SL MagistratesMockTrialClassroomNotes Final (5773)

Running a Magistrates’
Court Mock Trial

Classroom Notes
Running a Mock Trial
Classroom Notes
Age Range: KS3 or KS4 Cross Curricular Links:

Timing: This lesson(s) will last a minimum of two SMSC: Ability to recognise the difference between right
hours. It can easily be extended if necessary by allowing and wrong and to readily apply this understanding in their
more time during each individual stage of the lesson. It is own lives, recognise legal boundaries and, in doing so,
especially helpful to allow for more time during the mock respect the civil and criminal law of England.
trial.
Language and Literacy: This lesson supports
Curriculum references: aims relating to spoken language, reading and
writing and vocabulary development.
Citizenship main aims: Develop a sound
knowledge and understanding of the role of law and the English: Speak confidently and effectively including
justice system in our society and how laws are shaped through using standard English confidently in a range of
and enforced. formal and informal contexts, including class discussion.
Citizenship KS4: The legal system in the UK,

different sources of law and how the law helps society
deal with complex problems.
Citizenship KS3: The precious liberties enjoyed by

the citizens of the United Kingdom. The nature of rules and
laws and the justice system, including the role of the police
and the operation of courts and tribunals.
Related lessons plans:

■ Who’s to Blame? ■ Sentencing Myths ■ Sentencing Guidelines
Context
This lesson will help students to identify the different roles within the Worksheets and Resources:
magistrates’ court and provide them with information about what those
roles entail. The session culminates with a mock trial, in which Worksheet 1 - Role/Definition Cards
individual students take on various roles for both the prosecution and Worksheet 2 - Room Setup
defence.
Worksheets 3-14 - Role Guides
Lesson Objectives Worksheet 15 - Case (R v Tweeter)
Worksheet 16 - Case - Legal Adviser
By the end of the session students will:
Worksheet 17 - Order of Procedure
■ be more aware about the roles of the different professionals Worksheet 18 - Reflection Activity
within the magistrates’ court.
■ have gained an insight into the court procedure adopted Glossary
throughout a criminal trial.
■ have taken part in a mock trial, preparing for and taking on a PowerPoint Presentation
specific role.
© Young Citizens is an initiative of the Citizenship Foundation • Charity Reg. No. 801360 1
Classroom Notes
Additional information:
Setting up the room: Please refer to the ‘room setup’ document in your worksheet pack (worksheet 2) which gives details of
how the room should be set up for the mock trial element of the lesson.
Number of students: This lesson is designed for 22 students. This can be increased easily by allowing 3 or 4 students to act
as prosecution/defence lawyers, instead of 1 or 2 and having additional court reporters and court artisits. Equally you can take
that number down to 20 (or fewer) by not including court reporters/court artists and eliminating the need for observer judges.
Prior to the lesson you will need to think about how to allocate students to the various roles.
The following roles will need allocating (descriptions overleaf):
■ Magistrates x6 (+1 lead magistrate)

■ Prosecution lawyer x2
■ Defence lawyer x2
■ Legal adviser
■ Usher x1
■ Defendant x1 (Defence witness 1)
■ Witnesses (Prosecution witness 1, Prosecution witness 2, Defence witness 2)
■ Observer judges x3 (optional)
■ Court reporter (optional)
■ Court artist (optional)
The lead magistrate role should be taken on by a teacher.
Introduction (5 - 10 mins)
Explain to students that during this lesson(s) they will be exploring the roles and responsibilities that are taken on by the
different professionals involved in a magistrates’ court.
Tell students that they will be introduced to a real life criminal case. Each student will be allocated a role and asked to prepare
to take part in a mock trial.
Ask students to share any knowledge they currently have of magistrates’ courts and the roles of the people who are involved
in a criminal trial. Record any of their ideas as these will be referred to at the end of the lesson.
Classroom Notes
The roles, layout and procedure of court (15 minutes)

Cut up the cards on worksheet 1. Give each student either a ‘role’ or a ‘definition’ card.
Students need to find their partner by matching the role to the definition. Once they have found their partner, ask
them to go and stand in the correct place in the ‘court room’ section of the classroom according to their role.
Answers (slides 3 and 4):
ROLE DEFINITION
LEGAL ADVISOR Helps with any points of law which magistrates are not sure.
PROSECUTION LAWYER Has to prove that the defendant is guilty.
DEFENCE LAWYER Tries to put doubt in the jury’s minds of the defendant’s guilt.
MAGISTRATE Works voluntarily and decides the verdict.
WITNESS Gives evidence to the court.
COURT ARTIST Produces a drawing of the proceedings.
USHER Makes sure the case runs smoothly and swears in witnesses.
OBSERVER Someone who comes to watch the court case.
COURT REPORTER Writes a report on the case.
DEFENDANT The person accused of a crime in a court of law.
A layout of the court room and where each role should be standing can be found on worksheet 2. Once all students
are standing in the correct place within the courtroom section of the classroom tell them to pay careful attention to
where each role is standing as they will need to remember this information for when the mock trial begins.
Classroom Notes
Allocation of roles (5 mins)

Allocate each student one of the following roles and give them a copy of their role guide, a copy of the case R v
Tweeter* and a copy of the order of procedure (Worksheets 3-11).
■ Prosecution lawyer x2
■ Defence lawyer x2
■ Witness x3
■ Defendant x1
■ Legal adviser
■ Usher x1
■ Court reporter
■ Magistrates x6 (+1 lead magistrate)
■ Observer judges x3
■ Court artist
If you have more than 22 students, allocate additional defence and prosecution lawyers as well as additional
court reporters and court artists.
If you have fewer than 22 students the roles of court artist and court reporter can be left out.
* R v Tweeter is the case that has been included within this mock trial pack. Other cases are available
for purchase on the SmartLaw website:www.smartlaw.org.uk/resources
Case analysis and mock trial preparation (30-45 mins)

