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Running a Mock Trial in the Classroom A guide and materials for teachers and students

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Page 1: For Mock Trial

Running a Mock Trial in theClassroomA guide and materials for teachers and students

Page 2: For Mock Trial

Running a Mock Trial in the Classroom

© Citizenship Foundation 2011 2Charity Reg No. 801360

IntroductionMock trials are an excellent way to introduce students to the workings of thecriminal justice system in a practical and accessible way. The materials in thispack will help you to set up a mock trial with a class in curriculum time.

How realistic is it?It’s very difficult for a mock trial to be exactly like a real one because the procedure in court can be hard to follow and takes a long time. Therefore, it hasbeen simplified for this resource, with notes on the Student Resource Sheets explaining the differences. Even with these changes, the process gives young people a good understanding ofhow courts and the justice system works.

Court VisitsThis is an excellent way to reinforce the learning of a mock trial in class. You can find your local court at http://www.justice.gov.uk/contacts/hmcts/court-finder and contact the court manager directly to set up a visit.

Please note that children under the age of 14 can only attend a trial at the court’s discretion.

A detailed knowledge ofthe law is not required to usethis resource. If you know alocal barrister or solicitor theymay agree to help you to addsome ‘real life’ experience, but

this is not essential.

ContentsIntroduction.....................................................................................................................................................................................................2A Brief Guide to the Criminal Justice System in England and Wales..........................................................................................3Lesson Preparation and Delivery.............................................................................................................................................................5Procedure.........................................................................................................................................................................................................7Student Role Sheet: Judge.......................................................................................................................................................................10Student Role Sheet: Defendant..............................................................................................................................................................11Student Role Sheet: Witness...................................................................................................................................................................12Student Role Sheet: Lawyer....................................................................................................................................................................13Student Role Sheet: Court Clerk............................................................................................................................................................15Student Role Sheet: Usher.......................................................................................................................................................................16Student Role Sheet: Jury...........................................................................................................................................................................17The Case: R v Jackie Jones......................................................................................................................................................................18Adaptations and Optional Extras...........................................................................................................................................................26Like this? You might also like..................................................................................................................................................................26

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A Brief Guide to the Criminal Justice System in England andWales

How are laws made?Laws in England and Wales are made in two main ways:

Acts of Parliament (statutes)These are laws made after being debated and approved by both Housesof Parliament and signed (as a formality) by the Monarch. They usuallyrepresent what the government believes should be the law and are enforced by the courts.

Some of our laws now come from decisions made by the European Union (EU). All members of the EU haveagreed to adopt or abide by these laws and they will prevail over any conflicting laws that existed before.

The Scottish Parliament, National Assembly for Wales and the Northern Ireland Assembly also have powers tomake some laws for their region of the UK.

Judge-made law (case or common law)In the twelfth century the Monarch appointed a number of judges to travel around the country to settle disputesand enforce order. The decisions of the judges were recorded and became ‘case law’. If a case with similar factshas been decided in the past by equal or higher ranking judges, that decision must be followed. This is called a‘precedent’.

The most senior judges can change precedent in exceptional cases. This ensures that the law evolves in moderntimes. An example of this is the marital rape exemption (ie that a man cannot be convicted of the rape of hiswife) which senior judges ruled was no longer applicable in the 1991 case R v R.

The Judicial Appointments Commission is responsible for selecting judges in England and Wales. It was created in2006 following the Constitutional Reform Act 2005 and took over this role from the Lord Chancellor.

What types of laws are there?There are three main types of law:

Criminal lawsThese are laws that protect people and say how we must (or must not) behave. If we break these laws we arecommitting a crime. We can then be prosecuted, tried and punished by the State. Examples of these are the lawsagainst murdering people or stealing property.

Civil lawsThese are laws that govern private relationships between people. If these laws are broken, an individual can takelegal steps to remedy the problem, usually in the form of financial compensation. Examples of civil laws are consumer rights (eg being able to return faulty goods) and employee rights (eg taking an employer to a tribunalafter being sacked for no good reason).

Administrative lawsThese are laws which set out what public bodies (like the police, schools or local councils) can do and what theirresponsibilities are. They also set out ways in which citizens can complain or seek compensation if these bodiesact wrongly.

What is law?‘The enforceable body of rules

that governs any society.’(A Dictionary of Law: OUP

1997)

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Criminal casesCrimes are investigated by the police. If they think that someone should be taken to court and accused of committing a crime (‘prosecuted’) they will refer this to the Crown Prosecution Service (CPS). If the CPS lawyersthink there is enough evidence they will prosecute the person accused, who is known as the ‘defendant’.

