bar national mock trial competition

Transcription

1 bar national mock trial competition Volunteer s Guide 2008/09 England, Wales & Northern Ireland

2 August 2008 Thank you for agreeing to help with this year s Competition. This year we have received over 250 entries from schools across England, Wales, Scotland and Northern Ireland. The competition provides a unique way for young people to learn about the criminal justice system and we recognise that the support of volunteers, such as you, greatly enhances the experience of the 3,000 young people who participate each year. Your support is greatly appreciated by the Citizenship Foundation and everyone involved in the competition. One volunteer s experience I have been a volunteer at Mock Trial Finals since the inception of the competition. Throughout those years, although the schools have changed and the trial material has changed the participants have remained constant in their enthusiasm. The sheer enjoyment of the students, tinged as always with the trepidation of what they are about to do, is by far the most striking quality. The frantic last minute rechecking of speeches and notes, the anxious questions about where to sit and where to go to collect the Judge are the best testimony to the importance the competitors attach to the competition. Watching the teams settle into their first trial and then listening to the comments made at its conclusion reinforces the feeling that this day matters to them all. To the volunteer who has spent the preceding weeks sacrificing free time slogging up to school trying to help and advise, it all suddenly seems worthwhile. Enthusiasm and eagerness are qualities rarely associated with the courts and to observe them in the Mock Trial Competition is ample reward for prior endeavour. I hope you enjoy volunteering and helping your allocated school with their preparations. If you have any queries please contact your Regional Coordinator. If you cannot do so please contact Jaheeda Subhan, the Project Officer at the Citizenship Foundation on T: F: or bmt@citizenshipfoundation.org.uk. Page 1

3 Contacts Competition Coordinator: (Please address all queries here in the first instance if you are unable to contact your regional coordinator) Bar Mock Trial Project Officer Jaheeda Subhan Citizenship Foundation 63 Gee Street London EC1V 3RS T: F: General Council of the Bar: Chairman of the Bar National Mock Trial Competition Working Party: Chief Executive General Council of the Bar of England and Wales High Holborn London WC1V 7HZ Christopher Kinch QC 23 Essex Street London WC2R 3AA T: F: The School s Guide has been prepared with assistance from the General Council of the Bar Council of England and Wales, the Faculty of Advocates (particularly, the Scottish Criminal Procedure Starter Pack of Materials), the Bar Council of Northern Ireland and the Bar National Mock Trial Competition Working Party. Page 2

4 Contents CONTACTS 2 ORGANISERS AND SPONSORS 4 INTRODUCTION TO THE COMPETITION The Citizenship Curriculum VOLUNTEER BARRISTERS Initial contact with the team Visits Helping teams to prepare Attending the Regional Heat VOLUNTEERS TIMETABLE 8 PROGRAMME OF THE DAY 8 TEAM RULES 9 ORDER OF PROCEDURE 10 Page 3

5 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 General Council of the Bar of England and Wales The General Council of the Bar is the professional body for barristers in England and Wales. The Bar Council provides representation and services for the Bar, and guidance on issues of professional practice. A separate, independent regulatory body the Bar Standards Board is responsible for regulating barristers and deals with matters of training, discipline, conduct and complaints. There are just under 15,000 practising barristers in England and Wales. The Bar Council of Northern Ireland The Bar Library and the Bar Council is based in the Royal Courts of Justice. The Bar Council is responsible for the maintenance of the standards, honour and independence of the Bar and through its Professional Conduct Committee, receives and investigates complaints against members of the Bar in their professional capacity. The Faculty of Advocates In order to practise at the Scottish Bar a person must be a member of the Faculty of Advocates. The Faculty is a democratic body, decisions regarding the profession being taken at meetings of the Faculty Council (an elected body) or in general meetings of the Faculty. Elected officers administer the Bar, the Dean is elected leader of the Bar and has the primary responsibility for discipline of the members of the Bar in professional matters. The Inns of Court There are four Inns of Court, Lincoln s Inn, Inner Temple, Middle Temple and Gray s Inn. Anyone who wishes to train for the Bar must join an Inn of Court before they begin the Bar Vocational Course (BVC). The Inns are essentially non-academic societies, which provide educational activities and support for Barristers and student Barristers. The Circuits England and Wales are divided up into six areas known as Circuits for the purposes of the Administration of Justice. The six Circuits are Midland, Northern, North Eastern, South Eastern, Wales and Chester and Western. It is the role of the Circuits to provide important sources of support, advice and representation for Barristers practicing in those areas. Page 4