Split the class into groups according to which roles they have been allocated. Ensure that each student has a
copy of their role guide, a copy of the case and a copy of the order of procedures (Worksheets 3-17).
Ask each group to analyse the case and use their role guide to help them prepare for the upcoming mock trial.
Each role guide contains a number of key areas to consider during their preparation.
NB: You may find it useful at this stage to recruit a number of legal professionals if possible to work
with the individual groups advising them on how to prepare for their role, though this is not essential to
this exercise.
Classroom Notes
Running the Mock Trial (55 mins)

Use the order of procedure document (worksheet 15) to facilitate the mock trial.
Plenary (10-15 mins)

Remind students that during this lesson they have looked at the roles and responsibilities of the various
professionals within a magistrates’ court. Each student has then taken on one of these roles and prepared to
take part in a criminal trial.
Refer students back to the list they made at the start of the lesson showing what they already knew about
magistrates’ courts. Ask them if they would like to add anything to this list, or if there is anything there that they
now know is not accurate.
Ask students to further reflect on their learning using the questions on PowerPoint slides 6 and 7. This could be
done individually as a written exercise or through discussion in pairs or small groups.
Alternatively if you would like to keep a record of what students have learnt during this session(s), ask them to
complete worksheet 18.
Don’t forget to collect in the court artist’s drawings and the court reporter’s report if you have used these roles.
Worksheet 1
PROSECUTION
LEGAL ADVISER
LAWYER
DEFENCE
MAGISTRATE
LAWYER
WITNESS COURT ARTIST
OBSERVER USHER
COURT REPORTER DEFENDANT
Worksheet 1
Helps with any points

of law which the Has to prove that the
magistrates are not defendant is guilty.
sure of.
Tries to put doubt in the Works voluntarily

magistrates minds. and decides the
verdict.
Gives evidence to Produces a drawing of

the court. the proceedings.
Makes sure the case Someone who

runs smoothly and comes to watch the
swears in witnesses. court case.
Writes a report on the The person accused of

case. a crime in a court of
law.
Worksheet 2
Room Setup
The front half of the room should be set up so that students can work in small groups as they prepare for
the mock trial.
The back half of the room should be set up as follows to represent a court room.
NB: It is helpful to have an area of the classroom (or outside the classroom) set up
as a retiring room for the jury to use whilst considering their verdict.
Magistrates
TABLE TABLE Defendant
DOCK
Legal Adviser
Witness
Stand TABLE
TABLE TABLE
Usher
Prosecution Defence
Lawyers Lawyers
Worksheet 3
Role Guide - Lead Magistrate x1

As a lead magistrate you will sit on the bench with six other student
magistrates. The role of the lead magistrate is primarily to assist with the
smooth running of the trial.
Things to do:
■ Familiarise yourself with the order of procedure.

■ Read and familiarise yourself with the case.
■ Highlight your role on the order of procedure so that you know when it is your turn to speak.
Other important information:
■ The defendant is innocent until proven guilty.

■ The prosecution have to prove that the defendant is guilty so that the magistrates are completely sure of the
defendant’s guilt.
■ You will need to be familiar with the witness statements in order to assess whether or not the witnesses are
sticking to their statement and whether or not the lawyers are introducing new evidence, as you will need to
intervene to remind them this is not allowed.
BEFORE the trial:

The Usher will come and collect you to bring you to the courtroom. You will need to tell the magistrates how they
will enter the room - in single file with three in front of you and three behind. Make sure they know how to bow to
the court before they sit down and then you will say ‘Good morning/ afternoon.’
DURING the trial:

You may want to make notes during the trial so that you will remember the evidence when it comes to making
a decision. You may also want to encourage the other magistrates to make notes. You can use the worksheets
which are attached to this document.
At the end of the trial - after the legal adviser has summarised the law - announce to the court: ‘Having listened
to the evidence put before the bench, the magistrates will retire to consider the evidence and reach their deci-
sion.” The usher will lead you out of the courtroom to consider the verdict.
Worksheet 3
Role Guide - Lead Magistrate x1

Case:
Elements of The prosecution must make the magistrates sure

the offence that…
Elements not
in dispute
(agreed facts)
Elements in
dispute
Evidence on the disputed facts:
In support of the prosecution In support of the defence
Worksheet 4
Role Guide - Magistrate x6

You will decide the verdict of the case. In real life, your decision would have
an effect on the defendants freedom.
Things to do:
■ Fill in the top section of the Verdict Worksheet using the case.
■ Choose one person to be the lead magistrate, they will read out the verdict at the end of the case and need to
check the order of procedure. The lead magistrate will also have their own role guide.
■ Think about how you would argue the case if you were the lawyers.

■ The prosecution have to prove that the defendant is guilty so that the magistrates are completely sure of the
defendant’s guilt.
■ You will need to be familiar with the witness statements in order to assess whether or not the witnesses are
sticking to their statement and whether or not the lawyers are introducing new evidence.
On the bench:
Listen to the case and make notes on the evidence presented for both sides of the case on your worksheet. Think
about how this evidence links to the facts in dispute.
In the retiring room:

Magistrates are responsible for deciding whether the defendant is guilty or not guilty.
Only use the evidence to make your decision, not your own opinion of the defendant or the lawyers. Listen to the
other magistrates’ points and use these to help you develop your ideas.
Worksheet 4
Role Guide - Magistrate (verdict worksheet)
What the prosecution The prosecution must make the magistrates sure
must prove that…
Agreed facts
(what everyone agrees
is true)
Disputed facts
(what the prosecution
and defence disagree on)
Evidence on the disputed facts:
In support of the prosecution In support of the defence
Worksheet 5
Role Guide - Court artist
You are a court artist. You will be drawing a picture of the court room
that accurately reflects the proceedings of the trial.
Things to do:
■ Produce a drawing of the proceedings that shows what is happening at the trial.
■ Draw in the same style as a court artist’s sketch as opposed to a cartoon or comic style (see examples overleaf).
■ Think about the perspective of the drawing and which angle will best show what is happening in the trial.
■ Make the drawings resemble the subjects as closely as possible.
■ During preparation for the mock trial you can also help the barristers to think up questions for their
examination in chief and cross examination.
■ Think about what key elements of the court room you could include.
■ Include details in your picture that will help anyone looking at the picture to get an idea of what is
happening.
■ Look at how the court room is set up and think about how you can reflect that in your picture.
Real court rules:
Court artists working in the UK are prevented from drawing anything in court by an Act of Parliament dating back to
1925.
Instead, artists write brief notes about the hair, facial features, clothing and body language of the main players, before
transferring the image to paper outside the courtroom.
All drawing is done from memory. However, for the purposes of this lesson, you may draw in the courtroom.
Worksheet 5
Worksheet 6
Role Guide - Court reporter

