Running a Mock Trial - PDST a Mock Trial.pdf · 2020-02-27 · in a real courtroom setting. Feedback The Citizenship Foundation welcomes feedback on how this material works in practice

Citizenship Foundation,Ferroners House,Shaftesbury Place, Aldersgate Street,London EC2Y 8AA.

1 © The Citizenship Foundation, 2003. [email protected]. www.citizenshipfoundation.org.uk

1: Introduction............................................................................................................................................. 22: The value of mock trials ...................................................................................................................... 43: The Criminal Justice System ............................................................................................................... 54: Running a mock trial based on a crown court Trial .................................................................... 85: Suggested procedure guide ............................................................................................................. 116: Guidance Notes for Participants ..................................................................................................... 157: Adaptation based on a trial in a Magistrates’ court ..................................................................25

Additional activities8: The Importance of Evidence and writing a press report .........................................................269: Sentencing .............................................................................................................................................38

The caseR v Jones: dangerous driving ............................................................................................................... 42

Running aMock TrialA guide and materials for teachers,participants and organisers

Tel: 020 7367 0500Fax: 020 7367 0501Email: info@citizenshipfoundation.org.ukwww.citizenshipfoundation.org.uk

The Citizenship Foundation is a charity registered in England, No. 801360.


The pack also includes suggestions for twosmaller scale activities, around the issuesof considering the evidence andsentencing.

Court visitsThe pack can be used with Judges andSchools – A Guide to Court Visits, which isavailable free from the Department forConstitutional Affairs (see below).

Running a mock trial or the smaller scaleactivities can be a good way of preparingfor or reinforcing the value of a court visit.But a court visit is not essential and muchfun and good experience can be gained byusing these materials on their own.

How realistic is it?For the sake of convenience andpracticality the suggested mock trialdescribed in this guide does not followexactly the procedure that would befollowed either in a Magistrates Court or inthe Crown Court. The notes indicate themain areas where real procedures aredifferent. Otherwise the procedure and thelanguage is as realistic as possible.

In particular, it is not necessary for there tobe a jury of twelve people who wouldnormally be present in a Crown Court.Schools and groups can use a number ofsmaller juries or a much larger one. The

1: INTRODUCTIONTHE MATERIAL IN THIS PACK DESCRIBES HOW TO RUN A MOCK TRIAL OFA CRIMINAL CASE, IN LESSONS OR AS PART OF AN EXTRA CURRICULARGROUP ACTIVITY.

jury listens to the mock trial and discussesthe evidence and the guidance indicateshow to do this.

This pack includes:

The value of mock trialsA note for teachers or group organisers

A brief introduction to the CriminalJustice System in England and Wales

Suggested preparation and organisationfor a Mock Trial

Guidance notes for each of theparticipants:♦ The judge(s)♦ Four lawyers (two on each side)♦ One defendant (i.e. the person accused

of the crime)♦ Three witnesses;♦ One clerk and one usher (groups can

vary the numbers if they wish)♦ Jury members♦ A suggested procedure and timetable♦ A case to be tried – this includes: a

summary of the facts; a brief summaryof the relevant law; four witnessstatements (two for the prosecutionand two for the defence); statements ofagreed facts to be read to the court; aspecimen Judge’s summing up.


The pack also includes:♦ An activity looking at the issue of

considering all the evidence♦ A sentencing activity.

Other resources♦ The Guide to Court Visits describes how

to get the most out a group visit to aCrown or County Court. It also hasmuch useful information about our legalsystem and what goes on in court evenif you can’t arrange a court visit. To ordercopies of ‘Judges and Schools – A Guideto Court Visits’ telephone 08456022260 or email: [email protected] it can be downloaded fromhttp://www.lcd.gov.uk/judicial/schools/judgesandschools.htm.

♦ Other cases for use in mock trials canbe obtained from The CitizenshipFoundation for a small charge.

♦ The Citizenship Foundation also runstwo national Mock Trial competitionswhich take place in real courts withMagistrates and Judges officiating – onefor 11-14 year olds (the Magistrates’Court Mock Trial Competition) and onefor 15-19 year olds (the Bar NationalMock Trial Competition set in theCrown Court). Details aboutentering can be obtained fromthe Citizenship Foundation.

♦ The Galleries of Justice inNottingham alsoprovides mock trial

INTRODUCTION(…continued)

A detailed knowledge of the law isnot required to use this material. Ifyou know a local barrister orsolicitor they may agree to help youto add some ‘real life’ experience,but this is not essential.

guidance and cases (some historicaland some contemporary) and facilitiesfor groups to participate in a mock trialin a real courtroom setting.

FeedbackThe Citizenship Foundation welcomesfeedback on how this material works inpractice and how it could be improved.Please contact us by letter or email([email protected]).


The citizenship component of the NationalCurriculum expressly requires a knowledgeof the criminal justice system and thedevelopment of skills of enquiry,communication, participation andresponsible action. These are all assistedby running a mock trial.

2: THE VALUE OF MOCK TRIALS

An understanding of what law means inour society and the role the law plays inour everyday lives is a crucial part ofbeing an informed and effective citizen.

Preparing for and participating in a mocktrial will help introduce students to ourlegal system. It provides some knowledgeof the basic structure of the criminal justicesystem and court procedures in Englandand Wales.

Many people we may know, or who weread or hear about in the newspapers andon TV, have to go to court for one reasonor another. Students will be better able toassess what is really going on when thishappens; it isn’t always as it is talkedabout, reported or shown in films and TVserials.

Mock trial participants develop skills oflistening, reasoning, speaking, and thinkingclearly on their feet. They also demonstratethe value and importance of preparationand fair presentation, particularly whensomeone’s guilt or innocence is inquestion.

Under our legal traditions, which are nowenshrined in the Human Rights Act 1998,anyone who is accused of committing acriminal offence is entitled to:♦ have a fair trial held in public, and♦ be treated as “not guilty” until they are

proved guilty on the evidence.


3: THE CRIMINAL JUSTICE SYSTEMA BRIEF INTRODUCTION TO THE CRIMINAL JUSTICE SYSTEM IN ENGLANDAND WALES AND THE KEY RULES OF EVIDENCE.

country to settle disputes and enforceorder. The decisions of the Judges over theyears were recorded and form a body of“case law”. If a case, with the same ornearly the same facts, has been decided inthe past by equal or higher ranking Judges,that decision must be followed. This iscalled a “precedent”. In this way theJudges attempted to standardise the lawacross the country, and it became knownas the “Common Law”.

In exceptional cases the most SeniorJudges can now-a-days agree not to followwhat other Senior Judges have done in thepast. So, in this way, the Judge-made lawcan keep up to date with the changingtimes.

Judges today are appointed by the LordChancellor – the most senior judge of all –who is also a Government Minister. TheGovernment announced in June 2003 thatthis system will change. The office of LordChancellor will be abolished and anindependent body will be created toappoint Judges and Magistrates.

How laws are madeOur laws are made in two main ways:

Acts of Parliament (Statutes)These are laws made after being debatedand approved by both Houses ofParliament and signed (as a formality) bythe Queen or King. They usually representwhat the Government of the day believesshould be the law. These laws are thenenforced through the courts.

Some of our laws now come fromdecisions made by the European Union(EU). All members of the EU have agreedto adopt or abide by these laws and theywill prevail over any conflicting laws thatexisted before.