6 Introduction to the Competition Citizenship helps students understand what it means to belong to communities, to understand the language of morality, of rights and of responsibilities towards others. It fosters respect for law, justice, democracy and for different opinions, values and cultures. The Bar National Mock Trial Competition: The Bar National Mock Trial Competition has been running since 1991 and this year will involve over 200 schools and nearly 3000 students across the UK. This active learning competition is based around a live format held in real courts across the UK where students are judged by legal professionals on their performances in two specially written cases. Students take on the roles of lawyers, witnesses, court staff and jurors and are assisted by legal professionals both in their preparations and on the day of the heat. Each school provides a team of up to 15 students (16 in Scotland) from years in England and Wales, years in Northern Ireland and S4-S6 in Scotland. At 16 Regional Heats across the country, schools compete against each other over three rounds and two finalists present a further case to decide the winning team. That team will then go forward to represent the region in the National Final against the 15 other Regional Winners. During the National Final the same format is replicated to determine the National Winner. What it does: Helps young people gain an understanding of criminal law, the criminal justice system and how courts work Builds bridges between citizens, our legal institutions and those who administer and run them Gives young people a sense of ownership towards the courts and criminal justice system which is vital if they are to become active citizens Is rewarding for all students no matter what their ability or personal background Helps to develop young people s skills of listening, reasoning and ability to think on their feet Is a fun and innovative way for young people to learn about the law and criminal justice The competition is not just about people who want to become lawyers, it s about what the law means in society and what it means to be a citizen. Cherie Booth QC 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 4 including requiring students to: Gain an understanding of legal rights and responsibilities and the role and workings of the criminal justice system Develop skills of enquiry and communication Develop skills of research, discussion, public speaking, analysis, communication and teamwork Negotiate, decide and take part responsibly in school activities For more information about the Citizenship curriculum, including answers to frequently asked questions, please visit the Citizenship Foundation website, Page 5

7 Volunteer Barristers You will have been recruited by your Regional Co-ordinator to help a team prepare for the competition and support them on the day of the Regional Heat. If you have any concerns or queries, then please contact your Regional Co-ordinator in the first instance or the Bar Mock Trial Project Officer at the Citizenship Foundation. Initial contact with the team Your Regional Co-ordinator will provide you with the name and contact details of the school to which you have been allocated. The school should initiate first contact but if you have not heard from them by the end of September please phone, fax or the teacher. If you still do not hear from them, please inform your Regional Co-ordinator, and the Bar Mock Trial Project Officer. We recognise how difficult schools can be to contact, and if you are having difficulties arranging a visit, it is essential you let the Project Officer know as soon as possible. Generally morning break (around 11am,)lunch break (around 1pm) and the end of school (around 3.30pm) are good times to catch teachers. You can check these times with the receptionist when you call. You will receive a copy of the cases and the Schools Guide from your Regional Co-ordinator and it is important that you are familiar with the contents. The guide outlines how the competition works, the roles the students take on and the judging criteria. The cases contain the witness statements that the team will use to prepare their prosecution and defence. Visits Your role as a volunteer is to offer advice over the phone or via about the team s preparation and meet with the team on at least one occasion. The teacher is aware that your commitment is for one visit but many volunteers visit more than once. It can be quite difficult for teams and volunteers to find a mutually convenient time to meet. We appreciate that barristers/advocates have many court commitments and work irregular hours. Teams are often restricted by the school timetable and the practicalities involved in organising extra-curricular activities. It is important that you and your team keep in regular contact so as to give each other as much notice as possible if either of you are unable to keep an appointment. Volunteers should visit the school in order to watch the team in action and advise on how they could improve. It is also a good idea to encourage your team to visit a local court beforehand to give them a feel for the court environment. It may also be more convenient for you to meet them there, rather than at the school. Alternatively, you can arrange for your team to come and visit you at your chambers. Helping teams to prepare Your role is to advise the team on court procedure and the role of barristers/advocates, witnesses, court staff and judges. You will also need to be familiar with witness statements so you can advise the team on how best to prepare their prosecution and defence. However it is extremely important that you do not coach the team members. N.B. As a result of time constraints in the competition, students are given time limits for their speeches (these are set out in the Order of Procedure below). In addition there are some slight variations in normal court procedure in order that both teams are given the same Page 6