You are a court reporter. You will be writing a report that accurately reflects
the proceedings of the trial in court.
Things to do:
■ Produce a report which details the proceedings of the trial and accurately summarises the events.
■ Write your report in the style of a local newspaper, tabloid or broadsheet.
■ Think about the key information to record about the trial.
■ Make sure that what you have written is fair and accurate.
■ Once you have finished your preparation for the mock trial you can assist the lawyers in thinking up questions for
their examination in chief and cross examination.
■ It is good to include quotes in your report from the lawyers or witnesses but you cannot approach the magistrates for
a quote.
■ Include a short, attention grabbing headline.
■ Make sure you have a strong introduction and conclusion to your report.
Real court rules:
Make sure your report does not infringe any of the laws outlined below.
Contempt - The magistrates, not the press, decide the case. Reporters must not write anything to prejudice a fair trial.
Libel - The law assumes that everyone has a good reputation. Do not write something that suggests otherwise unless
you have evidence that it is correct.
Reporting restrictions - The administration of justice must be done in public; therefore publication of accurate reports
of proceedings should not be prevented. However, there are restrictions on the reporting of the identity of young people
under 18 (address, school etc.), unless the defendant is convicted. The identity of an alleged victim of rape or sexual
assault is also protected.
Worksheet 7
Role Guide - Observer judge x3 (optional)

Things to do:
■ Familiarise yourself with the order of procedure and role guide.

■ You will also need to read and familiarise yourself with the case in order to assess whether or not the witnesses are
sticking to their statement and whether or not the lawyers are introducing new evidence, as you are responsible for
marking each individual student.
During the trial:
■ You are responsible for scoring all of the students taking part in the trial.
■ The students’ performance should determine the judges’ score, rather than the merits of the case. The actual verdict
reached in the trial is irrelevant to the score of the team.
■ Although you are part of a panel of observer judges, you must not confer with each other.
■ At the end of the trial, add up your individual marks to determine the overall score for each team.
■ All students, with the exception of the lawyers, get a maximum of 10 marks. lawyers get 10 marks for each part of
their performance. The team also gets up to 10 marks for their overall performance.
Give a higher score if: Give a lower score if:
1) There is virtually no reliance on a script. 1) They read completely from a script.
2) No new evidence is introduced. 2) They introduce new evidence.
3) Information is completely accurate. 3) They are unclear or inaccurate.
4) They presented confidently. 4) They lack confidence.
5) They spoke clearly and loudly. 5) They spoke quietly.
6) They follow procedure well. 6) They do not follow procedure.
7) All of the main issues of the case are 7) They have not identified the main issues
identified in their own words. of the case.
8) They take it seriously and are paying 8) They don’t take it seriously and are not
attention at all times. paying attention at all times.
9) They are always convincing with their 9) They are not convincing with their
arguments. arguments.
Worksheet 7
Role Guide - Judging sheet
Clear and concise description of the case.

Opening speech by barrister
Confident presentation showing evidence of fact.
Elicitation of the facts by short and simple questions.
Examination in chief No leading questions asked.
(by barrister) Clear and concise questioning.
Questions take account of answers (spontaneity).
Use of evidence raised in examination in chief other side.
Elicitation of the facts by short and simple questions.
Cross-examination Only leading questions asked.

(by barrister) Clear and concise questioning.
Questions take account of answers (spontaneity).
Willingness to use witnesses’ comments and not rely on prepared notes.
Accurate summing up of the case (with mention of the burden of proof).
Closing speech Weaknesses in the opposition’s evidence highlighted.
(by barrister)
Confident presentation (without reading from a script).
Confident presentation showing thorough learning of the evidence.
Spontaneous responses.
Witnesses
Convincing testimony.
Believable characteristics.
Team identification slip given in.
Identifies defendant and reads indictment correctly.
Court clerk
Accurate reading of Section 9 statement(s).
Swears in and leads out jury correctly.
Worksheet 7
All witnesses sworn in correctly using affirmation.

Witnesses accompanied to and from witness stand.
Usher
Court asked to rise at appropriate times.
Disruptions dealt with.
Work well as a team.
Overall team performance Overall impression that they know what they are doing and the
trial flows well.
Worksheet 7
Role Guide - Judging sheet

Final Verdict Guilty Not guilty
Stage in the trial Prosecution Max Defence Max

Prosecution opening speech
10
Examination in chief of first
prosecution witness
10
Cross examination of first
prosecution witness
10
First prosecution witness 10

Examination in chief of
second prosecution witness
10
Cross examination of
second prosecution witness
10
Second prosecution 10
witness
Examination in chief of de-
fendant 10
defendant 10 10
Defendant
Examination in chief of de-

fence witness 10
defence witness 10 10
Defence witness 10
Defence closing speech 10
Legal adviser (overall role) 10

Usher (overall
10
performance)
Court clerk (overall
10
performance)
Overall team performance
(out of 10)
© Young Citizens is an initiative of the Citizenship Foundation • Charity Reg. No. 801360 10 19
Worksheet 8
Role Guide - Witness/Defendant

Things to do:
■ Get to know your statement (you will be able to take it with you to the witness box.)
■ Help the lawyer who will be doing an examination-in-chief of you to prepare their questions/speeches. The list below tells
you who you should help:
If you are... Help...
Prosecution witness 1 Prosecution lawyer 1
Prosecution witness 2 Prosecution lawyer 2
Defence witness 1 (Defendant) Defence lawyer 1
Defence witness 2 Defence lawyer 2
In the witness stand:
■ You will be called to the stand by the lawyer.