All prosecutions start (and 95 per cent end) in a magistrates’ court. Magistrates decide whether a defendant isguilty or not based on the evidence presented to them and will sentence a defendent if they are found guilty(these are called ‘summary’ offences). For more serious cases (known as ‘indictable’ offences), the magistrateswill decide if there is a case to answer and if so, send it to be heard in a crown court with a judge and jury. Insome cases (known as ‘either way’ offences) a defendant can choose to be tried in a magistrates or crown court.

A jury is made up of 12 members of the public selected at random. In the crown court it is up to the jury to listento the evidence and decide whether the defendant is guilty or not guilty. The judge will advise the jury what thelaw is. If they decide that the defendant is guilty the judge will then decide what sentence to impose.

If the defendant thinks that the judge made a mistake when advising the jury about the law, they can ‘appeal’to the Court of Appeal. In very exceptional cases of public importance there may be a further appeal to the highestcourt – called the Supreme Court. The prosecution can also appeal in some cases if they think the sentence imposed was the wrong one but they cannot appeal against someone being found not guilty.

Key Questions of EvidenceThere are three key questions of evidence for the prosecution which are of vital importance in any criminal case.These are rules that were developed to ensure that the defendant gets a fair trial.

What is the ‘standard of proof’?A very high standard of proof is needed before someone can be found guilty. The magistrates or jury must be ‘really sure’ on the basis of the evidence they have heard in court that the defendant did what s/he is accused ofdoing. A defendant is presumed to be innocent until the prosecution proves that s/he is guilty. The defendantdoes not have to prove that s/he is innocent. So the courts say the ‘burden of proof’ is on the prosecution.

How do you prove something happened?The witnesses must give evidence of what they say happened without being ‘helped’ by lawyers in court. So thelawyer questioning a witness on his or her side must not suggest the answer to the witness (eg ‘did you see thedefendant stab the victim?’) These are called ‘leading questions’. Generally questions which can be answered ‘yes’or ‘no’ will fall into this category. A good way of avoiding leading questions is to make sure questions start ‘How…’,‘Where…’, ‘Why…’, ‘What…’ etc.

What about telling the court what other people said happened?This is not allowed. If the prosecution wants the court to believe that something happened they must provide evidence from someone with first hand experience of it. A witness cannot say: ‘My friend said that she saw himstabbing the victim’. This is called ‘hearsay’ evidence and cannot be used because it is unreliable.

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Lesson Preparation and Delivery

This pack is based on a trial in a crown court with a judge and jury.

TimeRunning a full mock trial with preparation and follow up discussion will take at least two hours. It is best organised in two one hour lessons or sessions. The first session should give students time to prepare for the trial,the second should include the actual mock trial and follow up acitivities/discussion. This might be longer for amore substantial follow up activity like writing a court report. You will need to plan carefully how best to split thestudents into groups, and the roles they should play. Bear in mind that the most challenging role is that of thelawyer.

SpaceThe room should be arranged to resemble a real court room. The diagram below provides a guide to the layout.Please note that courts vary in layout in real life, this is just an example.

In the resources for the lawyers, students are encouraged to avoid leading questions in their examinationin chief. While this is important in a real trial, it is not necessary to enforce this during a classroom mock trial. Ifyou are doing this as a pre-cursor to one of the Citizenship Foundation’s mock trial competitions however, youmight want to note which students have understood this as part of your team selection process.

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ParticipantsIn a class of thirty students, the following roles are suggested:

1 x Judge4 x Prosecution Lawyers4 x Defence Lawyers2 x Prosecution Witnesses1 x Defendant1 x Defence Witness1 x Court Clerk1 x Usher15 x Jury (possibly divided into groups of five to consider the verdict)

Alternatively, you may choose to reduce the size of the jury and have some students take on the role of court reporters and/or court artists. You could also have the lawyers work in pairs to support each other, as this is themost difficult role to prepare, or make the opening and closing speeches a separate role and have five lawyers oneach side. Depending on your class, it may be more appropriate for you or another adult to take on the role ofjudge. You can also omit the speeches if you wish.

MaterialsAll participants will need a copy of the procedure (pages 7 to 9), the guide for their character (pages 8 to 17) anda copy of the case (pages 18 to 25). You might choose to only give them the briefing and statement relevant totheir role. The students should be split into groups to prepare. This is outlined in the table below:

Group Members What they need to prepare

Prosecution Lawyer 1, Prosecution Witness 1(Hillary Green), Jury members x 2

Examination in chief of Hillary GreenOpening speech for the prosecution (optional)

Prosecution Lawyer 2, Prosecution Witness 2(Lesley Wogan), Jury members x 2

Examination in chief of Lesley WoganClosing speech for the prosecution (optional)

Defence Lawyer 1, Defendent (Jackie Jones),Jury members x 2

Examination in chief of Jackie JonesOpening speech for the defence (optional)

Defence Lawyer 2, Defence Witness (PatProud), Jury members x 2

Examination in chief of Pat ProudClosing speech for the defence (optional)

Prosecution Lawyer 3, Court Clerk, Jury members x 2

Cross examination of Jackie Jones

Prosecution Lawyer 4, Judge (if using a student), Jury members x 2

Cross examination of Pat Proud

Defence Lawyer 3, Usher, Jury member x 1 Cross examination of Hillary Green

Defence Lawyer 4, Jury members x 2 Cross examination of Lesley Wogan

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ProcedureThe times are for guidance only.