The Human Rights Act, which was passedin 1998, is a special form of law that setsout some fundamental rights andfreedoms that we can all enjoy. All otherlaws (including EU laws) must, whereverpossible, be applied so as to respect thesefundamental rights and freedoms.

The Scottish Parliament and the NorthernIreland Assembly also have some power tomake laws which will apply in their regionof the UK.

Judge-made law (or Case law)In the twelfth century the King appointeda number of Judges to travel around the

“The enforceable body of rulesthat governs any society.”

A Dictionary of Law: OUP 1997

What is law?


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

Criminal lawsThese are laws which say how we mustbehave (or not behave) in order to protecteveryone in the community. If we breakthese laws we are committing a crime. Wecan then be prosecuted, tried andpunished by the State. Clear examples arethe laws which make it a criminal offenceto steal from or murder another person.

Civil lawsThese are laws that say how we mustbehave or not behave in non-criminalcases and in our relationships with eachother. If we break these laws the otherperson involved (and not the State) cantake legal steps to obtain their rights or toremedy what we have done. Very oftenone person is looking for financialcompensation from another. Clearexamples are the laws that govern buyingsomething that doesn’t work or that applywhen an employer sacks an employee.

Administrative lawsThese are laws which set out what publicbodies (like the police, schools or localcouncils) can do and what theirresponsibilities are. They also set out waysin which citizens can complain or seekcompensation if these bodies act wrongly.

Criminal casesCrimes are investigated by the police. Ifthey think that someone should be takento court and accused of committing acrime (“prosecuted”) they will refer this toa Government department, which employs

lawyers called the Crown ProsecutionService.

If these lawyers think there is enoughevidence they will prosecute the personaccused, who is known as the“Defendant”.

All prosecutions start in the Magistrates’Court. The less serious cases (95% of allprosecutions) will be heard by Magistrateswho will decide, on the basis of theevidence presented to them, whether theDefendant is guilty or not guilty; if theyfind the Defendant is guilty they willdecide what sentence should be imposed.

In more serious cases (e.g. robbery,assault, murder) the Magistrates willdecide whether there is a basic caseagainst the Defendant on the face of theevidence and, if so, will send it to be heardin the Crown Court by a Judge and Jury.In some cases (theft, for example) aDefendant may be able to choose whichcourt (Magistrates or Crown Court) s/hewishes to be tried in.

A jury is made up of 12 members of thepublic. Every citizen over 18 must beprepared to act as a juror although someexceptions can be made. In the CrownCourt it is up to the Jury to listen to theevidence and decide whether theDefendant is guilty or not guilty. The Judgewill advise the Jury what the law is. If theydecide that the Defendant is guilty theJudge will then decide what sentence toimpose.

If the Defendant thinks that the Judge


made a mistake when advising the Juryabout the law, the Defendant can “appeal”to the Court of Appeal. In very exceptionalcases of public importance there may be afurther appeal to the highest court – calledthe House of Lords. This is a special groupof very senior judges who have beenappointed to sit as judges in the House ofLords. The Government has announcedthat it plans to create a Supreme Court toreplace the senior judges sitting in theHouse of Lords.

The prosecution can also appeal in somecases if they think the sentence imposedwas the wrong one but they cannot appealagainst someone being found not guilty.

A useful guide to what goes on inside aCrown Court can be found in Judges andSchools – a Guide to Court Visits (seethe Introduction for more details).

Key Questions of EvidenceThere are three key questions of evidencefor the prosecution to consider which areof vital importance in any criminal case.These are rules that were developed toensure that the Defendant gets a fair trial.

What is the ‘Standard of proof’?A very high standard of proof is neededbefore someone can be found guilty. TheMagistrates or Jury must be “really sure” onthe basis of the evidence they have heardin court that the Defendant did what s/heis accused of doing. It used to bedescribed as being satisfied “beyondreasonable doubt”.A Defendant is presumed to be innocentuntil the Prosecution proves that s/he is

guilty. The Defendant does not have toprove that s/he is innocent. So the courtssay the ‘burden of proof’ is on theProsecution.

How do you prove somethinghappened?The witnesses must give evidence of whatthey say happened without being “helped”by lawyers in court. So the lawyerquestioning a witness on his or her sidemust not suggest the answer to thewitness (e.g. “did you see the defendantstab the victim?”). These are called“leading questions”. Generally questionswhich can be answered “yes” or “no” willfall into this category. A good way oftesting is to make sure questions start“How…”, “Where…”, “Why…”, “What…”etc. This helps to avoid asking leadingquestions.

“Leading Questions” can be askedduring cross-examination of theOpposition’s witnesses, but theydon’t usually serve much purpose.

What about telling the Court what otherpeople said happened?This is not allowed. If the prosecutionwants the court to believe that somethinghappened they must provide evidencefrom someone with first hand experienceof it. A witness cannot say: “I heard myfriend said that she saw him stabbing thevictim“. This is called “hearsay “ evidenceand will be ruled out of order. Thetraditional view is that there is just toomuch risk that it will not be reliableenough or that it will be invented.


4: RUNNING A MOCK TRIAL BASEDON A CROWN COURT TRIAL

TimeRunning a full mock trial with preparationand follow up discussion will take approx.two hours. It is best organised in twolessons or sessions.

SpaceThe room should be arranged to resemblea real court room. The diagram belowprovides a guide to the layout of a realcourtroom.

This pack is based on a trial in a CrownCourt with a Judge and Jury. You can useyour discretion to alter the numbers ofJudges to suit the circumstances.

An adaptation for a Magistrates’ Courtusing three Magistrates and no jurymembers is set out in Section 7.

LAWYERS FOR THE PROSECUTION

LAWYERS FOR THE DEFENCE

CLERK

JUDGE

WITNESS

USHER

FIRST JURY

OTHER JURIES

DEFENDANTPRESS

&PU

BLIC


ParticipantsYou will need a Judge, one defendant,three witnesses, four lawyers, a court clerkand an usher. Students who do not have aspeaking role play the parts of Jurymembers. They can be divided into groupsof around six who will discuss the case atthe appropriate time.

We suggest the Judge is played by ateacher or group leader, or perhaps by avisiting lawyer who is helping you with themock trial.

MaterialsAll participants and observers will need acopy of the Procedure Guide (Section 5)and the participants will need theparticipant’s guide for their character(Section 6). It may be helpful for theparticipants to understand the roles of allthe characters so you may wish to handout all the participants’ guides.


Session one♦ Outline the case and the roles people

will play.♦ Briefly describe the procedure for the

case.♦ Introduce the Criminal Justice System

(Section 3) and discuss the variouspoints if you wish.

♦ Distribute the Procedure Guide (Section5) and Participants’ Guides (Section 6)for the individual characters.

♦ Allow time for the students to prepare.♦ Observers or jury members can review

one of the supplementary activities orstudy the Participants’ Guides so thatthey can follow what is going on.

♦ Some students could be asked toprepare a newspaper or TV report of theproceedings.

Session two♦ Make sure the room is set up correctly.

The job could be given to the Clerk andthe Usher.

♦ Run the trial to the point where theaccused is found guilty or not guilty bythe jury (or juries).