■ The usher will lead you from your seat to the witness stand and swear you in – remain standing.
■ The lawyer you have worked with will ask you questions.
■ Another lawyer will cross-examine you and highlight any contradictions or changes to your story.
Hints and tips:
Do Don’t
Speak naturally & give short answers. Give long answers or read directly from
your statement.
Speak loudly and clearly.
Worksheet 9
Role Guide - Usher

You make sure that everyone is in the right place at the right time and
swear in witnesses.
Things to do:
■ Read through and get to know the order of procedure. Highlight your role so that you know when you are needed.
■ Help the legal adviser to write their summary of the law.
BEFORE the trial:
■ Ensure everyone is sitting in their designated seats.

■ Let the magistrates know that the court is ready.
DURING the trial:
■ Ask the court to rise when the magistrates enter and leave the room.
■ Escort all witnesses to and from the witness box.
■ Swear in the witnesses using the affirmation (SEE THE ORDER OF PROCEDURE).
■ Ensure that people do not disturb the proceedings. Do not allow people to use mobiles.
AFTER the trial:
Wait near the door the magistrates used to leave the court while they are deciding their verdict so that they can tell you when
they are ready to come back in.
Worksheet 10
Role Guide - Legal adviser

You help the magistrates understand the law because you have legal training.
Things to do:
■ Fill in the spaces on the order of procedure and highlight your role so you know when to speak.
■ You will find a document at the end of the case (R v Tweeter) called ‘Legal Adviser’ - please read this document as it will
help you to prepare for this role.
■ Practice reading out the Section 9 statement.
■ Prepare as much as you can of your Summary of the Law (the rest you will do during the case.)
Section 9 statement:
This statement contains the undisputed facts; therefore the witness does not need to attend the court for questioning. The
prosecution lawyers will ask you to read out the statement after they have called the two prosecution witnesses.
Summary of the law:
Put the information in the case into your own words to summarise the case for the magistrates.
In reality...
In a real trial the legal adviser would not usually stand up at this point but would be available to answer queries from the
magistrates while they are out deliberating. However, you will have time to prepare a speech as it would be difficult for you to
answer questions.
Worksheet 11
Role Guide - Defence lawyer 1

You are a lawyer for the defence. This means that you are trying to get a
verdict of not guilty (put a doubt into the magistrates’ minds about whether
the defendant committed the crime.)
Things to do:
■ Analyse statements of the witnesses you are questioning and make notes of strengths and weaknesses.
■ Write a closing speech.
■ Prepare a cross-examination of Prosecution witness 1.
■ Prepare an examination-in-chief of Defence witness1 (defendant).
■ Call the lead magistrate ‘Sir’ or ‘Madam’.

■ Call the rest of the magistrates ‘Your Worship(s)’.
■ Call other lawyers ‘my learned friend’, pronunce ‘learn-ed’ (this means qualified as a lawyer).
■ You do not have to prove that the defendant is innocent; you just need to try and make the magistrates unsure.
Closing speech:
Your closing speech should last 5 minutes and include the following 2 things:
1) A brief outline of the charge against he defendant (See ‘the charge’).
2) A summary of the evidence that has been heard in court that proves the defence case.
Worksheet 11
Examination in chief:
You will have 4.5 minutes to call the witness and get the facts from him/her:
1) Establish all the main points of your case as clearly and persuasively as possible.
2) Be concious of information which the jury may question, or find issue with. This can put your witness in a vulnerable
position when cross-examined.
3) Don’t use leading questions. These are questions that put words into the mouth of the witness. To avoid leading, use
questions that start with What, Why, When, How, Where, Who. Here are some examples:
LEADING NOT LEADING

You went into the shop, didn’t you? Where did you go next?
Would you say that the assailant was What did the assailant look like?
a tall person? How did the defendant behave?
Is it not true that the defendant is an
aggressive person?
Cross Examination:
You will have 4.5 minutes to examine the opponent’s witnesses:
1) Highlight flaws and inconsistencies in the opposition’s case – you could use leading questions to expose contradictions.
However, try not to be too aggressive.
2) Put your case to the opponent’s witness.
3) A flow chart is a good way to prepare your questions so that you can be prepared for different answers, e.g.
Were you drunk?
Yes No
So you were drunk, and you can’t be But you had drunk a bottle of
sure of exactly what you saw can you? wine hadn’t you?
Worksheet 12

You are a lawyer for the defence. This means that you are trying to get a
verdict of not guilty (put a doubt into the magistrates’ minds about whether
the defendant committed the crime.)
Things to do:
■ Write a closing speech.
■ Prepare a cross-examination of Prosecution witness 2.
■ Prepare an examination-in-chief of Defence witness 2.

■ Call other lawyers ‘my learned friend’, pronunce ‘learn-ed’ (this means qualified as a lawyer).
■ You do not have to prove that the defendant is innocent; you just need to try and make the magistrates unsure.
Closing speech:
Your closing speech should last 5 minutes and include the following 2 things:
1) A brief outline of the charge against he defendant (See ‘the charge’).
2) A summary of the evidence that has been heard in court that proves the defence case.
Worksheet 12
LEADING NOT LEADING

aggressive person?
Cross Examination:
Were you drunk?
Yes No
Worksheet 13
Role Guide - Prosecution lawyer 1

You are a lawyer for the prosecution. This means that you are trying to get
a verdict of guilty (prove the defendant did the crime).
Things to do:
■ Write an opening speech.
■ Write examination-in-chief of Prosecution witness 1.
■ Write cross examination of Defence witness 1 (defendant).

■ Call other lawyers ‘my learned friend’, pronounced ‘learn-ed’ (this means qualified as a lawyer).
■ The burden of proof lies with the prosecution, which means it is down to the prosecution to prove the defendant is guilty -
the magistrates must be convinced beyond a reasonable doubt, so that they are sure.
■ The defence do not have to prove the defendant is innocent.
Opening speech:
Your opening speech should last 3 minutes and include the following 2 things:
1) An explanation of the burden of proof (See ‘Other important information’above).
2) A brief outline of the facts of the case (See the ‘Summary of Facts’ in the case R v Tweeter).
Worksheet 13
LEADING NOT LEADING

aggressive person?
Cross Examination:
Were you drunk?
Yes No
Worksheet 14

You are a lawyer for the prosecution. This means that you are trying to get
a verdict of guilty (prove the defendant did the crime).
Things to do:
■ Write an opening speech.
■ Write examination-in-chief of Prosecution witness 2.
■ Write cross examination of Defence witness 2.