The judge is addressed as ‘Your Honour’.

Key: Action Reading / speaking

1 • Participants (except judge)Take their places

9 • JudgeAsks defendant to sit. Asks the prosecution lawyer to make their opening speech

2 • UsherSays ‘All rise’ and leads the judge intothe court

10 • Prosecution Lawyer 1Makes opening speech (approx 3 mins)

3 • ParticipantsStand as the judge enters

11 • Prosecution Lawyer 1Calls first prosecution witness by saying,‘Your Honour, I now call…’ (name of witness)

4 • ParticipantsEveryone sits, except the defendant

12 • UsherLeads first prosecution witness to the witness box

5 • ClerkAsks the defendant for their name and ifthey understand the charge.

13 • UsherSwears in the witness asking him/her torepeat, ‘I promise to tell the truth, thewhole truth and nothing but the truth’

6 • DefendantAnswers the clerk’s questions

14 • Prosecution Lawyer 1Examination in Chief of first prosecutionwitness (approx 4 mins)

7 • ClerkSays to the defendant: ‘Do you pleadguilty or not guilty?’

15 • Defence Lawyer 3Cross-examination of first prosecutionwitness (approx 4 mins)

8 • DefendantSays ‘Not guilty’

16 • JudgeCan ask the witness one question ifthey want to

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17 • UsherLeads the witness back to his/her seat

31 • UsherLeads defendant to the witness box

18 • Prosecution Lawyer 2Calls second prosecution witness by saying, ‘Your Honour, I now call…’(name of witness)

32 • UsherSwears in the defendant asking him/herto repeat, ‘I promise to tell the truth, thewhole truth and nothing but the truth’

19 • UsherLeads second prosecution witness to the witness box

33 • Defence Lawyer 1Examination in Chief of defendant (approx 4 mins)

20 • UsherSwears in the witness asking him/her torepeat, ‘I promise to tell the truth, thewhole truth and nothing but the truth’

34 • Prosecution Lawyer 3Cross-examination of defendant (approx4 mins)

21 • Prosecution Lawyer 2Examination in Chief of second prosecution witness (approx 4 mins)

35 • JudgeCan ask the defendant one question ifthey want to

22 • Defence Lawyer 4Cross-examination of second prosecution witness (approx 4 mins)

36 • UsherLeads the defendant back to his/her seat

23 • JudgeCan ask the witness one question ifthey want to

24 • UsherLeads the witness back to his/her seat

29 • Defence Lawyer 1Makes an opening speech (approx 3mins)

30 • Defence Lawyer 1Calls defendant by saying, ‘Your Honour,I now call…’ (name of defendant)

25 • JudgeAsks clerk to read statement of prosecution witness 3

26 • ClerkRead statement of prosecution witness3

27 • Prosecution Lawyer 1Says, ‘That is the case for the prosecution.’

28 • JudgeThanks the prosecution and asks thedefence lawyer to make their openingspeech.

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41 • Prosecution Lawyer 4Cross-examination of defence witness(approx 4 mins)

50 • UsherLeads the jury, when ready, back to theirseats in the courtroom

42 • JudgeCan ask the witness one question ifthey want to

51 • ClerkSays to jury: ‘Have you considered yourverdict?’

43 • UsherLeads the witness back to his/her seat

52 • Jury SpokespersonSays ‘Yes’

46 • Prosecution lawyer 2Makes closing speech (approx 3 mins)

53 • ClerkSays to jury: ‘Do you find the defendantguilty or not guilty?’

47 • Defence lawyer 2Makes closing speech (approx 3 mins)

54 • Jury SpokespersonSays ‘Guilty’ or ‘Not guilty’, dependingon the verdict

48 • JudgeSums up (4 mins max) and instructsjury to ‘retire and consider their verdict’

55 • JudgeIf not guilty, says: ‘[Name of defendant],you are free to go’; if guilty says: ‘TheCourt will now consider the sentencethat is appropriate’.

49 • JuryMoves to a separate room or area toconsider its verdict. One member to benamed as spokesperson (5 mins max)

39 • UsherSwears in the witness asking him/her torepeat, ‘I promise to tell the truth, thewhole truth and nothing but the truth’

40 • Defence Lawyer 2Examination in Chief of defence witness(approx 4 mins)

37 • Defence Lawyer 2Calls defence witness by saying, ‘YourHonour, I now call…’ (name of witness)

38 • UsherLeads defence witness to the witnessbox

44 • Defence Lawyer 1Says, ‘That is the case for the defence.’