♦ If the accused is found guilty by the jury(or any of them) involve the wholegroup in considering the sentence.(Seethe sentencing activity in Section 9 fordifferent types of sentences and thereasons for choosing them.)

♦ Follow up with a discussion of theexperience. If the group has made acourt visit discuss how it compared; ifnot consider whether the group would

INTRODUCING THE MOCKTRIAL TO THE GROUP

now like to do so. See if there are otheraspects that the group would like tofollow up. The book Judges andSchools – A Guide to Court Visitsincludes a number of discussion pointsand other activities (see theIntroduction).

If the accused is found not guilty thegroup could assume they were foundguilty and consider the sentenceanyway or follow up with thesentencing activity (Section 9)

The Citizenship Foundation welcomesfeedback. If the group writes a report onthe activity we would be grateful toreceive a copy.


5: SUGGESTEDPROCEDURE GUIDEThis procedure should be adapted if you decide to have only one speech on each sidefrom the lawyers. This would involve cutting out step 30 (opening Defence speech)and step 44 (closing Prosecution speech). The times given are for guidance only.

The judge is addressed as “Your honour”.

Action Reading / speaking

1♦ Clerk and usherChecks Room.

2♦ Participants(except Judge)Take their places.

3♦ UsherAdvises judge when the court isready

4♦ JudgeEnters the courtroom.

5♦ UsherSays “All stand” (and they do).

6♦ Judge and participantsJudge sits and participants taketheir places. The Defendant staysstanding. Everyone else sits.

7♦ ClerkGives a note of the names of thecase, the defendant and thelawyers to the Judge.

8♦ ClerkAsks defendant to stand.Defendant stands.

9♦ ClerkReads out the charge from thecase and then says, “Do youunderstand that?”.

10♦ DefendantSays “yes”.

11♦ ClerkSays to the defendant: “Do youplead guilty or not guilty?”.

12♦ DefendantSays “Not guilty”.

13♦ JudgeAsks defendant to sit. Asks thefirst prosecution lawyer to maketheir opening speech.

14♦ First prosecution lawyerMakes opening speech (3 minsmax).


15♦ First prosecution lawyerCalls first prosecution witness bysaying, “Your Honour, I nowcall…” and states name of firstwitness.

16♦ First prosecution witnessStands.

17♦ UsherLeads witness to witness box.

18♦ UsherSwears in the witness askinghim/her to repeat, “I promise totell the truth, the whole truthand nothing but the truth”.Witness repeats the oath afterthe Usher.

19♦ First prosecution lawyerExamines the first prosecutionwitness. At the end s/he shouldsay, “Thank you. I have nofurther questions but please staythere as my learned friend mayhave some questions for you” (4mins max).

20♦ First defence lawyerCross-examines the firstprosecution witness (4 minsmax). When finished says “Ihave no further questions, YourHonour”.

21♦ JudgeAsks a question (one perwitness) or say that s/he has noquestions.

SUGGESTED PROCEDURE GUIDE(…continued)

22♦ UsherLeads the witness back to his/her seat.

23♦ Second prosecutionlawyerStands and says, “ Your Honour, Inow call…” and states name ofsecond witness.

24♦ Second prosecutionwitnessStands.

25♦ UsherLeads witness to the witnessbox and swears in the witness(see step 18).

26♦ Second prosecutionlawyerExamines second prosecutionwitness. At the end says, “Thankyou. I have no further questionsbut please stay there as mylearned friend may have somequestions for you” (4 mins max).

27♦ Second defence lawyerCross-examines secondprosecution witness (4 minsmax).At the end says “I have nofurther questions”.

28♦ JudgeAsk a question or says that s/hehas no questions.


29♦ UsherLeads witness back to seat.

30♦ First defence lawyer(optional)Makes an opening speech (3mins max).

31♦ First defence lawyerSays ”Your honour I call[defendant]…” and states nameof defendant.

32♦ DefendantStands.

33♦ UsherLeads defendant to witness boxand swears him/her in.

34♦ First defence lawyerExamines defendant. At the endsays, “Thank you-I have nofurther questions but please staythere as my learned friend mayhave some questions for you”.

35♦ First prosecution lawyerCross-examines defendant.Atthe end says “I have no furtherquestions” (4 mins max).

36♦ JudgeAsk a question or says s/he hasno questions.

37♦ UsherLeads defendant back to seat.


38♦ Second defence lawyerStands and says, “Your Honour Inow call…” and state name ofsecond witness.

39♦ UsherLeads witness to the witnessbox and swears in.

40♦ Second defence lawyerExamines second defencewitness. At end says, “Thankyou. I have no further questionsbut please stay there as mylearned friend may have somequestions for you.” (max 4mins).

41♦ Second prosecutionlawyerCross-examines second defencewitness (max 4 mins).

42♦ JudgeAsk a question or says s/he hasno questions.

43 UsherLeads witness back to seat.

44♦ Second prosecutionlawyer (optional)Makes closing speech (3 mins).

45♦ Second defence lawyerMakes closing speech (3 mins).


46♦ JudgeSums up (4 mins max) andinstructs jury to “retire andconsider their verdict”.

47♦ JuryMoves to a separate room orarea to consider its verdict. Onemember to be named asSpokesperson (5 mins max).

48♦ UsherLeads the jury, when ready, backto their seats in the courtroom.

49♦ ClerkSays to jury: “Have youconsidered your verdict?”

50♦ Jury SpokespersonSays “Yes”.

51♦ ClerkSays to jury: “Do you find thedefendant guilty or not guilty?”

52♦ Jury SpokespersonSays “Guilty” or “Not guilty”,depending on the verdict.

53♦ JudgeIf not guilty, says: “[Name ofdefendant], you are free to go”;if guilty says: “The Court willnow consider the sentence thatis appropriate”.



6: GUIDANCE NOTESFOR PARTICIPANTSThis set of guidance notes:

♦ describes the role of each participant,♦ suggests how they should participate,

and♦ suggests the rules which they should

follow.

There are separate copiable guidancenotes for:♦ The Judge(s)♦ The Defendant♦ The Witnesses♦ The Lawyers♦ The Court Clerk♦ The Usher♦ The Jury (or juries)

It will be helpful for all involved to reviewthe guidance notes for all the participantsso that they get a fuller understanding ofthe procedures.


You are in charge of the trial. Like areferee or umpire you must make surethe trial is conducted fairly.

Before the Trial♦ Read through all the information in the

case.♦ Think about what seem to be the key

points and what you need to know.♦ Note down questions you would like to

ask the defendant or the witnesses, ifthe lawyers do not ask them. Agreebetween you who will ask whichquestion. Your prepared questionsshould be limited to four: one for thedefendant and one for each of the threewitnesses.

middle of a sentence or speech); youmust be ready to lead the proceedingsby saying what should happen next ifthe clerk doesn’t know.

♦ Make a rough note of what each lawyerand witness says.

♦ Make sure the lawyers ask proper andrelevant questions. If they don’t you canpoint this out and ask them to try again.

Judges don’t have to ask any extraquestions and may be asked not todo so by the organiser if time isshort.

The Lawyers must ask questionsabout the facts of the case, and notones which can only have a “yes” or“no” answer. They should not ask thewitnesses for their “opinions” orwhat someone else said to them.