■ Call other lawyers ‘my learned friend’, pronounced ‘learn-ed’ (this means qualified as a lawyer).
■ The burden of proof lies with the prosecution, which means it is down to the prosecution to prove the defendant is guilty -
the magistrates must be convinced beyond a reasonable doubt, so that they are sure.
■ The defence do not have to prove the defendant is innocent.
Opening speech:
Your opening speech should last 3 minutes and include the following 2 things:
1) An explanation of the burden of proof (See ‘Other important information’above).
2) A brief outline of the facts of the case (See the ‘Summary of Facts’ in the case R v Tweeter).
Worksheet 14
LEADING NOT LEADING

aggressive person?
Cross Examination:
Were you drunk?
Yes No
Worksheet 15
Case R v Tweeter
Summary of Facts
On 31st December between 10.15pm and 10.45pm a fake Facebook profile was set up in the name of Roni
Avatar, the injured party in this case.
A group called ‘Cheatersunited’ was also set up. Data obtained from Facebook reveals that the profile and the group were
set up from a computer using an internet connection at 18 Eastern Avenue, Lanbury, where the defendant Alex Tweeter
resides with his parents. At the time the profile and the group were set up, the defendant was hosting a party at his/her
parents’ house. During the party, the defendant was seen entering the room where his/her laptop was stored at
approximately 10.00pm and making some jokes with friends about how obsessed s/he was with Facebook.
From 22 January until around March, Roni Avatar received approximately 20 abusive text messages each day from an anon-
ymous telephone number and threatening emails on a regular basis from an anonymous email account. The emails and text
messages seem to be connected to the fake Facebook profile as the content of the messages and the
Facebook profile page are very similar.
The Charge – Harassment

That from 31st December to the following March Alex Tweeter pursued a course of conduct which amounts to
harassment of Roni Avatar, contrary to Section 2 of the Protection from Harassment Act 1997
Worksheet 15
Case - Prosecution Witness Statement 1

Name Roni Avatar
Age Over 18
Address 55 West Road, Lanbury
Occupation Restaurant Manager
Date of statement 16th April
I am deputy manager of a local restaurant in Lanbury. Before that I was at college. Alex Tweeter was in the same class as
me. We got on quite well at college until Alex started to spread rumours that I’d cheated in my A-Level exams. The rumours
were not true but I became really unpopular because of them and my last month or so of college was a complete night-
mare. I stopped speaking to Alex once we left college and we haven’t seen each other since.
In mid-January some friends starting sending me text messages asking me why I had posted comments on Facebook
including admitting to cheating in my A-Level exams and why I hadn’t replied to any of their Facebook messages. I didn’t
have a clue what they were talking about. I’m not a member of Facebook as I’m not that good with computers.
On 21st January one of my friends, Charlie, logged onto Facebook and showed me a fake profile set up in my name. About
20 of my friends had been added as friends and on the profile page it was written, as if coming from me, that I had cheated
on my A-Level exams and that my hobbies were cheating and stealing. I was shocked and very upset. There were some
posts on the wall from some of my friends asking if everything was okay. A few photos of me from nights out during college
had been uploaded and there were a few false “status updates” about what I had been doing on different days. One update
said that I had been sacked from my job, which is not true.
I suspected that Alex had set the fake profile up because of the untrue allegations that I’d cheated on my exams. I was
surprised that Alex had dragged this up again given that we hadn’t spoken for months. The same day, I contacted Face-
book to complain about the fake profile and they took it down but by that stage it had been on Facebook for three weeks.
I then started getting abusive emails from an anonymous email address and text messages from a number I didn’t
recognise or have stored in my phone. They said things like “Watch your back cheat” and “Everyone hates cheaters like u.”
I was getting about twenty text messages and three or four emails a day. Again, I suspected Alex was behind the emails
and text messages even though the texts didn’t seem to be from his/her number.
I felt completely harassed and under attack and after about four weeks of this I went to the police with Charlie. The final
straw was a text message which said “Cheaters like you should die.” Which was sent to me five times in one day. I
remember thinking that the word “Cheaters”, rather than “Cheats” had also been used on the Facebook group.
Worksheet 15
Case - Prosecution Witness Statement 2

Name Charlie Poker
Age Over 18
Address Flat 2a, 180 Southern Court, Lanbury
Occupation Student
I am a friend of Roni Avatar’s from college. I went to Alex Tweeter’s house party at his/her parents’ house on 31 December.
I arrived at the house with a couple of other friends at about 8.30pm. Lots of other people were arriving at around the same
time. After chatting with Alex in the downstairs hallway for a while, I went upstairs to put my coat in one of the
bedrooms. There were plenty of people upstairs queuing up to use the bathroom and there were some people listening to
music on the laptop in Alex’s room. I then went back downstairs and spent the next hour or so in the kitchen and lounge
speaking to friends from college. I saw Alex around but we didn’t get a chance to speak.
At about 10.00pm I went upstairs to the bathroom. Alex walked upstairs with me and we chatted briefly. I remember it was
10.00pm because we looked at our watches to check how long it was until midnight and we had exactly two hours to go.
Alex went off to his/her bedroom and I heard him/her joke about spending too much time on Facebook. I went back down-
stairs shortly afterwards. I didn’t see Alex downstairs for about an hour when I glanced along the crowded hallway in the
direction of the stairs and noticed him/her walk downstairs and go out into the garden.
Everyone saw in New Year’s Eve whilst dancing in the lounge. I stayed at the party until 2.00am when I shared a taxi home
with a few friends.
At about 3.00pm the next day (on 1st January) I logged onto Facebook to look at the photos from the night before. Whilst
on the site I accepted a friend request from Roni. I clicked onto his/her profile and was shocked to read that Roni had
admitted to cheating on his/her exams. The information section said it was Roni’s New Year’s resolution to tell the truth and
that the
truth was s/he had cheated. There was a “status update” saying “I am sad and lonely and have no friends on New Year”.
I posted a message on Roni’s wall asking if everything was OK but I didn’t hear anything back. A few weeks later, I was
on Facebook and noticed a “status update” on Roni’s profile and decided to text him/her to ask what was going on. Roni
replied straight away saying s/he didn’t know what I was talking about. Roni came over to my flat on 21st January and I
showed him/her the profile. Roni was upset and s/he immediately sent a complaint to Facebook.
Worksheet 15
Case - Prosecution Witness Statement 3 - Section 9 statement

