trial
b
flows well.
7
Important Notes
• Do not award half-marks
• Make sure that the Total Marks
for each team are not the same
• Give your completed sheet to
the Court Steward as soon as
possible
• Don’t forget to award mark for
overall team performance
Judging Sheet
Judge’s Name
Court No.
Prosecuting team (red badges)
Defending team (blue badges)
Final Verdict (tick) Guilty
Stage in the Trial
Time
Prosecution opening speech
st
Examination in chief of 1 pros. witness
st
Cross examination of 1 pros. witness
st
1 prosecution witness
nd
4½
4½
10
4½
4½
Legal Adviser (overall role)
Defence
(Blue
Badges)
10
10
10
10
10
10
10
4½
4½
10
10
10
4
10
2/2/3
10
Usher (overall role)
Magistrates (performance in retiring room)
Red Team 1
Red Team 2
Red Team 3
Blue Team 1
Blue Team 2
Blue Team 3
10
12
10
10
10
10
10
10
Team performance mark
Marks deducted: lack of attention to timing
Marks deducted: reliance on scripts
Marks deducted: introducing new evidence
Max
10
Examination in chief of defendant
Cross examination of defendant
Defendant
Defence closing speech
Max
10
4½
4½
Examination in chief of 2 def. witness
nd
Cross examination of 2 def. witness
nd
2 defence witness
Prosecution
(Red
Badges)
4
Examination in chief of 2 pros. witness
nd
Cross examination of 2 pros. witness
nd
2 prosecution witness
nd
Not Guilty
10
(
)
(
)
(
)
(5)
(5)
(5)
10
(
)
(
)
(
)
(5)
(5)
(5)
Total Marks – to be completed by judge
120
120
Total Marks – checked by scorer
120
120
8
Feedback Form – Prosecution Team
Name of School: ___________________________________________________________
Prosecution Lawyer 1
Things done well
‰ Clear description of the case given in the opening
speech
‰ Spoke loudly and clearly
‰ Questions took account of what the witnesses said
‰ Avoided leading questions
Things to improve on
‰ Opening speech
‰ Avoid asking leading questions
‰ Do not use a script
‰ Speak loudly and clearly
‰ Avoid introducing new evidence
Prosecution Lawyer 2
Things done well
‰ Spoke loudly and clearly
‰ Questions took account of what the witnesses said
‰ Avoided leading questions
Things to improve on
‰ Avoid asking leading questions
‰ Do not use a script
‰ Avoid introducing new evidence
Prosecution Witness 1
Things done well
‰ Knew the witness statement well
‰ Responded well to questions
‰ Was convincing in character
‰ Spoke loudly and clearly
Things to improve on
‰ Know your statement
‰ Avoid memorising answers
‰ Do not introduce new evidence
‰ Speak loudly and clearly
Prosecution Witness 2
Things done well
‰ Knew the witness statement well
‰ Responded well to questions
‰ Was convincing in character
‰ Spoke loudly and clearly
Things to improve on
‰ Know your statement
‰ Avoid memorising answers
‰ Do not introduce new evidence
‰ Speak loudly and clearly
Legal Adviser
Things done well
‰ Spoke loudly and clearly
‰ Section 9 statement
‰ Speech identified the main issues of the case in
your own words
Things to improve on
‰ Speak loudly and clearly
‰ Summarise the case in your own words
‰ Follow the order of procedure carefully
Magistrates
Things done well
‰ Listened carefully during the trial
‰ Contributed well to the discussion
‰ Based their decision on what they heard in court,
not knowledge of the statements
‰ Understood the burden of proof
Additional Comments
Things to improve on
‰ Make sure you concentrate fully during the trial
‰ Allow everyone to have a say during the discussion
‰ Base your decision on what you hear in court
‰ Always remain impartial
Feedback Form – Defence Team
Name of School: ___________________________________________________________
Defence Lawyer 1
Things done well
‰ Closing speech
‰ Spoke loudly and clearly
‰ Questions took account of what the witnesses said
‰ Avoided leading questions
Things to improve on
‰ Closing speech
‰ Avoid asking leading questions
‰ Do not use a script
‰ Speak loudly and clearly
‰ Avoid introducing new evidence
Defence Lawyer 2
Things done well
‰ Spoke loudly and clearly
‰ Questions took account of what the witnesses said
‰ Avoided leading questions
Things to improve on
‰ Avoid asking leading questions
‰ Do not use a script
‰ Avoid introducing new evidence
Defendant
Things done well
‰ Knew the witness statement well
‰ Responded well to questions
‰ Was convincing in character
‰ Spoke loudly and clearly
Things to improve on
‰ Know your statement
‰ Avoid memorising answers
‰ Do not introduce new evidence
‰ Speak loudly and clearly
Defence Witness
Things done well
‰ Knew the witness statement well
‰ Responded well to questions
‰ Was convincing in character
‰ Spoke loudly and clearly
Things to improve on
‰ Know your statement
‰ Avoid memorising answers
‰ Do not introduce new evidence
‰ Speak loudly and clearly
Magistrates
Things done well
‰ Listened carefully during the trial
‰ Contributed well to the discussion
‰ Based their decision on what they heard in
court, not knowledge of the statements
‰ Understood the burden of proof
Things to improve on
‰ Make sure you concentrate fully during the trial
‰ Allow everyone to have a say during the discussion
‰ Base your decision on what you hear in court
‰ Always remain impartial
Usher
Things done well
‰ Spoke loudly and clearly
‰ Was familiar with the order of procedure
‰ Ensured proceedings ran smoothly
Additional Comments
Things to improve on
‰ Speak loudly and clearly
‰ Ensure you are familiar with the layout of the court
‰ Follow the order of procedure carefully
Order of Procedure
Time allocations must be strictly adhered to
Role
Usher
Everyone
Usher
Magistrates
Everyone
Legal Adviser
Legal Adviser
Defendant
Legal Adviser
Defendant
Legal Adviser
Defendant
Legal Adviser
Defendant
Legal Adviser
Defendant
Legal Adviser
Defendant
Legal Adviser
Defendant
Legal Adviser
Lead Magistrate
Event (Spoken lines in bold type)
BEGINNING OF TRIAL
‘Court rise’
Stands
Leads magistrates into courtroom
Enter the court, bow and sit. Lawyers and court staff
bow in return
Sits
Stands. ‘The prosecution is represented today by
[names] and the defence by [names]’
Gives the I.D slips to the Lead Magistrate
Legal Adviser asks the defendant to stand
Stands
‘Are you …?’