The Witnesses should stick to thefacts in their statements. Theyshould not make speeches, givetheir own opinions or repeat whatsomeone else told them. Also theyshould not invent new facts whichare not in their statements.

♦ Make sure you understand theprocedure and agree with the clerk andusher about how the room is set up..The Judge has the final say if there isany doubt.

During the Trial♦ Make sure things happen in the right

order (see Section 5). If you are indoubt you can stop the proceedings tocheck (but only do so at a sensibletime, not when someone is in the

♦ Make sure the witnesses answer thequestions put to them in a proper way.If they don’t you can ask them to do so.

♦ Make sure everyone can hear what thelawyers and witnesses are saying; youcan ask them to speak up (or quietendown!) if you need to.

PARTICIPANTS’ GUIDE

JUDGE


Summing up at the end of theevidence♦ The Judge should briefly state the law

and sum up the evidence the Court hasheard. The case contains a specimensumming-up.

When “summing up”♦ You can only refer to evidence you have

actually heard from the witnesses; youmust ignore any suggestions made bythe lawyers which are not based on theevidence.

♦ You must refer to all witnesses equallyto be fair to all.

♦ You mustn’t let any personal views orprejudices influence you.

♦ You should also state what the law is. Asummary of the law is contained in thecase.

♦ The Judge should tell the Jury(ies) toconsider whether they are really surethat, on the basis of the evidence, thedefendant is guilty. Only if they are surecan the Jury(ies) decide that thedefendant is guilty.Otherwise they mustfind the defendant not guilty.

♦ Remember the defendant doesn’t haveto be proved innocent (though ofcourse it helps the defendant’s case if s/he does persuade the jury that s/hewasn’t involved).

♦ The Judge then asks the jury(ies) toretire to consider their verdict.

PARTICIPANTS’ GUIDE – JUDGE(…continued)

You won’t find a judge looking like this!


You are accused of committing a crime.You have denied this and said you arenot guilty.

You will be giving evidence on your ownbehalf. The case contains yourstatement.

the Judge, Clerk or Usher.♦ When asked by the Clerk if you are

Guilty or Not Guilty, say “Not Guilty”.♦ You must stick to the facts as set out in

your statement and mustn’t just makethings up on the spur of the moment.

♦ If you are asked a question that requiresan answer that isn’t covered at all byyour statement you should say “I don’tknow” or “I can’t remember” or “Whyare you asking me that – it isn’t in mystatement”.


DEFENDANT

Before the Trial♦ You should read the case. In particular

you should read the description of whatyou are accused of and your statement.

♦ Discuss with your lawyers what you aregoing to say when they ask youquestions. You must not change thefacts in your statement.

♦ Try and anticipate what questions thelawyer for the prosecution or the Judgemay ask you and think about youranswer.

♦ Think about your character.

During the Trial♦ Try to act the character you are playing.♦ Follow any instructions you are given by

In a real trial…

A defendant doesn’t have togive evidence. But if they say theyare “not guilty” and refuse to saywhy or offer any evidence to showthat they didn’t commit the crimethe jury or judge are “allowed todraw their own conclusions”.

In a real trial…

Defendants often do say newthings in court but if they weren’tcovered in their statement theymay be regarded as “unreliable”and let themselves down.

If you haven’t had time to remember yourstatement you may have it with you torefer to when answering questions. Thiswouldn’t usually happen in a real trial.

Lawyers will also often ask questions onmatters that aren’t in the defendant’sstatement. This is an attempt to catchthem out and show they are unreliable oruntrustworthy. The Judge should not allowthem to move away from the main issuesof the case, but if a question could berelevant s/he will allow it. In a real courtyou must always try to answer thequestions.


There are two witnesses for theprosecution and two witnesses for thedefence (one of whom is also thedefendant). The case contains thestatement of each witness.

Before the trial♦ Read the case and in particular thestatement you have made.♦ Think about your character.♦ Think about the questions you may beasked by the prosecution lawyer (if youare a defence witness) or by the defencelawyer (if you are a prosecution witness).They will be trying to identify anyinconsistencies in your statement andgenerally trying to show you are“unreliable” or might have been mistaken.♦ You should discuss this with the lawyerson your side.

During the trial♦ Try to act the character you are playing.♦ Follow any instructions you are given bythe Judge, Clerk or Usher.♦ You must stick to the facts as set out inyour statement and mustn’t make thingsup on the spur of the moment.

♦ If you are asked a question that requiresan answer that isn’t covered at all by yourstatement you should say “ I don’t know”or “I can’t remember” or “Why are youasking me that – it isn’t in my statement”.

♦ If you are asked to describe what thedefendant looks like you should base yourdescription on the person playing that role.♦ You may sit in the room throughout thetrial.

PARTICIPANT’S GUIDE

WITNESSES

In a real trial…

♦ Lawyers often ask questionson matters that aren’t in thewitness statement. This is anattempt to catch the witness outand show they are unreliable oruntrustworthy, but the lawyersmust still ensure their questionsare relevant to the case. The Judgewon’t allow them to move awayfrom the main issues. In a realcourt you must always try toanswer the questions.

♦ Witnesses often do say newthings in court, but if these weren’tcovered in their statement thewitness may be regarded as“unreliable”.

♦ Witnesses (except the defendant)usually have to wait outside untilthey have given their own evidence,so they are not influenced by whatothers have said in court.

If you haven’t had time to rememberyour statement you may have it withyou to refer to when answeringquestions. This wouldn’t usually beallowed in a real trial.

♦ Keep your answers short and use yourown words – don’t just recite what’s inyour statement.


There are four lawyers involved: two forthe prosecution and two for thedefence.

Each lawyer must:♦ make one speech (either an opening ora closing speech). If time is short this canbe reduced to one speech by each side: anopening speech by the Prosecution and aclosing speech by the Defence;♦ examine (question) one of his/her ownside’s witnesses;♦ cross examine (question) one of theother side’s witnesses.

Before the Trial♦ Read the case and make sure you arefamiliar with the procedure.♦ The two lawyers on each side shouldagree which of them will make whichspeech and which witness each lawyer will

question.♦ Think about what you will say in yourspeech and what questions you will askthe witnesses.♦ Think about what questions the otherside’s lawyers will ask when questioningyour side’s witnesses. You should helpthem prepare their answers.


LAWYERS

PLANNING WHAT YOU WILL SAY

Questions examining your ownside’s witnesses should follow theirwitness statement. You should leadyour witness through theirstatement, starting with their nameand address, so that the court hearsall the relevant evidence. Questionsused to cross-examine the otherside’s witnesses should try andhighlight any weaknesses orinconsistencies in their statement toshow that they are unreliable oruntrustworthy. (Continued…)

During the trial♦ You can have copies of the witnessesstatements with you and any notes youhave made – but you should not just readout prepared speeches or detailedquestions; be as natural as possible.♦ Don’t offer the court your own opinions– so don’t say “I think that…”.

Opening Speeches

Opening speech by the first prosecutionlawyer♦ Summarise the case against thedefendant.♦ Briefly summarise what you willdemonstrate to the court through theevidence of your two witnesses.♦ Describe the standard of proof that theprosecution has to meet. The standard ofproof is that the jury(ies) must be “reallysure” that the defendant is guilty. It used tobe described as proving the case “beyondreasonable doubt”, but this phrase is notoften used now in court.