Name Chris Patel
Address Facebook Help Centre, UK office, London

Section 9 Statement
This statement is simply to be read out in court. Nothing in it is disputed and the defence have
no questions to ask this witness.
I was working at my job at the Facebook Help Centre on 21st January when I received a message reporting a fake pro-
file from Roni Avatar who complained about being harassed on our platform, Facebook, in addition to text messages and
emails.
I responded by checking our internal database as well as tracing the IP address linked to the fake profile in question of
Roni Avatar. The results are as follows:
1) That the profile and the group “Cheatersunited” had been created between 10.15pm and 10.45pm on 31st December
GMT Standard Time;
2) The IP address used was registered to 18 Eastern Avenue, Lanbury, which is the address where Alex Tweeter’s parents
live;
3) At 10.50pm the same computer was used to log onto the Facebook account of Alex Tweeter; and
4) The email address used to create the Facebook profile was a Hotmail address in the name of Roni Avatar.
This information was provided to the officer in charge of the case, PC Ian Cyber at Lanbury Police Station that same day on
21st January. The profile of Roni Avatar was removed following the complaint.
Worksheet 15
Case - Defence Witness Statement 1 (Defendant)

Name Alex Tweeter
Age Over 18
Address 18 Eastern Avenue, Lanbury
Occupation Student
Before university, I went to college in Lanbury where I was in the same form group as Roni Avatar. I was never close friends
with Roni and we lost touch when I went to university. During the last term of college Roni was under the impression that I
had started a rumour that s/he had cheated on an exam. I was aware of this rumour but I did not start it. I have no idea why
Roni thought it was me. I didn’t have a grudge against him/her.
Over the Christmas holidays I was at home at my parents’ house. Whilst I was at home I only used my parents’ internet
connection a few times to check Facebook and my Hotmail account on my laptop. The fake Facebook account of Roni set
up from my parents’ IP address on 31st December certainly wasn’t set up by me. On that day I was busy getting ready
for a New Year’s Eve party at my parents’ house that night. Loads of friends from college came along from about 6.00pm
onwards. It was our first big reunion since everyone left college and went their separate ways. During the party there were
loads of people all over the house and out in the garden. I spent most of the evening catching up with people downstairs in
the kitchen and garden. As far as I know my laptop was in my bedroom all night.
At 9.40pm or so we started playing Wii in the living room for just over an hour. During that time when my turn was up I did
go upstairs at one point to use the bathroom as the one on the main floor was being used and ran into Charlie when I came
out. I went in my room for a few minutes to quickly log onto Facebook and check some pictures from a recent ski trip that
someone had just mentioned had been posted, but I didn’t stay for too long. I remember seeing some people go upstairs
after I came back down, and there were people going in and out of my room all night. I can only think that someone
else at the party must have set up the account at some point during the party without me knowing.
I haven’t had any email contact with Roni since I went to university. In fact, I can’t remember ever having emailed him/her.
only use my Hotmail account for doing university work. I tend to use Facebook to stay in contact with people from school
and college.
Worksheet 15
Case - Defence Witness Statement 2

Name Jamie Bing
Age Over 18
Address 83 North Street, Lanbury
Occupation Receptionist
I am a friend of Alex’s from college. I went to Alex’s house party on New Year’s Eve at his/her parents’ house. I arrived early
at 5.00pm to help set up for the party and I was there until it finished at 3.00am on the morning of 1st January. I also stayed
over at Alex’s house after the party so I was at his/her house for the entire night.
Those people who were coming round for a take-away before the party started to arrive at 6.00pm. About 10 of us had food
from 6.00pm for roughly one hour. We tidied up and then at 7.30pm more people started to arrive. The house was full of
people by 9.00pm. I remember that most people were downstairs either dancing in the lounge or talking in the kitchen and
for a while some people were playing Wii as well. Some people were also outside in the garden later in the night when Alex
had a fireworks display.
At some point in the evening I overheard some people talking about some photos that had been posted on Facebook
earlier that day of a recent ski trip. There were also people upstairs in Alex’s bedroom and his/her brother’s room where we
were storing our coats and bags.
I spent virtually the whole night downstairs with Alex in the kitchen. I remember Alex went upstairs a couple of times to
check everyone was having a good time but I don’t think Alex spent much time in his/her room. Everyone gathered in the
lounge at around midnight to see in the New Year.
I know that Alex has been accused of harassing Roni. I can’t believe that s/he would do such a thing. S/he is a very loyal
friend and is not one to bear grudges.
Worksheet 16
Case - Legal adviser

At the end of the trial, it is the job of the legal adviser to sum up for the
magistrates the main issues in this case. To do this well, they need to fully
understand what the case is all about and what the key messages are. The
following areas need to be considered:
1) The law which creates the offence of harrasment
According to section 1(1) of the Protection from Harassment Act 1997:

“A person must not pursue a course of conduct (a) which amounts to harassment of another, and (b) which he knows or
ought to know amounts to harassment of the other”.
Section 2 of the Act says that a person who pursues a course of conduct in breach of section 1(1) is guilty of an offence.
The punishment is imprisonment for a maximum of six months and/or a fine.
Section 1(1) can be broken down further by looking at other sections of the Act:
■ Under section 7(3) a “course of conduct” is conduct on at least two occasions directed towards the same person.
■ According to section 7(2) “harassment” includes alarming the person or causing the person distress.
■ Section 1(2) states that a person “ought to know” their conduct amounts to harassment if a reasonable person would
think the course of conduct amounted to harassment. A “reasonable person” is the average person walking down the
street who has the same information as the defendant.
Therefore, in this case the prosecution have to prove that:
■ The defendant has pursued a course of conduct against Roni.