45 • JudgeAsks lawyers to make their closingspeeches

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Student Role Sheet: Judge

You are in charge of the trial. You must make sure the trial is fair, like the referee of a football match.

Before the TrialRead through all the information in the caseNote down questions you would like to ask the defendant or the witnesses, if the lawyers do not ask themHelp the lawyer in your group with their questions and speech (if they are doing one).

During the TrialMake sure things happen in the right order, using the procedureMake sure everyone can hear what the lawyers and witnesses are saying;you can ask them to speak up (or quieten down!) if you need to.

Summing up at the end of the evidenceThe judge should briefly state the law and sum up the evidence the court has heard. The case contains an example of this. In the summing up:

You can only refer to evidence you have actually heard from the witnessesYou must refer to all witnesses equally to be fair to allYou mustn’t give your own opinionYou should say what the law is. A summary of the law is contained in the caseYou should tell the jury to consider whether they are really sure that, on the basis of the evidence, the defendantis guilty. Only if they are sure can the jury decide that the defendant is guilty. Otherwise they must find the defendant not guiltyAsk the jury to retire to consider their verdict.

You don’t have to ask the witnesses any questions if youdon’t want to. If you do, you canonly ask one question per witness.

I am working with...

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I need to help write an examination in chief/cross examination of...

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I do/don’t need to help write an opening/closing speech for the prosecution/defence

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Student Role Sheet: Defendant

You are accused of committing a crime. You have denied this and said you are not guilty. You will be giving evidence on your own behalf. The case contains your statement.

Before the TrialRead the outline of the case and your statementWork with your group to write the lawyer’s examination in chief ofyou.

During the TrialTry to act like the character you are playingFollow any instructions you are given by the judge, clerk or usherWhen asked by the clerk if you are guilty or not guilty, say ‘notguilty’Stick to the facts in your statementYou can take you statement with you to the witness box (thiswouldn’t happen in a real trial).

In a real trial...

A defendant doesn’t have to give evidence. But if they say they are ‘not guilty’and refuse to say why or offer any evidenceto show that they didn’t commit the crimethe jury or judge are ‘allowed to draw their

own conclusions’.

Defendants often do say new things incourt but if they weren’t covered in their

statement they may be regarded as ‘unreliable’ and let themselves down.

I am working with...

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I need to help write an examination in chief of...

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Student Role Sheet: Witness

There are two witnesses for the prosecution and two witnesses forthe defence (one of whom is the defendant). The case containsthe statement of each witness.

Before the TrialRead the outline of the case and your statementWork with your group to write the lawyer’s examination in chief of you.

During the TrialTry to act like the character you are playingFollow any instructions you are given by the judge, clerk or usherStick to the facts in your statementYou can take you statement with you to the witness box (thiswouldn’t happen in a real trial)If you are asked to describe what the defendant looks like you should base your description on the person playing that roleYou may sit in the room throughout the trialKeep your answers short and use your own words – don’t just recite what’s in your statement.

In a real trial...

Witnesses often do say new things incourt, but if these weren’t covered in theirstatement the witness may be regarded as

‘unreliable’.

Witnesses (except the defendant)usually have to wait outside until they havegiven their own evidence, so they are notinfluenced by what others have said in

court.

I am working with...

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The role I am playing is...

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I need to help write an examination in chief/cross examination of...

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I do/don’t need to help write an opening/closing speech for the prosecution/defence

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Student Role Guide: Lawyer

The Prosecution represents the Crown and present the case ontheir behalf. It is their job to ensure that the correct verdict isreached, not just a guilty one. The Defence represents the defendant and must stick to their version of events. Their job is toundermine the prosecution’s case and create reasonable doubt inthe minds of the jury as to the defendant’s guilt.

Lawyers need to:Make an opening or closing speech (This is optional and not alllawyers have to make one. Your teacher will tell you if you are)Complete an examination in chief (question) of one of his/her ownside’s witnesses or cross examine (question) one of the other side’s witnesses.

Before the TrialRead the outline of the case and the statement of the witness you are questioningWork with your group to write your examination in chief or cross examinationWork with your group to write your speech (if you need one).

During the trialYou can have copies of the witnesses statements with you and any notes you have made – but try not to justread out what you’ve written downDon’t give your own opinions.

Examination in Chief and Cross Examination

In a real trial...

There is only likely to be one lawyeron each side unless the case is very

serious or complicated. It is very rare forthere to be an opening speech by the

defence but we are including it in this mocktrial to help everyone understand legal

processes.