Opening speech by the first defencelawyer(This speech can be omitted if time isshort)♦ Briefly confirm that the defendant claimss/he is not guilty and explain what theprosecution will have to prove and whythis may be difficult for them.♦ Explain that you don’t have to prove thatthe defendant is innocent; it is for theprosecution to prove that s/he is guilty.

Questioning the witnesses♦ Keep your questions short so they areeasily understood.♦ You must not put words into the mouthsof your own witnesses by asking questionswhich just require a “yes” or “no” answer.This is called asking a “leading question”.♦ You mustn’t ask your witness to saywhat they heard someone else tell them.This is called “hearsay” evidence.

♦ Try and be natural and conversational.

♦ Be prepared to change your preparedquestions depending on the answers youget.♦ If a witness says something inconsistentwith their statement be ready to read therelevant part of their statement to themand ask them to explain why they want tochange their account.♦ Allow witnesses time to answer anddon’t interrupt.♦ Try not to be aggressive or sarcastic.♦ When you examine your own witnessesremember that the aim is to present yourside of the case (what you say happened)clearly and to get all the relevant factsstated by your witnesses.♦ When you cross examine the otherside’s witnesses remember that the aim isto cast doubt on the reliability of whatthey are saying by e.g. highlightinginconsistencies or gaps in their story. Youdon’t have to show they are lying. It isenough to establish that they could bemistaken to cast doubt on their evidence.

PARTICIPANTS’ GUIDE – LAWYERS(…continued)

(Continued…)NO LEADING QUESTIONS

A leading question is one that justrequres a ‘yes’ or ‘no’ answer. If youask a leading question and the judgespots it s/he may ask you torephrase the question. To avoid thisit helps if your questions start with:How-What-Where-Why-When.Leading questions can only be askedduring cross-examination of youropponent’s witnesses, but they don’tusually serve much purpose.

NO HEARSAY EVIDENCE

Evidence told to the witness bysomeone else is called “hearsay”evidence. This cannot be relied on asit may be invented or incomplete. Itcould be challenged as it doesn’tcome from the original source.


Closing Speeches

Closing speech by the secondprosecution lawyer(This speech can be omitted if time isshort)♦ Bring together the evidence given by thetwo prosecution witnesses.♦ Comment on any weaknesses exposedby the defence during cross examinationof their witnesses.♦ Briefly summarise what the law saysabout the offence.♦ Explain why you say the Jury(ies) can besure that the Defendant is guilty.

PARTICIPANTS’ GUIDE – LAWYERS(…continued)

In a real trial…

There is only likely to be onelawyer on each side unless the caseis very serious or complicated.

It is very rare, in fact, for there tobe an opening speech by thedefence lawyers, but we areincluding it in this mock trial tohelp everyone understand theprocess.

Closing speech by the second defencelawyer♦ Explain and emphasise the weaknessesin the prosecution case.♦ If there are good points accept them butexplain why they are not enough on theirown.♦ Show the Jury why it is right to find thedefendant not guilty as they can’t bereallysure that s/he committed theoffence.


The Court Clerk and the Usher are CourtOfficials and perform an essential rolein seeing that everything runs smoothly.

Before the Trial♦ Read the case and make sure youunderstand who is going to do what.♦ Agree with the Judge to set up the roomlike a court room so that everyone can seeand hear each other. Put up labels to showpeople where to sit (if that helps).♦ The Usher should make sure s/he knowswhere everyone is going to sit.♦ The Clerk should write down the namesof the Defendant and of the two Lawyerson each side to give to the Judge so s/heknows who is who and what their rolesare.

During the Trial♦ The Usher will tell the Judge wheneveryone is ready to start the trial. TheUsher will then ask everyone to standwhile the Judge enters and sits down.If the Judge can enter from outside theclassroom this will help establish theformality of the proceedings.♦ The Clerk will start the trial byannouncing the case and calling on theDefendant to stand. S/he will ask theDefendant to state their name andaddress.


CLERK AND USHER

♦ The Clerk reads out the charge and asksthe defendant whether they plead guilty ornot guilty.♦ The Usher leads each witness from andto the witness box when their turn comesand asks each witness to promise to tellthe truth.

The words to be used are in theprocedure guide (Section 5). Thismock trial does not use the Bible orother Books of Faith for thepurposes of ’swearing in’ thewitness. The oath used is based onthe secular oath which can bechosen in a real court by witnessesof no faith.

♦ The Usher is responsible for carrying outthe Judge’s instructions to make sure thatthere are no avoidable disturbances duringthe trial e.g. mobile phones or digitalwatches must be switched to silent or offand no eating or drinking must take placein court.


The role of each jury member is todecide whether the defendant is guiltyor not guilty on the basis of the factsyou have heard. You therefore have tolisten to the case very carefully.

Before the trial♦ Read the case and think about thethings you want to hear more about.

During the trial♦ Listen carefully to everything that’s saidand observe how the witnesses behavewhen giving evidence.♦ Take notes if you want to.♦ Consider whether the things that struckyou as important were asked about by thelawyers or the judge.Be ready to discuss the evidence as it waspresented to you during the trial so youcan decide whether you think that thedefendant is guilty.

Considering your decision♦ Appoint one member to be thespokesperson.♦ It is up to you to decide how to discusswhat you have heard.♦ We suggest that after a brief discussioneach of you votes guilty or not guilty.♦ If you all agree that is your decision.♦ If you don’t all agree you must discussthe evidence until a majority of you agree.Then that is your decision.♦ If after five minutes you are dividedequally then a majority has not beenconvinced and you must find theDefendant not guilty.

When the jury has reached its decision itshould tell the Usher and the Usher willtake the jury back to its place in the courtroom.


JURY MEMBERS

In a real trial…

The jury has 12 members. Theproceedings are entirely secret. TheJudge will say at first that s/hewants a unanimous verdict. If a juryreally cannot agree the Judge maytell them that s/he will accept amajority verdict, but it must beeither 10–2 or 11–1. If the jury stillcannot reach a decision, thedefendant is discharged and mayface a re-trial before a new jury.


7: ADAPTATION BASED ON ATRIAL IN A MAGISTRATES’ COURT

If you want your mock trial to resemblemore closely what happens in aMagistrates’ Court (or if you don’t haveanyone to be the Jury):

Appoint up to three people to act as apanel of Magistrates with one of themacting as the leader (we recommend thisis a teacher or perhaps a lawyer if one isable to help).The other two are called“wing” magistrates.

Other students who are not involved couldform separate panels of Magistrates. Theywill observe the trial and at stages 47–53(see below) will consider their ownverdicts.

The Judge’s instructions apply to the panelof three Magistrates with the leader doingthe things done by the Judge in the CrownCourt case.

You will not have a jury. Instead theMagistrates listen to the case and mustdecide whether the defendant is guilty ornot guilty.

Other steps in Section 5 that change:♦ Instead of a Clerk the role is described

as Legal Adviser. The things which theClerk says and does should be done bythe Legal Adviser. S/he sits in the sameplace.

♦ Step 46: The Legal Adviser tells theMagistrates what the law is. A summaryof the law is in the case (2 mins max).

♦ Steps 47–52: These are replaced.Instead the panel(s) of Magistratesdiscuss the case and decide whetherthe defendant is guilty or not guilty.