■ That the course of conduct amounts to harassment (e.g. it has caused Roni to be alarmed/distressed).
■ The defendant knows or ought to know his/her behaviour amounted to harassment.
Worksheet 16
Case - Legal adviser

Defences
Note that there are a number of defences in the Act that the defence could raise, for example, showing that the course
of conduct was for the purpose of preventing a crime. However none of these are relevant to the case.
The Burden and Standard of Proof

In English Criminal law the ‘burden of proof’ will usually (save for rare exception) fall upon the prosecution, this means
that they must prove that the defendant is guilty of the offence for which they are charged. There is no burden upon the
defendant to prove he is innocent. This has been referred to as the golden thread of English law.
The standard of proof which the prosecution must prove is beyond all reasonable doubt; this means that in order to
convict, a jury must be satisfied so that they are sure of the defendants’ guilt.
2) Evidence
As legal adviser, it is important to remind the magistrates that in reaching a decision they must concentrate only on the
evidence they have heard in court. They should also concentrate on conflicting pieces of evidence from witnesses so
they can reach a decision about the facts of the case.
It is not necessary for you to attempt to summarise what each of the witnesses has said in court but it will be helpful if
you have made a note of the following:
■ What the prosecution said at the start of the case.

■ What the defence said when they summed up at the end.
■ This will allow you to remind the magistrates of what the prosecution said they would try to prove and the reasons
the defence have given for the judges to find Alex not guilty.
■ When advising the magistrates you may also want to suggest some questions they may ask themselves. For exam-
ple:
■ What evidence is there that the defendant created the Facebook profile and sent the messages?
■ What evidence is there that the defendant is not the person who set up the profile and sent the messages?
Worksheet 17
Role Event (spoken lines in pink)

Usher ‘Court rise’
Everyone Stands
Usher Leads magistrates into courtroom
Magistrates Enter the court. Bow to the court before sitting. Lawyers and court staff bow in return
Everyone Sits.
Legal adviser Asks the defendant (Alex Tweeter) to stand.
Defendant Stands.
Legal adviser What is your name?
Defendant States name.
You are charged with (insert charge from case outline here).
Legal adviser
Do you understand?
Defendant Yes
Legal adviser Do you plead guilty or not guilty?
Defendant Not guilty
To the magistrates:
Legal adviser ‘The defendant has consented to a trial in a magistrates’ court
We are in a position to proceed with the trial today May the
Lead Gives the defendant permission to sit down.
1st prosecution
Makes the opening speech.
Lawyer
1st prosecution
Lawyer Calls the 1st prosecution witness (Roni Avatar).
Leads 1st prosecution witness to the witness box. Asks them to repeat this affirmation:
‘I do solemnly, sincerely and truly declare and affirm
Usher that the evidence I shall give shall be the truth, the
whole truth and nothing but the truth.’
1st prosecution
Repeats affirmation.
Witness
Worksheet 17
1st prosecution Examination in chief of 1st prosecution witness (Roni Avatar).

Lawyer
1st defence Cross examination of 1st prosecution witness (Roni Avatar).

Lawyer
Usher Leads 1st prosecution witness back to his / her seat.
2nd prosecution Calls 2nd prosecution witness (Charlie Poker).

Lawyer
Leads 2nd prosecution witness to the witness box. Asks them to repeat this affirmation:
Usher ‘I do solemnly, sincerely and truly declare and affirm
that the evidence I shall give shall be the truth, the
whole truth and nothing but the truth.’
2nd prosecution Repeats affirmation.
Witness
2nd prosecution Examination in chief of 2nd prosecution witness (Charlie Poker).

Lawyer
2nd defence
Cross examination of 2nd prosecution witness (Charlie Poker).
Lawyer
Usher Leads 2nd prosecution witness back to his/her seat.
2nd prosecution Asks Legal Adviser to read Section 9 statement.

Lawyer
Legal adviser Reads Section 9 statement (Prosecution Witness Statement 3).
2nd prosecution This is the case for the prosecution.

Lawyer
1st defence Calls the defendant (Alex Tweeter).

Lawyer
Leads defendant to the witness box. Asks them to repeat this affirmation:
whole truth and nothing but the truth’.
Defendant Repeats affirmation.
1st defence Examination in chief of the defendant (Alex Tweeter).

Lawyer
1st prosecution Cross examination of the defendant (Alex Tweeter).

Lawyer
Worksheet 17
Usher Leads the defendant back to the dock.
2nd defence
Calls defence witness (Jamie Bing).
Lawyer
Leads defence witness to the witness box. Asks them to repeat this affirmation:
whole truth and nothing but the truth’.
Defence Repeats affirmation.
witness
2nd defence Examination in chief of defence witness (Jamie Bing).
Lawyer
2nd prosecution Cross examination of defence witness (Jamie Bing).
Lawyer
Usher Leads defence witness back to his/her seat.
1st defence Makes their closing speech then finishes by saying:

Lawyer This is the case for the defence.
Legal adviser Summary of law for the magistrates.
Announces to the court:

Lead ‘Having listened to the evidence put before the bench, the
magistrate magistrates will retire to consider the evidence and reach their
decision.’
Usher Court rise.
Everyone Stands.
Once the jury have reached a verdict, lead them back into the courtroom. Once
Court clerk
everyone is seated, ask the foreman to stand and announce their verdict.
Usher Court rise.
Everyone Stands.
Magistrates Retire to consider their verdict.
‘Court rise’
Usher
Leads magistrates into the court room.
Magistrates Enter the court. Bow to the court before sitting.
Lawyers and
Bow in return and sit.
court staff
Lead Tells the court the verdict.

