Bar Mock Trial Competition 201 - SmartLaw...answers to examination-in-chief. Clearly memorised...

Bar Mock Trial Competition 2019/20Student Role Guide: Witness

1 © Young Citizens 2019

Bar Mock Trials CompetitionStudent Role Guide: Witness

Introduction

Main duties

Preparation

Each team has two witnesses to call to give evidence for their case. The two prosecution witnesses’ accounts of the events are generally, if sometimes not entirely, suggestive of a guilty verdict. On the other hand, the defence’s witnesses will serve to cause doubt about whether the crime was committed by the defendant.

As a witness, it is your job to tell the story of the case from your perspective, which is provided in your Witness Statement. As the jury will be making a decision based on the evidence they hear from the witnesses in court, it is important that you know and recount your version of events in full.

• Learn your story. You won’t be able to read from your witness statement directly so it is

important that you can answer questions about it from memory.

• Practice being questioned by your own team’s barristers, but be careful not to over-rehearse

answers to examination-in-chief. Clearly memorised script-reading will result in point

deductions.

• Prepare to be questioned on inconsistencies/weaknesses in your argument by the other

team’s barristers – they will try to reveal and exploit these during cross-examination.

During the trial

• You should sit inside the courtroom until you are called to the witness stand by your own

barrister.

• The Usher will lead you to the witness stand and swear you in.

• After your own barrister has asked you questions (examination-in-chief), remain on the stand

to answer questions from the opposing barrister (cross-examination).

• The Usher will then take you back to your seat.



• Give concise answers in your own words.

• Speak clearly and audibly.

• Take on the personality of your character.

Don’t:

• Give longwinded answers.

• Speak from a memorised script.

• Invent evidence not in your statement.

It is important not to make up evidence that isn’t in your witness statement. This is unfair on the other team’s barristers and will result in point deductions for your team. The only exception to this is if the answer you provide expands on the Witness Statement so that it:

• Does not contradict anything else in the statement.

• Is a direct and logical inference from the rest of the statement, expanding on a small detail;

• Is not related a major point of dispute within the statement.

If you are unable to answer a question within these strict parameters, answer “I don’t know” or “I can’t

recall/remember”.

Dos and Don’ts

Do:

General Advice for Court

1. Dress the part! Wear clothes you think your witness might wear to court. If you are not sure,it is safer to dress smartly.

2. Stand up straight and speak clearly when in court. It is important that the jury and judge hearwhat you are saying.

3. Trynottofidgetormakenoisewhichmightdistractyouroppositionorthejury.


Bar Mock Trial CompetitionOrder of Procedure

Role Task TimingCourt Clerk Complete Team Identification Slip (which will be on the

Clerk’s Desk) and put it visibly on the judges’ desk.-

Usher Go and collect the judge from their chambers. Lead the Judge into the courtroom. Say ‘Court rise’.

-

All Stand for the Judge. Sit when they sit. -

Court Clerk Ask the defendant to stand. Identify them by asking ‘What is your name?’

-

Defendent Say your name. -

Court Clerk ‘You are charged with _________________’ (insert name of offence from indictment) ‘in that you __________________’ (insert particulars of offence). ‘Do you understand?’

-

Defendant ‘Yes’. -

Court Clerk ‘Do you plead guilty or not guilty?’ -

Defendant ‘Not guilty’

Court Clerk Ask the defendant to sit down. Ask the jury to stand and repeat the following after you:

‘I will faithfully try the defendant and give a true verdict ac-cording to the evidence’.

Then ask the jury to sit down.

-

Prosecution Barrister 1 ‘May it please you, Your Honour, I appear for the prosecu-tion with my learned friend Mr/Miss _____________’ (insert name of other prosecution barrister).

‘My name is _____________’ (insert your name). ‘My learned friends Mr/Miss _____________ and Mr/Miss _____________ represent the defendant’ (insert names of defence barristers).

-

Prosecution Barrister 1 Make Opening Speech 3

Order of Procedure



Role Task TimingProsecution Barrister 1 If it pleases you, Your Honour, I would like to call the first

witness for the prosecution, ____________ (insert name of first prosecution witness).