♦ Step 53: The Lead Magistrate addressesthe defendant and tells him or hereither, “We have considered theevidence and find you not guilty. Youare free to go”, or “We have consideredthe evidence and find you guilty. Wewill now consider the sentence that isappropriate”.


This activity can be used in a groupsession to illustrate the importance offinding out and considering all therelevant facts before coming to a fairconclusion. First reactions maysometimes be right but your final“judgment” should usually besuspended until as much is known aspossible.

This attempt at fairness in discovering allthe relevant facts is fundamental to oursystem of justice.

This activity is based on a civil case wherethe question is whether one personshould compensate another for thedamage caused to them. It involvespresenting a sequence of factualinformation – only a sentence or two at atime – and inviting discussion by thegroup of the difference the newinformation makes to their view at eachstage. In some cases the information isneutral or irrelevant. It is important towork this out too.

The information is set out on separatecopiable sheets.

Thinking about what information isimportant is also a useful way ofapproaching media reports of court casesin progress. Inevitably the media has toselect what information to give us and wecannot always be sure that we have beengiven sufficient facts (or evidence) to forma fair view.

This Section also contains a suggestedactivity to prepare media report based onthe information provided but fromdifferent points of view.

8: THE IMPORTANCE OF EVIDENCE

INTRODUCTORY NOTE FORTEACHERS/ORGANISERS

“WHEN THEFACTSCHANGE IMAY CHANGEMY OPINION”– J MAYNARD KEYNES

ADDITIONAL ACTIVITY


What are your first reactions tothe story?

(Continued…)

THE IMPORTANCE OF EVIDENCEINTRODUCTORY BASIC INFORMATION

Jennifer bought a carton of coffee. When she drank her first mouthful itspilt and caused her damage. She thought she should be compensated.Shewrote to the owner who refused so she took advice from a lawyer.The lawyersaid the owner should pay her and took them to court claiming “damages”(that is, compensation for the loss she said she had suffered).

Who do you think might be toblame, if anyone?

Should Jennifer be able to getsome money from the coffeeshop?

What more information do youneed before you can make afair decision?


“THE IMPORTANCE OF EVIDENCE”NEW INFORMATION INTRODUCED AS EVIDENCE

Now look at each new piece of evidence in turn (see pages 29–35).After you have read each one ask the following types of questions:

What difference do the newfacts make to your views?

Which new facts do you thinkare important and which makelittle or no difference?

Do the new facts make youwant to find out some moreinformation you hadn’t thoughtof before?



1:

Jennifer was an old lady of atleast 70.

She bought the coffee at a“drive-in” coffee shop.

Jennifer was driving a 10 year oldcar when she pulled in to buythe coffee.

She had a friend with her in thecar.



2:

The coffee was served in acarton.

The carton had a lid on it with adrinking spout.

The lid wasn’t secure when thecarton was given to Jennifer; shedidn’t notice this.



3:

The carton was marked “Coffee– Hot”.

The drive-in had a notice saying“Please move on from the drive-in kiosk as soon as you havepaid”.

Jennifer actually tried to take asip of coffee as soon as shereceived the carton.

Her car was stationary at thetime.



4:

The assistant serving at the drive-in was new.

She hadn’t had any training.

She noticed that Jennifer and herfriend were chatting a lot whenshe served them.



5:

The coffee was so hot that itburned Jennifer’s tongue.

She jumped up in her seat anddropped the carton.

The lid came off and the spiltcoffee burned her arm.

She was taken to hospital fortreatment.



6:

The coffee shop owners had setrules about the temperature thatcoffee should be served at.

Their machines should havebeen set to heat the water towell below scalding levels.

It was designed to be reasonablefor most people to drink straightaway.



7:

Investigation showed that thesemachines had in fact been set ata higher temperature.

The coffee shop staff usedcheaper grade coffee beans sothat the coffee had to be madewith higher temperature water.

The higher temperature could bedangerous to some people withmore sensitive skin.

Jennifer had sensitive skin andhad had treatment for it over theyears.


THE IMPORTANCE OF BEING EVIDENCEQUESTIONS

Do you now think you have enoughinformation (evidence) to make a fairdecision?

Do you think Jennifer or the Coffee shop ismost to blame? Can you say why?

Do you think they are both to blame –equally or one more than the other? If sowhat facts were important to you indeciding this?

Have you changed your mind since thebeginning? If so discuss why.

By now you have probably formed some clearer views about the questionsasked at the beginning.


THE IMPORTANCE OF BEING EVIDENCEMEDIA ACTIVITY

Try writing two stories for your local paper (or make aTV news report) one putting it from Jennifer’s point ofview and one from the coffee shop’s point of view(don’t make up any new information).

Now try writing or telling the story in a balanced way,putting both points of view.

Think up some headlines for your story which grab theattention – think about whether they are biased oneway or the other- for or against Jennifer or the coffeeshop.

Imagine you were a journalist listening to the story in court.

OUTCOME

This case is based on a combination of cases brought to court. Each casedepends on its own facts. In the case most similar to this the Court found thatthe Coffee shop was liable to compensate Jennifer but her compensation wouldbe reduced by 25% as she partly contributed to the incident by her owncarelessness.


There is a large range of sentences thatCourts can impose on a person who isfound guilty of committing a crime.Except in murder cases (when a lifesentence is automatic) and a few othercases, the Judge or Magistrates canchoose from a wide range of possiblesentences what they think is theappropriate sentence.

This will always depend on all thecircumstances of the particular case and ofthe person who has been found guilty. Inmany cases the law lays down some limitse.g. maximum or minimum sentences orfines – but within these limits there is alarge measure of choice.

The main choices boil down to:

® Sending the offender to prison or, ifthey are under 21, to a Young OffenderInstitution; or if under 15, to a SecureTraining Centre or to an accommodationcentre run by the local authority.

® Fining the offender a sum of money orordering the offender to paycompensationto the victim or both. The amount of anyfine or compensation will depend on howmuch money the offender has. The courtwill look into this before deciding theamount.

® An order controlling the conduct oractivity of the offender – for example, adrug rehabilitation programme; regular

9: SENTENCING

reporting to a probation officer, or forunder 21s to the Youth Offending Team,and undertaking some form of trainingcommunity punishment: doing so manyhours unpaid community work;or going to an attendance centre (forunder 21s) to occupy the offender’s leisuretime.

Where someone under 18 is found guiltyof a criminal offence the courts can alsomake orders on other people who areresponsible for the young person e.g. aparent or guardian. These are called“parenting orders” and are to help theparent or guardian control the activities ofyoung people who have committedoffences.

What are the reasons forchoosing different types ofsentence?Judges or Magistrates may be trying to doseveral things. The main reasons behindthe different types of sentence are:

® To protect othersGoing to prison makes sure for a time thatthe offender can’t do the same thing againor commit another crime.

® To help the offenderBy providing training and a chance toexperience activities that will helpencourage them to “go straight”.

(Continued…)

ADDITIONAL ACTIVITY


® To punish the offenderSome crimes are thought to deserve astrong punishment.

® To deter the offender and othersBy making an example of someone so thatthey and others are discouraged fromdoing the same thing again.

® To give something back to society orto the victimSome sentences help repay society or thevictim for what they have suffered as aresult of the offence.