magistrate
Worksheet 18
Reflection
1) The thing I enjoyed most about doing the mock trial was…
2) The thing I enjoyed least about doing the mock trial was…
3) Below is a list of statements about things you may have learnt and skills you may have developed through doing the mock
trial.
For each statement answer: yes, no or not sure
I know about the people in a I feel more confident talking in

court. front of an audience.
I know what happens in a trial I can work better with other

at a magistrates’ court. people.
I know what the burden of I am better at speaking clearly

proof is. so people can hear me.
I know the difference between I can analyse an argument

examination in chief and cross and find its strengths and
examination. weaknesses.
4) One thing that I think I did well was:
5) Since being involved in the mock trial I think I will be better at:
Glossary LEGAL ADVISER - A court official who performs an

essential role in providing legal advice to
magistrates. For the purpose of this lesson plan they
ADMINISTRATIVE LAWS - Laws which set out what read out the charge of the defendant and any
public bodies can do and what their responsibilities statements directed by the lawyers.
are.
MAGISTRATE – a civil officer who administers the
AFFIRMATION - A testimony instructed by the usher law, dealing with minor offences and holding
to be spoken by a witness before they give preliminary hearings for more serious ones. They
evidence. decide whether the defendant is guilty or not guilty.
CASE LAW - Laws decided by a decision of judges MAGISTRATES COURT – All prosecutions begin at
in the courtroom. It forms a ‘precedent’ which this court. They are heard by 3 magistrates who can
similar cases must follow. decide whether to refer the case to a higher court
due to its seriousness or serve a judgement
CIVIL LAWS - Laws which govern the private themselves.
relationships between people. If they are broken, a
remedy usually in the form of financial OPENING SPEECH – The prosecution summarise
the case against the defendant and what they will
compensation is sought.
demonstrate through their evidence. The defence
confirm the defendant’s innocence and explain
CLOSING SPEECH - The prosecution and defence what the prosecution will have to prove.
summarise the evidence they have presented and
comment on the weaknesses in the other side’s PROSECUTION LAWYER – They represent the
case. This is their last opportunity to persuade the Crown, prosecuting the defendant and working
magistrates of their case. towards reaching a correct verdict (not just a guilty
one).
CPS - Crown Prosecution Service is a public body of
the State who prosecutes against people who are STANDARD OF PROOF – As a defendant is
accused of a crime if there is enough evidence. presumed to be innocent until proven guilty, there
is a highbenchmark to reach before someone can
CROSS EXAMINATION - The lawyers on one side try be found guilty.
to highlight the weaknesses/inconsistencies in the
other side’s statements. STATUTES – Laws which are made after being
debated and approved by the Houses of
DEFENCE LAWYER - They represent the defendant Parliament and signed (as a formality) by the
who is standing trial. They must prove there is Monarch.
reasonable doubt as to the defendant’s guilt.
USHER – A court official who performs an essential
role in seeing that everything runs smoothly. They
DEFENDANT - The person who is accused of a swear in the witnesses and ensure there are no
crime. disturbances in the courtroom.
EXAMINATION IN CHIEF - The lawyer asks a series WITNESSES – A person who saw the crime, writes a
of open questions to the witness on their side statement for the police and gives evidence in court.
starting with their name and address.
HEARSAY - Evidence that is gathered from someone

else. As it wasn’t heard first-hand, it is not allowed in
court.

SL MagistratesMockTrialClassroomNotes Final (5773)

Uploaded by

Copyright:

Available Formats

SL MagistratesMockTrialClassroomNotes Final (5773)

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

SL MagistratesMockTrialClassroomNotes Final (5773)

Uploaded by

Copyright:

Available Formats

Running a Magistrates’

Court Mock Trial

Age Range: KS3 or KS4 Cross Curricular Links:

Citizenship KS4: The legal system in the UK,

Citizenship KS3: The precious liberties enjoyed by

Related lessons plans:

The following roles will need allocating (descriptions overleaf):

■ Magistrates x6 (+1 lead magistrate)

The roles, layout and procedure of court (15 minutes)

Answers (slides 3 and 4):

PROSECUTION LAWYER Has to prove that the defendant is guilty.

MAGISTRATE Works voluntarily and decides the verdict.

WITNESS Gives evidence to the court.

COURT ARTIST Produces a drawing of the proceedings.

OBSERVER Someone who comes to watch the court case.

COURT REPORTER Writes a report on the case.

DEFENDANT The person accused of a crime in a court of law.

Allocation of roles (5 mins)

Case analysis and mock trial preparation (30-45 mins)

Running the Mock Trial (55 mins)

Plenary (10-15 mins)

WITNESS COURT ARTIST

COURT REPORTER DEFENDANT

Helps with any points

Tries to put doubt in the Works voluntarily

Gives evidence to Produces a drawing of

Makes sure the case Someone who

Writes a report on the The person accused of

TABLE TABLE Defendant

Role Guide - Lead Magistrate x1

■ Familiarise yourself with the order of procedure.

■ The defendant is innocent until proven guilty.

BEFORE the trial:

DURING the trial:

Role Guide - Lead Magistrate x1

Elements of The prosecution must make the magistrates sure

Evidence on the disputed facts:

In support of the prosecution In support of the defence

Role Guide - Magistrate x6

■ The defendant is innocent until proven guilty.

In the retiring room:

Role Guide - Magistrate (verdict worksheet)

Evidence on the disputed facts:

In support of the prosecution In support of the defence

Role Guide - Court artist

Other important information:

Role Guide - Court reporter

Other important information:

Role Guide - Observer judge x3 (optional)

■ Familiarise yourself with the order of procedure and role guide.

During the trial:

Give a higher score if: Give a lower score if:

1) There is virtually no reliance on a script. 1) They read completely from a script.

2) No new evidence is introduced. 2) They introduce new evidence.

3) Information is completely accurate. 3) They are unclear or inaccurate.

4) They presented confidently. 4) They lack confidence.

5) They spoke clearly and loudly. 5) They spoke quietly.

6) They follow procedure well. 6) They do not follow procedure.

Role Guide - Judging sheet