8 opportunity to display their skills. The Team rules that the schools have received are also set out below. Variations between the Competition and real-life. Both the prosecution and the defence team make opening and closing speeches No re-examination nor any objections are permitted The role of court clerk is provided by the prosecution team and the role of usher is provided by the defence team Witnesses are permitted to sit in court prior to giving their evidence The heats are time-limited and marks can be deducted for poor time-keeping The opening speeches must be no longer than 3 minutes The closing speeches must be no longer than 5 minutes Examination-in-chief of a witness must be no longer than 4 ½ minutes Cross-examination of a witness must be no longer than 4 ½ minutes Tips Don t write speeches or questions for them. Do give general advice as to the style of presentation, basic points of advocacy, the law and court procedure. Do help them to find their own angle of attack and discuss with them the strengths and weaknesses of the case. Do emphasise the importance of learning the facts and not reading from scripts. Marks will be deducted from teams who read from scripts. Winning schools often have barristers/advocates whose closing speeches are not prepared in advance and are a genuine response to the evidence that has been presented in court. Advocates/barristers need to adapt well to the evidence given in courts rather than that contained in witness statements. Do help witnesses understand that they cannot introduce evidence that is not contained in their statement. Do help barristers/advocates understand that they cannot ask witnesses questions about matters that are not relevant to the witness statement. Attending the Regional Heat Volunteers should attend the heat in November in order to help and support their school. A programme of the day is on page 8. You will play an important role in court on the day by advising the team members on court procedure, for example ensuring that they all know where to sit and that the usher knows where to collect the judge. Please inform the Regional Co-ordinator and the representative from the Citizenship Foundation immediately if you feel the competition rules have been breached at any time during the day. Wigs and Gowns You may be asked by your team to provide two sets of wigs and gowns for the student barristers/advocates to wear on the day of the Regional Heat. We understand that this may be difficult but wigs and gowns are an important part of the Regional Heat. They allow the students to fully take on the role of barrister/advocate. If you have any problems providing wigs and/or gowns then please contact your Regional Co-ordinator. f there are not enough wigs and gowns for both student barristers/advocates on both sides to wear during a particular round, no wigs and gowns will be worn. National Final If your team is successful at the Regional Heat, they will go forward to the National Final to be held in March 2009.Teams are asked to prepare a second case for the National Final and they will be extremely grateful for your continuing support during their preparations. Page 7

9 Volunteer s Timetable September Your Regional Co-ordinator will provide you with the name and contact details of the school to which you have been allocated. Only schools that have requested barrister/advocate assistance will be allocated help. They will also provide you with a set of case materials and a School s Guide. September & October The school should initiate first contact but if you have not heard from them by the end of September please phone or fax the teacher. A visit to your school and a visit by the team to a local court should be arranged for sometime in September and/or October. If by the middle of October a school visit has still not been arranged, then please inform your Regional Coordinator and the Bar Mock Trial Project Officer November Regional Heat takes place. Volunteer barristers/advocates should attend to support their team. March National Final takes place. Programme of the Day 9.15am 9.35am 9.45am 10.55am 11.15am 12.25pm 1pm 1.15pm 2.25pm 2.45pm 4pm 4.15pm Schools and guests arrive at the court. Teams have a chance to meet each other, representatives from the Citizenship Foundation and the legal profession. Welcome speeches and housekeeping matters. Round 1: All teams present Case 1 (R v Jones). Court Reporters go to a designated court to report on the case. Round 1 ends. The clerk should hand scores to the Citizenship Foundation Representative. Refreshments will be served. Court Reporters begin writing up their reports. Round 2: All teams present Case 2 (R v Millar). Round 2 ends. The clerk should hand scores to the Citizenship Foundation Representative. Lunch only drinks are provided, and schools, unless separately advised, are requested to bring their own lunch. Lunch is provided for volunteers (Am I right in thinking this?!?) Court Reporters should hand in their reports to the Citizenship Foundation Representative. Round 3: All teams present Case 1 (R v Jones). Round 3 ends. The clerk should hand scores to the Citizenship Foundation Representative. Finalist schools announced. FINAL: Finalist schools present Case 2 (R v Millar). Short prize giving ceremony. Day finishes. Page 8

10 Team rules The majority of schools/colleges use sixth form students for the competition. It is best that the team is made up of students between the ages of 15 and 18. Please note that all participating students must be 18 or under on the 31 st August Students are expected to complete the work independently. Teachers should only give tips to help them A note on gender As the characters in the cases can either be masculine or feminine, please be aware that in the actual mock trial, students may have to change their notes according to the gender of the students they are competing against. Rules for the Barrister roles Each team requires two Barristers in each trial. You can either use the same two Barristers for all three trials (although this would require a lot of work and commitment from these two students) or different students from the whole team can be used in each trial. You can divide the roles in any way you like but the two Barristers should take on the same amount of work. Each Barrister must do one speech, one cross-examination and one examination in chief in each trial. Key rules during the trial Students should not read excessively from scripts or pre-prepared notes, if they do so marks will be deducted. In addition it is much easier to perform well if students can act spontaneously; reading from rigidly prepared notes/scripts may mean that their performance is not as true to life. They can use notes during submissions but reading from scripts may result in marks being deducted. Students must keep within the time limits set, the judge is aware of the time limits and if students go noticeably over that limit marks will be deducted. Students should not introduce new evidence (that is not contained in the witness statements) nor should they ask questions which are impossible to answer from the information given, 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. If they do this marks will be deducted. The judge s decision on the day of the heat is always final; unlike in real life we do not have a Court of Appeal. It is impossible to change the scores after the event. Disqualifying teams is not in the ethos of the competition. We try at all times to promote inclusion. In addition the Regional Heat would be severely disrupted and other participating schools would be adversely affected if a team were disqualified on the day. Teams will not be disqualified on the day if they breach the competition s rules, they will continue to participate. In the event that such a team should win their league it will be at the Heat Administrator s discretion as to whether they should progress to the Regional Heat final on the day. Page 9