I am working with...

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The role I am playing is...

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I need to write an examination in chief/cross examination of...

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I do/don’t need to write an opening/closing speech for the prosecution/defence

Examination in chief of your witnesses should follow their witness statement. You should take the witnessthrough their statement, starting with their name and address, so that the court hears all the relevant evidence.

Cross-examination of the other side’s witnesses should try and highlight any weaknesses or inconsistencies intheir statement to show that they are unreliable or untrustworthy.

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Keep your questions short so they are easily understoodYou must not put words into the mouths of your own witnesses by asking questions which just require a ‘yes’ or‘no’ answer. This is called asking a ‘leading question’You mustn’t ask your witness to say what they heard someone else tell them. This is called ‘hearsay’ evidenceTry and be natural and conversationalBe prepared to change your prepared questions depending on the answers you getIf a witness says something inconsistent with their statement be ready to read the relevant part of their statement to them and ask them to explain why they want to change their accountAllow witnesses time to answer and don’t interruptTry not to be aggressive or sarcastic.

Opening SpeechesOpening speech by the prosecution:

Summarise the case against the defendantBriefly summarise what you will demonstrate to the court through the evidence of your witnessesDescribe the standard of proof that the prosecution has to meet. The standard of proof is that the jury must be‘really sure’ that the defendant is guilty.

Opening speech by the defence:Briefly confirm that the defendant claims s/he is not guilty and explain what the prosecution will have to proveand why this may be difficult for themExplain that you don’t have to prove that the defendant is innocent; it is for the prosecution to prove that s/he isguilty.

Closing SpeechesClosing speech by the prosecution:

Bring together the evidence given by the two prosecution witnessesComment on any weaknesses exposed by the defence during cross examination of their witnessesBriefly summarise what the law says about the offenceExplain why you say the jury can be sure that the defendant is guilty.

Closing speech by the defence:Explain and emphasise the weaknesses in the prosecution caseIf there are good points accept them but explain why they are not enough on their ownShow the jury why it is right to find the defendant not guilty as they can’t be reallysure that s/he committed theoffence.

No Hearsay EvidenceEvidence told to the witness by someone else iscalled ‘hearsay’ evidence. This cannot be relied on as it may be invented or incomplete. Itcould be challenged as it doesn’t come from theoriginal source.

No Leading Questions in Examination in ChiefA leading question is one that just requres a ‘yes’ or ‘no’ answer. If you ask a leading question and the judge spots its/he may ask you to rephrase the question. To avoid this ithelps if your questions start with: How-What-Where-Why-When. Leading questions can only be asked during cross-examination.

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Student Role Guide: Court Clerk

The Court Clerk is a court official and performs an essential role in seeing that everything runs smoothly.

Before the TrialRead the procedure and case to make sure you know what you need to do and when. This includes reading the

statement of prosecution witness 3, which you will have to read outHelp the lawyer in your group with their questions and speech (if they are doing one)

During the TrialStart the trial by announcing the case and asking the defendant to stand. Ask the defendant to state their nameand addressRead out the charge and ask the defendant whether they plead guilty or not guiltyRead out the statement of prosecution witness 3 when the lawyer asks you to. This is a section 9 statement,which means that everyone agrees with what the witness has said, but the court needs to hear the informationAsk the jury to tell the court their verdict.

I am working with...

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I need to help write an examination in chief/cross examination of...

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I do/don’t need to help write an opening/closing speech for the prosecution/defence

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Student Role Guide: Usher

The usher is a court official and performs an essential role in seeing that everything runs smoothly.

Before the TrialRead the procedure and case to make sure you know what you need to do and whenHelp the lawyer in your group with their questions and speech (if they are doing one)

During the TrialTell the judge when everyone is ready to start the trial. Ask everyone to stand when the judge enters and sitsdown.If the judge can enter from outside the classroom this will help establishthe formality of the trialLead each witness from and to the witness box when their turn comesand swear them in using the affirmation in the procedureMake sure that there are no disturbances during the trial (eg mobilephones or digital watches going off or people eating and drinking - therules are very similar to normal rules in classroom!)

This mock trial does not usethe Bible or other Books of Faith forthe purposes of ’swearing in’ thewitness. The oath used is based onthe secular oath which can be cho-sen in a real court by witnesses ofno faith.

I am working with...

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I need to help write an examination in chief/cross examination of...

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I do/don’t need to help write an opening/closing speech for the prosecution/defence

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Student Role Guide: Jury

The role of the jury is to decide whether the defendant is guilty or not guilty based on the evidence your hear incourt.

Before the trialHelp the lawyer in your group with their questions and speech (if they are doing one)

During the trialListen carefully to everything that’s said and observe how the witnesses behave when giving evidenceTake notes if you want to, you need to be ready to discuss whatyou have heard.