SENTENCING(…continued)

What reasons do you think liebehind the different types ofsentence described on page40?


Clive, 23 andunemployed, was foundguilty of causing criminaldamage by smashing a

shop window in the early hours of themorning. He said he was very sorry andthe Judge believed that he meant it. It wasClive’s first offence.

Paul, 25, was part of agang of footballsupporters who ran riot

in a pub after a game. Three people wereinjured, one of them badly. No - oneactually saw Paul attack the individuals.Paul was found guilty of “causing anaffray”. The Judge was told that Paul hadthree previous convictions for violence atfootball matches. The Judge described Pauland his gang as bullies.

MATCH THE SENTENCESCAN YOU MATCH THE CRIMES WITH THE SENTENCE GIVEN BY THE JUDGEIN EACH CASE? (THESE ARE ALL BASED ON REAL CASES.)Answers on page 41.

Laurence, 12, admittedstealing property worth£3000. He asked foranother 78 offences to be

“taken into account”. Over two years hewas thought to have stolen about £10,000worth of goods. He passed them on toadults and received very little for himself.

Three 16-year-old girlsattacked a woman whowas waiting at a bus stop.She was injured and her

bag and watch were stolen. None of thegirls had a previous conviction. The Judgesaid he wanted to make them think twicebefore doing anything like it again.

CASE

CASE

CASE

Six years in prison.

A conditional discharge – thismeans the court warns theoffender not to commit another

offence within a certain time – if they dothey will return to court to be sentencedfor both offences.

A fine and an order to paycompensation.

Taken into the care of the localauthority.

(Continued…)

CASE

The crimes

The sentences


MATCH THE SENTENCES(…continued)

1–C; 2–A; 3–D; 4–B

ANSWERS: did you match the sentences correctly?

Which of the sentences would you give toClive, Laurence, Paul and the three girls?

If you could, would you give an entirelydifferent sentence?

What are your reasons for choosing thesentences? What do you hope they willachieve?

Citizenship Foundation,Ferroners House,Shaftesbury Place, Aldersgate Street,London EC2Y 8AA.

© The Citizenship Foundation, 2003. [email protected]. www.citizenshipfoundation.org.uk 42

Briefing ........................................................................................................................................................43Indictment ..................................................................................................................................................44Statements of prosecution witnesses ................................................................................................45Statements of defence witnesses .......................................................................................................49Judge’s summing up ............................................................................................................................... 51

THE QUEEN vJACKIE JONESA mock trial script, ideal for use with the‘Running a Mock Trial’ guide

Tel: 020 7367 0500Fax: 020 7367 0501Email: info@citizenshipfoundation.org.ukwww.citizenshipfoundation.org.uk

The Citizenship Foundation is a charity registered in England, No. 801360.


THE QUEEN v JONES

Summary of the FactsThe defendant is charged with dangerousdriving following a road traffic accidentwhen the defendant’s car hit a cyclistcausing serious leg injuries. The defendanthad been driving on the wrong side of acentral refuge at the time of the accident.The prosecution’s case is that he/she wasdriving dangerously; the defendant’s caseis that he/she was overtaking a queue ofstationery cars when the cyclist movedacross the road without warning andwithout looking.

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

(a) the way he/she drives falls far belowwhat would be expected of a competentand careful driver, and

(b) it would be obvious to a competentand careful driver that driving in that waywould be dangerous.

“Dangerous” refers to danger either ofinjury to any person or of serious damageto property; in determining what would beexpected of, or obvious to, a competentand careful driver in a particular case,regard shall be had not only to thecircumstances of which he/she could beexpected to be aware but also to anycircumstances shown to have been withinthe knowledge of the accused.

BRIEFINGThe Road LayoutThere is a plan of the scene of theaccident, not to scale, which can be usedby either side with copies handed out tothe jury. The accident happened onHillside Road, which is the main roadbetween Brookside and Hillside TownCentre. Traffic coming from Brooksidetowards Hillside Town centre passes acentral refuge for pedestrians markedclearly with keep left signs at each end;just past the central refuge and on theright is a ‘T’ junction with Able Close. Theaccident happened in daylight, in goodweather and with dry roads.

Important notesOnly evidence that is underlined canbe disputed – either because thewitness is not telling the truth or thewitness had made an honest mistakeas to what s/he saw or heard.

Those parts of statements that are notunderlined must not be disputed –those facts are accepted as true,although inferences may be drawnfrom those facts.

A witness may not deny that theymade their statement.


THE QUEEN v JONES

INDICTMENT

IN THE CROWN COURT OF HILLSIDE

The Queenv.

Jackie Jones

JACKIE JONES is charged as follows:

Statement of Offence

Dangerous driving, contrary to Section 2 of the Road

Traffic Act 1988.

Particulars of Offence

Jackie Jones on the 27th day of June 2002 drove a

mechanically propelled vehicle dangerously on a road,

namely Hillside Road, Hillside.

INDICTMENT


THE QUEEN v JONES

Name Hillary GreenAge 15Date of birth 27th June 1987Occupation StudentAddress The Old Dairy, Hillside Farm, HillsideDate 27th June 2002

STATEMENTS OFPROSECUTION WITNESSES

I am 15 years old today and a student at Hillside School. Today I got outof school late because I had a double detention1 .

I was in a hurry to get home because my mother was taking me tocollect a new computer for my birthday. I cycled along the Hillsidepavement in the direction of Brookside. I had to cross Hillside Road anddecided to do it at the central refuge just past Able Close.

I stopped at the kerb, looked both ways along Hillside Road and saw aline of stopped traffic going towards Hillside Town Centre on the far sideof the road. There was no traffic coming from Hillside or Able Close so Idecided to cross using the central refuge.

I was about half way to the central refuge when I was hit by a sportscar coming from my left2 . I do not remember anything more of theincident. I had both my legs broken but I have been told that I will makea full recovery.

1. If questioned the double detention was given because the student failed to attend a roadsafety lecture.

2. If asked, the witness did not hear any squeal of tyres before the accident.


THE QUEEN v JONES

Name Lesley WoganAge 32Date of birth 19th March 1970Occupation Teacher at Hillside SchoolAddress The School House, Montifierro Road, HillsideDate 27th June 2002

STATEMENTS OF PROSECUTION WITNESSES

I am a teacher at Hillside School and Hillary Green is one of my students. In

the early evening today I was driving on 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 footpath coming from the direction of Hillside, he/she had just

crossed Able Close. I thought that he/she was a bit late coming home from

school but then I remembered I had given him/her a double detention3.

When Hillary Green was about level with the central refuge and about 75 feet

in front of me I saw him/her stop at the kerb, look both ways and was clearly

about to cross the road. He/she started out and at that moment a white Mazda

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 white sports car. I knew there would be an accident, and there was.

The car hit Hillary Green, the bike flew in the air and Hillary Green was

knocked to the ground. I got out and went to see if Hillary was alright but

another man/woman was 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.

3. The witness has a feeling of guilt about the accident because if he/she had not given thedouble detention - on the student’s birthday - the student would not have been riding homeso late or in such a hurry.