-

Usher Lead the witness to the stand and ask them to repeat the Affirmation.

-

Prosecution Barrister 1 Examination-in-chief of the first prosecution witness.

‘No further questions, Your Honour, but I’m sure my learned friend will have questions for the witness’.

4.5

Defence Barrister 1 Cross-examination of the first prosecution witness. 4.5

Usher Lead the witness back to their seat. -Prosecution Barrister 2 If it pleases you, Your Honour, I would like to call the second

witness for the prosecution, ____________ (insert name of second prosecution witness).

-

Usher Lead the second prosecution witness to the stand and ask them to repeat the following affirmation after you:

‘I promise to tell the truth, the whole truth and nothing but the truth’.

-

Prosecution Barrister 2 Examination-in-chief of the second prosecution witness.


4.5

Defence Barrister 2 Cross-examination of the second prosecution witness. 4.5Usher Lead the witness back to their seat. -

Prosecution Barrister 2 Ask the Court Clerk to stand and read the Section 9 Statement.

-

Court Clerk Read the Section 9 Statement. -

Prosecution Barrister 2 ‘That is the case for the prosecution’ . -Defence Barrister 1 Make the Opening Speech. 3Defence Barrister 1 If it pleases you, Your Honour, I would like to call the defen-

dant, ____________ (insert name of defendant).-

Usher Lead the defendant to the stand and ask them to repeat the Affirmation.

-

Defence Barrister 1 Examination-in-chief of the defendant.


4.5

Prosecution Barrister 1 Cross-examination of the defendant. 4.5



Role Task TimingUsher Lead the defendant back to the dock. -

Defence Barrister 2 If it pleases you, Your Honour, I would like to call the sec-ond witness for the defence, ____________ (insert name of defendant).

-

Usher Lead the second defence witness to the stand and ask them to repeat the Affirmation.

-

Defence Barrister 2 Examination-in-chief of second defence witness. 4.5

Prosecution Barrister 2 Cross-examination of second witness. 4.5

Usher Lead the witness back to their seat. -

Defence Barrister 2 ‘That is the case for the defence’. -

Prosecution Barrister 2 Make closing speech. 5

Defence Barrister 2 Make closing speech. 5

Judge Summing Up. -

Court Clerk ‘I shall keep this jury in a private and convenient place. I shall suffer no one to speak to them nor shall I speak to them myself except with leave of the court, save to ask them whether they have agreed upon their verdict’

-

Court Clerk Lead the jury to their retiring room. Give them five minutes to make a decision.

5

Usher After the jury and court clerk have left, say: ‘Court Rise’ and lead the judge out of the courtroom to their chambers.

-

Usher Go and collect the judge from their chambers after the jury has reached their verdict. Lead the judge into the courtroom. Say ‘Court rise’.

-

Court Clerk Ask the defendant to stand. Ask the foreperson of the jury to stand and announce their verdict.

-

Jury Foreperson ‘We find the defendant guilty/not guilty’. -

Judge Provide feedback on the performance of the students. -

Court Clerk Collect the score sheet in a sealed envelope from the judge and hand it in to the Young Citizens representative at the reception.

-



Court Layout

Where should I go?The witness should sit behind the barristers on the second row. When they are called, they should follow the Usher to the witness box. The phrase “taking the stand” is only used in US courts!



In real life...We endeavour to make the trials accurate to real life and based on the types of crimes you see at a typical crown court, but all of our cases are fabricated.

Being a victim of or a witness to real crime can be a shocking and distressing experience. If you are avictimorwitnessofcrime,thereareorganisationsyoucantalktogainconfidentialadviceincludingVictim Support and Citizens Advice Witness Service.

Still unsure?

If you have questions, you can ask your teacher to email them over to us at [email protected] and we will do our best to help.

37 Heneage Street, London, E1 5LJ. T. 020.7566.4141

www.youngcitizens.org/mocktrialsCharityReg.No.801360

Contact details for the Bar Mock Trials team:

020.7566.4154 or 020.7566.4155

[email protected]

Bar Mock Trial Competition 201 - SmartLaw...answers to examination-in-chief. Clearly memorised...

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