Making your decisionAppoint one member to be the spokespersonBriefly discuss the evidence you have heard, then vote on the verdictIf you all agree that is your decisionIf you don’t all agree you must discuss the evidence until a majority of you agree. Then that is your decisionIf after five minutes you are divided equally then a majority has not been convinced and you must find the defendant not guiltyWhen the jury has reached its decision it should tell the usher who will take you back into court.

In a real trial...

The jury has 12 members. The proceedings are entirely secret. The judge

will say at first that s/he wants a unanimous verdict. If a jury really cannotagree the judge may accept a majority

verdict, but it must be 10–2 or 11–1. If thejury still cannot reach a decision, the

defendant is discharged and may face a re-trial before a new jury.

I am working with...

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I need to help write an examination in chief/cross examination of...

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I do/don’t need to help write an opening/closing speech for the prosecution/defence

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The Case: R v Jackie JonesBriefing

Summary of the FactsThe defendant is charged with dangerous driving following a road traffic collision when the defendant’s car hit a cyclist causing serious leg injuries. The defendant had been driving on the wrong side of a central refuge at thetime of the collision. The prosecution’s case is that he/she was driving dangerously; the defendant’s case is thathe/she was overtaking a queue of stationery cars when the cyclist moved across the road without warning andwithout looking. The accident happened in daylight, in good weather and with dry roads.

The LawSection 2A of the Road Traffic Act 1988 provides that a person is to be regarded as driving dangerously if:

(a) the way he/she drives falls far below what would be expected of a competent and careful driver, and(b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.

‘Dangerous’ refers to danger either of injury to any person or of serious damage to property; in determining whatwould be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had notonly to the circumstances of which he/she could be expected to be aware but also to any circumstances shown tohave been within the knowledge of the accused.

IndictmentIn the Crown Court of Hillside

The Queenv.Jackie Jones

JACKIE JONES is charged as follows:

Statement of OffenceDangerous driving, contrary to Section 2 of the Road Traffic Act 1988.

Particulars of OffenceJackie Jones on the 27th day of June drove a mechanically propelled vehicle dangerously on a road, namely Hillside Road, Hillside.

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The Case: R v Jackie JonesStatement of Prosecution Witness 1

I am 15 years old today and a student at Hillside School. Today I got out of school late because I had a double detention.1

I was in a hurry to get home because my mother was taking me to collect a new computer for my birthday. I cycled along the Hillside pavement in the direction of Brookside. I had to cross Hillside Road and decided to do itat the central refuge just past Able Close.

I stopped at the kerb, looked both ways along Hillside Road and saw a line of stopped traffic going towards HillsideTown Centre on the far side of the road. There was no traffic coming from Hillside or Able Close so I decided tocross using the central refuge.

I was about half way to the central refuge when I was hit by a sports car coming from my left.2 I do not rememberanything more of the incident. I had both my legs broken but I have been told that I will make a full recovery.

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1 If questioned the double detention was given because the student failed to attend a road safety lecture.2 If asked, the witness did not hear any squeal of tyres before the accident.

Name: Hillary GreenAge: 15Date of birth: 27th JuneOccupation: StudentAddress: The Old Dairy, Hillside Farm, HillsideDate: 27th June

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The Case: R v Jackie JonesStatement of Prosecution Witness 2

I am a teacher at Hillside School and Hillary Green is one of my students. In the early evening today I was drivingon Hillside Road from Brookside towards Hillside Town Centre and I was stuck in the usual traffic jam. I was returning to school having forgotten my house keys. I saw Hillary Green riding his/her cycle along the footpathcoming from the direction of Hillside, he/she had just crossed Able Close. I thought that he/she was a bit latecoming home from school but then I remembered I had given him/her a double detention.3

When Hillary Green was about level with the central refuge and about 75 feet in front of me I saw him/her stop atthe kerb, look both ways and was clearly about to cross the road. He/she started out and at that moment a whiteMazda sports car pulled out of the line of traffic directly in front of me squealing his/her tyres as he/she did so.The driver started to drive on the wrong side of the road. He/she went on the wrong side of the central refuge,Hillary Green was about half way from the refuge and looking to his/her right, he/she could not see the whitesports car. I knew there would be an accident, and there was. The car hit Hillary Green, the bike flew in the air andHillary Green was knocked to the ground. I got out and went to see if Hillary was alright but another man/womanwas looking after him/her. I spoke to the driver of the white sports car and he/she said ‘I am sorry, it was my fault,I was late, I just did not see the bike’.4

It is my opinion that the driver of the white sports car drove dangerously and caused the accident.

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3 The witness has a feeling of guilt about the accident because if he/she had not given the double detention - onthe student’s birthday - the student would not have been riding home so late or in such a hurry.4 This may be given in evidence. The witness should remember these words or something tothe same effect.