‘Yes’
‘Is your address …?’
‘Yes’
‘Is your date of birth …?’
‘Yes’
‘Are you represented by …?’
‘Yes’
‘You are charged with …..’ (insert charge from Case
Outline here). ‘Do you understand?’
‘Yes’
‘How do you plead?’
‘Not guilty’
To the magistrates: ‘The defendant has consented
to a trial in a magistrates’ court. We are in a
position to proceed with the trial today. May the
defendant be seated?’
Gives the defendant permission to sit down
Timing
N/A
2 minutes
N/A
CASE FOR THE PROSECUTION
1st Prosecution Lawyer
st
Makes the opening speech
st
1 Prosecution Lawyer
Calls the 1 prosecution witness
Usher
Leads the witness to the witness box. Asks them to
repeat this affirmation: ’I do solemnly, sincerely and
truly declare and affirm that the evidence I shall
give shall be the truth, the whole truth and
nothing but the truth’
Repeats affirmation
1st Prosecution Witness
4 minutes
N/A
11
1st Prosecution Lawyer
1st Defence Lawyer
Usher
2nd Prosecution Lawyer
Usher
2nd Prosecution Witness
2nd Prosecution Lawyer
2nd Defence Lawyer
Usher
1st Prosecution Lawyer
Legal Adviser
2nd Prosecution Lawyer
1st Defence Lawyer
Usher
Defendant
1st Defence Lawyer
1st Prosecution Lawyer
Usher
2nd Defence Lawyer
Usher
2nd Defence Witness
2nd Defence Lawyer
2nd Prosecution Lawyer
Usher
1st Defence Lawyer
Legal Adviser
Usher
Everyone
Magistrates
Usher
Everyone
Usher
Magistrates
Everyone
Lead Magistrate
Examination in chief of 1st prosecution witness
Cross examination of 1st prosecution witness
Leads 1st prosecution witness back to his/her seat
Calls 2nd prosecution witness
Leads 2nd prosecution witness to the witness box. Asks
them to repeat this affirmation: ‘I do solemnly…’ (as
above)
Repeats affirmation
Examination in chief of 2nd prosecution witness
Cross examination of 2nd prosecution witness
Leads 2nd prosecution witness back to his/her seat
Asks legal adviser to read Section 9 statement
Reads Section 9 statement
‘That is the case for the prosecution’
CASE FOR THE DEFENCE
Calls the defendant
Leads defendant to the witness box. Asks them to
repeat this affirmation: ‘I do solemnly…’ (as above)
Repeats affirmation
Examination in chief of defendant
Cross examination of defendant
Leads defendant back to his/her seat
Calls 2nd defence witness
Leads 2nd defence witness to the witness box. Asks
them to repeat this affirmation: ‘I do solemnly…’ (as
above)
Repeats affirmation
Examination in chief of 2nd defence witness
Cross examination of 2nd defence witness
Leads 2nd defence witness back to his/her seat
Makes closing speech. ‘That is the case for the
defence’
CONCLUSION OF THE TRIAL
Summary of the law for the magistrates
‘Court rise’
Stands
Retire to consider their verdict
‘Court rise’
Stands
Leads magistrates into courtroom
Enter the court. Bow to the court before sitting. Lawyers
and court staff bow in return
Sits except for the defendant
Tells the court the verdict and possible sentences that
might be given
4½ minutes
4½minutes
N/A
4½ minutes
4½ minutes
N/A
2 minutes
N/A
4½ minutes
4½ minutes
N/A
4½ minutes
4½ minutes
N/A
4 minutes
3 minutes
N/A
12 minutes
N/A
2 minutes
12