11 Order of Procedure Please note that whenever you are required to speak you should stand up. Role Event (Spoken line in bold type) Timing (minutes) Fill in the team identification slip and put it on the judge s bench Usher Go to collect the judge from his/her chambers (usually situated behind the courtroom). Lead judge into courtroom and as the judge enters say Court rise All Everyone should stand up. Judge Bows to the court, the lawyers and court staff should bow in return. The judge sits. All The rest of court should sit. Usher to sit in body of the court. asks the Defendant to stand and identifies them by asking him/her Are you.? Defendant Yes You are charged with... (Insert the name of the offence from the indictment) in that you (then read out the particulars of the offence leaving out the Defendant s name). Do you understand? Defendant Yes Do you plead guilty or not guilty? Defendant Not-guilty Ask the Defendant to sit down Clerk swears in the jurors by asking the jury to stand and read the following declaration which the jurors should repeat together: Please repeat after me, I will faithfully try the Defendant and give a true verdict according to the evidence. After the jury has affirmed say Please be seated. Jury Sits CASE FOR THE PROSECUTION Prosecution Barrister May it please you, your Honour, I appear for the prosecution with my learned friend Miss/Mr (insert name of the other prosecution Barrister) My name is (insert your name). My learned friends Miss/Mr (insert name of defence Barrister 1) and Miss/Mr (insert name of defence Barrister 2) represent the Defendant. Make the opening speech. (Calls first prosecution witness) If it pleases you, your Honour, I would like to call the first prosecution witness, Miss/Mr. (insert name of prosecution witness 1) 3 Page 10

12 Usher Leads first prosecution witness to witness box. Asks them to repeat this affirmation I promise to tell the truth, the whole truth and nothing but the truth. First Prosecution Repeats the affirmation witness Prosecution Barrister Examination in chief of first prosecution witness 4 ½ Defence Barrister Cross-examination of the first prosecution witness 4 ½ Usher Leads witness back to his/her seat Prosecution Barrister Calls second prosecution witness Usher Leads witness to the witness box and asks them to repeat the affirmation Second Prosecution Repeats the affirmation witness Prosecution Barrister Examination in chief of second prosecution witness 4 ½ Defence Barrister Cross-examination of the second prosecution witness 4 ½ Usher Leads witness back to his/her seat Prosecution Barrister Asks the to read the Section 9 statement(s) Read the Section 9 statement(s) Prosecution Barrister That is the case for the prosecution CASE FOR THE DEFENCE Defence Barrister Make the opening speech. 3 (Calls defendant witness) If it pleases you, your Honour, I would like to call the Defendant, Miss/Mr. (insert name of the Defendant) Usher Leads Defendant to the witness box and asks them to repeat the affirmation Defendant Repeats affirmation Defence Barrister Examination in chief of the Defendant 4 ½ Prosecution Barrister Cross-examination of the Defendant 4 ½ Usher Leads defendant back to his/her seat Defence Barrister Calls second defence witness Usher Leads witness to the witness box and asks them to repeat the affirmation Second defence Repeats the affirmation witness Defence Barrister Examination in chief of second defence witness 4 ½ Prosecution Barrister Cross-examination of the second defence witness 4 ½ Usher Leads witness back to his/her seat Defence Barrister That is the case for the defence Prosecution Barrister Makes closing speech 5 Defence Barrister Makes closing speech 5 CONCLUSION OF TRIAL Judge Summing up 4 I shall keep this jury in a private and convenient place. I shall suffer no one to speak to them to them nor shall I Page 11

13 speak to them myself except with leave of the court, save to ask them whether they have agreed upon their verdict. Lead jury to their retiring room outside the court until they have reached their decision (maximum of 5 minutes). Stay outside the retiring room door until they have reached their verdict. Jury Follow to retiring room. Decide upon a verdict using the verdict worksheets. Elect a foreman who will announce the verdict to the court. Usher Court rise. Lead judge to his/her chambers Judge Leaves courtroom When jury have reached a verdict lead them back into the courtroom Usher Go to collect the judge. Court rise, lead judge back into the courtroom Ask the Defendant to stand and then ask if the jury have reached a verdict. Jury (foreman only) Announces verdict We find the Defendant (insert guilty/not- guilty as appropriate) Judge Comments on performance of Barristers, witnesses and court staff and announces the winner. Puts score sheet in a sealed envelope. Collect the envelope containing the score sheet from the judge and hand it to the Citizenship Foundation Representative. 5 Page 12