Name: Lesley WoganAge: 32Date of birth: 19th MarchOccupation: Teacher at Hillside SchoolAddress: The School House, Montifierro Road, HillsideDate: 27th June

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The Case: R v Jackie JonesStatement of Prosecution Witness 3

(This statement will be read to the jury, there being nothing challenged in the statement and the defence have no questions to ask of the witness).

I was on duty today and driving along Hillside Road towards Brookside when I came across the scene of a roadtraffic accident just past Able Close, involving a white Mazda sports car and a bicycle, both of which had beenmoved by the time I arrived. I spoke to the driver of the white Mazda, who gave his/her name as Jackie Jones, of32 Able Close, Hillside. He/she said that he/she had been about to turn into Able Close when the cyclist suddenlyturned into the road with no warning, leaving no way to avoid the accident.

The cyclist, named Hillary Green, had been moved off the road on to the pavement and was being tended to byanother motorist. I saw that he/she had injuries to both legs, and I called an ambulance.

I later prepared a sketch plan of the road layout at the scene of the accident, which I now produce.

Name: PC ParsonsAge: 43Date of birth: 26th JuneOccupation: Police Constable, Hillside Police

Department, HillsideAddress: The Ironmongers Cottage, Station Walk,

HillsideDate: 27th June

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Sketch showing road layout of Hillside Road/Able Close

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The Case: R v Jackie JonesStatement of the Defendant

I took delivery of my new Mazda sports car, today from the garage, Brookside Mazda, and I was driving homealongside Hillside Road. I live at 32 Able Close and I got stuck in the usual traffic jam. I am very familiar with theroad, as I drive it every day. If I get stuck in traffic when I get close to my turning I have a habit of pulling out to theother side of the road and driving up the right side of the road up to the right hand turn of Able Close. When I dothis I am very careful to look for oncoming traffic; I usually do it at the point where there is a central refuge so thatI would get some warning of any pedestrians crossing between the stopped cars on my left. This dodge saves meseveral minutes and I have done it lots of times without any incident.

Today I did my usual dodge. I looked first and checked that there was no traffic coming from Hillside Town centre;the only traffic coming towards me was a youth on his/her cycle but he/she was on the pavement, riding veryhard and fast. As the way was clear, I pulled out onto the other side of the road5 and started to drive, carefully, towards my turning (Able Close). When I was almost level with the cyclist he/she turned from the pavement intothe road right in front of me without looking. There was no warning, and nothing I could do. I hit the youth andknocked him/her off his/her cycle. I got out, I could see he/she was hurt but another motorist was helpinghim/her. I spoke to another motorist, who seemed a little shocked but he/she did say he/she knew who the cyclist was.6 I remember a policeman attending the scene afterwards; I think I may have spoken to him/her, but Ido not remember any details of the conversation.

The youth on the cycle was at fault; he/she caused this accident because he/she did not stop or look before leaving the pavement and crossing into the road.

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5 The witness will deny squealing his/her tyres or making any sudden manoeuvre.6 If asked, Jones will deny making any admission of fault; his/her version of what he/she said is ‘the boy/girl wasin a hurry and didn’t see me’.

Name: Jackie JonesAge: 35Date of birth: 26th JuneOccupation: Management Consultant, Unichip, HillsideAddress: 32 Able Close, HillsideDate: 27th June

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The Case: R v Jackie JonesStatement of the Defence Witness

I live on Hillside Road near to, and on the same side as Able Close. Today I was cleaning the inside of my upstairswindows when I saw Hillary Green coming home from school. He/she was riding on the pavement which issomething I am always telling him/her off about.

I thought of opening my window to tell him/her off again, but he/she was going too fast and would not haveheard me.7 He/she was about level with my house when he/she looked over his/her right shoulder for oncomingtraffic and turned into the road to cross. I did not see him/her look left as he/she did so. In the past I have toldhim/her off about that as well but he/she always says that traffic can only come from the right at that spot. Todayhe/she was wrong and a white sports car had no chance and there was a crash.

The white sports car was driving fairly slowly and carefully.8 It was signalling as if to turn into Able Close. I haveseen other cars drive on the wrong side of the road at this point in order to jump the line of traffic and turn intoAble Close; I have never seen this particular car do this manoeuvre before.

There has never been an accident at this spot in the 10 years I have lived here.

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7 The witness is the founder and chair-person of HiCCuP, the Hillside Campaign for Cycle-free Pavements, and con-siders Hillary Green to be a continual nuisance to pedestrians.8 If asked, the witness heard no squeal of tyres.