4. This may be given in evidence. The witness should remember these words or something tothe same effect.


THE QUEEN v JONES

Name PC ParsonsAge 43Date of birth 26th June 1959Occupation Police Constable, Hillside Police Department, HillsideAddress The Ironmongers Cottage, Station Walk, HillsideDate 27th June 2002


“I was on duty today and driving along Hillside Road towards Brooksidewhen I came across the scene of a road traffic accident just past AbleClose, involving a white Mazda sports car and a bicycle, both of whichhad been moved by the time I arrived. I spoke to the driver of the whiteMazda, who gave his/her name as Jackie Jones, of 32 Able Close,Hillside. He/she said that he/she had been about to turn into Able Closewhen the cyclist suddenly turned into the road with no warning, leavingno way to avoid the accident.

The cyclist, named Hillary Green, had been moved off the road on to thepavement and was being tended to by another 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 theaccident, which I now produce.”

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


THE QUEEN v JONES

Sketch showing road layout of Hillside Road/Able CloseDated 27th June 2002



THE QUEEN v JONES

Name Jackie JonesAge 15Date of birth 26th June 1987Occupation Management Consultant, Unichip, HillsideAddress 32 Able Close, HillsideDate 27th June 2002

STATEMENTS OFDEFENCE WITNESSES

“I took delivery of my new Mazda sports car, today from the garage, BrooksideMazda, and I was driving home alongside Hillside Road. I live at 32 Able Closeand I got stuck in the usual traffic jam. I am very familiar with the road, as Idrive it every day. If I get stuck in traffic when I get close to my turning I havea habit of pulling out to the other side of the road and driving up the right sideof the road up to the right hand turn of Able Close. When I do this I am verycareful to look for oncoming traffic; I usually do it at the point there is acentral refuge so that I would get some warning of any pedestrians crossingbetween the stopped cars on my left. This dodge saves me several minutes andI have done it lots of times without any incident.Today I did my usual dodge. Ilooked first and checked that there was no traffic coming from Hillside Towncentre; the only traffic coming towards me was a youth on his/her cycle buthe/she was on the pavement, riding very hard 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 into the road right in front of me withoutlooking. 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 butanother motorist was helping him/her. I spoke to another motorist, whoseemed a little shocked but he/she did say he/she knew who the cyclist was6 . Iremember a policeman attending the scene afterwards; I think I may havespoken to him/her, but I do 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.”

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 was in a hurry and didn’t see me”.


THE QUEEN v JONES

Name Pat ProudAge 39Date of birth 14th April 1963Occupation Investment Banker with Goldham Sachs, LondonAddress 3 Hillside Road, HillsideDate 27th June 2002

STATEMENTS OF DEFENCE WITNESSES

I live on Hillside Road near to, and on the same side as Able Close.Today I was cleaning the inside of my upstairs windows when I sawHillary Green coming home from school. He/she was riding on thepavement which is something I am always telling him/her off about.

I thought of opening my window to tell him/her off again, but he/shewas going too fast and would not have heard me7. He/she was aboutlevel with my house when he/she looked over his/her right shoulder foroncoming traffic and turned into the road to cross. I did not see him/herlook left as he/she did so. In the past I have told him/her off about thatas well but he/she always says that traffic can only come from the rightat that spot. Today he/she was wrong and a white sports car had nochance and there was a crash.

The white sports car was driving fairly slowly and carefully8 . It wassignalling as if to turn into Able Close. I have seen other cars drive onthe wrong side of the road at this point in order to jump the line oftraffic and turn into Able Close; I have never seen this particular car dothis manoeuvre before.

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

7. The witness is the founder and chair-person of HiCCuP, the Hillside Campaign for Cycle-freePavements, and considers Hillary Green to be a continual nuisance to pedestrians.

8. If asked, the witness heard no squeal of tyres.


THE QUEEN v JONES

JUDGE’S SUMMING UP

[The following is based on the Statements. The Judge must consider the evidence asactually given in court and make any changes necessary.]

“Members of the Jury, my job is to explain the law to you and to sum up the evidenceyou have heard.It is your job to weigh up all the evidence you have heard and decidewhether you believe the defendant Jackie Jones is guilty or not guilty.

You should try and reach a unanimous decision.If this is not possible in the timeavailable 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 reallysure, that Jackie Jones is guilty. It is not for Jackie Jones to prove that s/he is not guilty.

Jackie Jones is accused of dangerous driving which caused an accident to Hilary Green.

You have heard that Hilary Green was cycling across Hillside Road trying to reach thecentral reservation. Hilary Green said s/he looked both ways before crossing. S/he didnot see anything. Half way across a car coming from the left on the wrong side of theroad hit him/her and s/he suffered two broken legs. Hilary Green’s teacher ,LesleyWogan has told you the s/he saw Hilary Green crossing the road. S/he says she sawHillary look both ways before crossing. Pat Proud whose evidence I will come to in aminute said s/he saw Hillary only look one way. You must decide whose evidence youbelieve.

Lesley Wade also told you that s/he saw a white Mazda pull out of a line of traffic anddrive up on the wrong side of the road. S/he saw the Mazda hit Hillary Green. She spoketo the driver who said s/he was sorry and admitted that it was his/her fault.

PC Parsons, whose statement was read to you, attended the accident and spoke to thedriver of the Mazda.The driver was Jackie Jones and there is no dispute about that.

Jackie Jones told you that s/he was used to driving this route and was aware that s/hehad to drive carefully when preparing to turn right into Able Close.Jackie Jones admittedto you that s/he was driving on the right hand side of the road when preparing to turnright but told you that s/he was very conscious of looking out for pedestrians crossing. S/he told you that on 27th June s/he was driving a new car. When s/he was nearly at herturning a cyclist rode off the pavement and into her path. S/he did not remember sayingthat s/he admitted that it was his/her fault.

(Continued…)


THE QUEEN v JONESJJUDGE’S SUMMING UP(…continued)

Pat Proud told you that she saw Hillary Green riding on the pavement and turn into theroad to cross it only looking to the right. S/he told you s/he had warned Hillary aboutthis in the past. Pat Proud also told you that the Mazda was driving on the wrong side ofthe road but that it was being driven fairly slowly and carefully and had signalled itsintention to turn.

You must consider whether, on the evidence you have heard, Hillary Green actedsensibly and responsibly in crossing the road on his/her bicycle or whether you think s/he was so careless about what s/he was doing that the driver had little or no chance ofavoiding him/her. Do you believe Hillary Green looked both ways or not?

You must also consider whether Jackie Jones who, as s/he admitted, was driving on thewrong side of the road, was driving below the standard of a competent and carefuldriver and that it must have been obvious to him/her that driving in that way would bedangerous.

If you believe Hillary acted entirely safely and responsibly you should find the defendantguilty.

If you think Hillary could and should have acted more carefully you must still considerwhether Jackie Jones was driving in an unsafe way. If you do and you think that anaccident was a likely outcome then even if you think Hillary was careless about his/herown safety you must still find the defendant guilty.

If, however, you think that Jackie Jones took competent and careful steps to drive safelywhen preparing to turn right into Able Road and that the accident only happenedbecause Hillary acted carelessly in riding out into the road without properly looking bothways you should find the defendant not guilty.

Would you now retire and consider your verdict.”

Documents

Running a Mock Trial - PDST a Mock Trial.pdf · 2020-02-27 · in a real courtroom setting. Feedback The Citizenship Foundation welcomes feedback on how this material works in practice