court stewards` guide - Citizenship Foundation

MCMT_Covers_v2:Layout 1 17/09/2009 14:21 Page 6
magistrates’ court
mock trial competition
COURT
STEWARDS’
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 court steward. 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
Court Steward’s Role Guide
Sample Judging Sheet
Sample Feedback Form
5
6
7
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:
 Citizenship resources for a wide audience from teachers to young offenders;
 Nationwide and international training programmes;
 National active learning competitions for secondary schools;
 Community projects to develop citizenship education as a collective responsibility;
 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.
Her Majesty’s Courts Service (HMCS) is an executive agency of
the Ministry of Justice (MoJ) and kindly sponsors the competition.
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.
The Ministry of Justice is responsible for upholding justice, rights
democracy. Its objectives are to:
 provide effective and accessible justice for all;
 ensure people’s rights and responsibilities; and
 enhance democratic freedoms by modernising the law and
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.
Ministry of Justice aims to empower citizens to obtain justice, safeguard their rights,
participate in a transparent and accountable democratic process.
and
the
The
and
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: Court Steward
You will be responsible, with the Lead Magistrate, for the smooth running of the trial in
your courtroom. Your role is to make sure the students know where to sit and that the trial
begins promptly.
Please make sure you are familiar with the:
ƒ Layout of the Court House;
ƒ Location and layout of the courtroom you have been allocated to;
ƒ Location of the retiring room.
During each trial:
1. Assist schools: please make sure you have the correct schools in your courtroom, and that
they know whether they are prosecuting or defending.
2. Brief participants: because all courtrooms are different, and participants will be nervous,
please ensure that the participants know where to stand/sit.
ƒ Student magistrates to the retiring room;
ƒ Witnesses sit behind the lawyers (please show them where the witness box is);
ƒ Defendant in the dock;
ƒ Prosecution lawyers furthest away from the dock;
ƒ Defence lawyers next to dock;
ƒ Legal adviser at the desk;
ƒ Ensure the legal adviser has been given their completed identification slip and has been
given one by the defence lawyers;
ƒ Prompt student usher: indicate to the student usher where he/she should sit when
necessary and when all parties are present, including the three Judges. The student
usher must then begin the mock trial by collecting the magistrates from the retiring room,
(you should make sure the usher knows where this is).
3. Judging sheets and judges’ feedback forms: at the conclusion of the trial, collect the
judging sheets and the judges’ feedback forms. Take the judging sheets to the scorer and
ensure that the relevant teacher receives the feedback form (see page 6 for a sample
judging sheet and pages 7 and 8 for sample feedback forms for prosecution and defence
teams).
4. Photography: photographs are allowed in court; however, please ask people not to take
photographs during trials, as this can be off-putting for participants.
5. Mobile phones: please remind everyone to switch them off.
5
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
6
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