Name: Pat ProudAge: 39Date of birth: 14th AprilOccupation: Investment Banker with Goldham Sachs,

LondonAddress: 3 Hillside Road, HillsideDate: 27th June

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The Case: R v Jackie JonesExample Judge’s Summing Up

Members of the Jury, my job is to explain the law to you and to sum up the evidence you have heard. It is yourjob to weigh up all the evidence you have heard and decide whether you believe the defendant Jackie Jones isguilty or not guilty. You should try and reach a decision that you all agree on. If this is not possible in the time available I will accept a majority decision. If you are evenly divided you must find the defendant not guilty.

You must remember that it is the job of the prosecution to prove, so that you are really sure, that Jackie Jones isguilty. It is not for Jackie Jones to prove that s/he is not guilty. Jackie Jones is accused of dangerous driving whichcaused an accident that injured Hillary Green.

You have heard that Hillary Green was cycling across Hillside Road trying to reach the central reservation. HillaryGreen said s/he looked both ways before crossing. S/he did not see anything. Half way across a car coming fromthe left on the wrong side of the road hit him/her and s/he suffered two broken legs. Hillary Green’s teacher, Lesley Wogan told you the s/he saw Hillary Green crossing the road. S/he says s/he saw Hillary look both ways before crossing. Pat Proud said s/he saw Hillary only look one way. You must decide whose evidence you believe.

Lesley Wogan also told you that s/he saw a white Mazda pull out of a line of traffic and drive up on the wrong sideof the road. S/he saw the Mazda hit Hillary Green. S/he says spoke to the driver who said s/he was sorry and admitted that it was his/her fault.

Jackie Jones told you that s/he was used to driving this route and was aware that s/he had to drive carefully whenpreparing to turn right into Able Close. S/he admitted to you that s/he drove on the wrong side of the road buttold you that s/he was very conscious of looking out for pedestrians crossing. S/he told you that on 27th Junes/he was driving a new car. When s/he was nearly at her turning a cyclist rode off the pavement and into her path.S/he did not remember saying that s/he admitted that it was his/her fault.

Pat Proud told you that s/he saw Hillary Green riding on the pavement and turn into the road to cross it but onlylooked right. S/he told you s/he had warned Hillary about this in the past. Pat Proud also told you that the Mazdawas driving on the wrong side of the road but that it was being driven fairly slowly and carefully and had signalledits intention to turn.

You must consider whether, on the evidence you have heard, Hillary Green looked both ways before crossing theroad or not. You must also decide whether Jackie Jones who, as s/he admitted, was driving on the wrong side ofthe road, was driving below the standard of a competent and careful driver and that it must have been obvious tohim/her that driving in that way would be dangerous.

If you believe Hillary acted entirely safely and responsibly you should find the defendant guilty. If you think Hillarycould have been more careful you must decide whether Jackie Jones was driving safely. In this case, if you believethe accident still would have happened even if Hillary had been careful because Jackie was not driving safely, youmust find him/her guilty. If you think Jackie was driving carefully, and the accident only happened because HillaryGreen did not look both ways before crossing the road, you must find him/her not guilty.

I would now ask you to retire and consider your verdict.

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Adaptations & Optional Extras

AdaptationsIf you have students with literacy difficulties, you could reduce the statements to 4-5 key bullet pointsYou could fully script the mock trial, and turn it into a drama activityInstead of running a full trial, students could complete a ‘We the Jury’ activity, where they are given scenariosand asked to decide if they would find the defendant ‘guilty’ or ‘not guilty’. You can find example cases in mostGCSE and A Level Law text books

Optional ExtrasAs a follow up activity, students could decide on a sentence for Jackie Jones if s/he was found guilty. You canfind sentencing guidelines at http://sentencingcouncil.judiciary.gov.uk/index.htmStudents could be asked to write a court report about their mock trial, or an evaluation of how it went

Liked this? You might also like...The Citizenship Foundation offers a range of other resources and projects that support legal education which areoutlined below. Please visit www.citizenshipfoundation.org.uk for more information about them.

Magistrates’ Court Mock Trial CompetitionIn this national competition, schools compete in live mock trials at real magistrates’ courts. For students aged 12-14in non-fee-paying schools in England, Wales and Northern Ireland.

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Young Citizen’s PassportThis book explains, as simply as possible, those parts of the law that have most relevance to the everyday life ofyoung people in England and Wales.

Running your own crown court mock trial competitionThis pack contains everything you need to set up your own crown court mock trial competition within your schoolor against other schools in your local area. The materials in this pack are based on our highly successful Bar National Mock Trial Competition

Running your own magistrates’ court mock trial competitionThis pack contains everything you need to set up your own magistrates’ court mock trial competition within yourschool or against other schools in your local area. The materials in this pack are based on our highly successfulMagistrates’ Court Mock Trial Competition

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Your Rights and ResponsibilitiesA two-part series looking at young people's rights & responsibilities and the role of law in society.