Bar Mock Trial Competition 201

Bar Mock Trial Competition 2019/20Student Role GuideCourt Clerk - Scotland

1 © Young Citizens 2019

Bar Mock Trial CompetitionStudent Role Guide: Court Clerk

Introduction

The Court Clerk’s main duties

Preparation

The Court Clerk’s role is to help to administer the trial by performing a number of key functions. The Court Clerk forms part of the PROSECUTION team and should accompany the prosecuting barristers into the court.

• Know when your role comes up in the Order of Procedure (page 4-5).

• Practice reading the Agreed Statement, which is the third Prosecution Statement.

• Find out where the jury retiring room is for your court (this can be done on the day)

During the trial

• Beforethetrialbegins,completetheTeamIdentificationSlips,threeofwhichyouwillfindon

the Court Clerk’s desk (one for each round).

• Read the Agreed Statement when instructed by the second Prosecution Advocate, making

sure to tell the court the details of the witness (name, occupation etc).

• Take the jury to the retiring room to decide their verdict and then bring them back to court.

• It is very important that you get a completed and sealed score sheet from the judge at the end

of the trial.

• Don’t look at the score sheet.

• Take the sealed envelope to the Reception, which will be pointed out at the beginning of the

day.

After the trial


Bar Mock Trial CompetitionOrder of Procedure

Role Task TimingsCourt Clerk Before the Judge enters, fills in the team

identification slip and puts it visibly on the judge’s desk.

Macer Go to collect the judge from his/her chambers (usually situated behind the courtroom). As the Macer leads the judge into the court, the Macer says “Court rise”. All those in court stand up. The judge bows to the court. All those in court bow back. The judge sits. The rest of the court sits. The Macer sits in the body of the court.

Court Clerk Stands and asks the judge “Shall I call the diet My Lord/Lady?”

Judge “Yes”. The Court Clerk rises and asks the accused to stand up.

Court Clerk “Call the diet of Her Majesty’s Advocate against ________. Are you ____? (insert name of accused).

Accused “Yes”

Court Clerk Asks the accused to sit down.Court Clerk Stands and reads out the indictment to jurorsCourt Clerk Asks the jurors to stand and raise their right handsCourt Clerk “Ladies and Gentlemen of the jury, please stand and

raise your hands and take the following oath: Do you swear that you will well and truly try the accused and return a true verdict according to the evidence?”

Jurors Each reply at the same time “I do”.

Court Clerk “Please be seated.”

Prosecuting Advocate 1 Stands and introduces advocates in the following manner:

“May it please you, Your Lordship/Ladyship, I appear for the prosecution with my learned friend Ms/Mr ________. My name is ________. My Learned friends Ms/Mr ________. and Ms/Mr ________ represent the accused.”

(The prosecution advocate must fi nd out this information before the trial starts).



Role Task TimingsProsecuting Advocate 1 Calls fi rst prosecution witness.

“My Lord/My Lady, I wish to call the fi rst witness for the prosecution (name of witness)”

Macer Leads witness to the witness box. The witness can sit in the courtroom itself, for the purposes of the competition.

Macer My Lord/My Lady (name of witness)”

Judge Swears in the witness, asking him/her to repeat:

“I promise to tell the truth, the whole truth and nothing but the truth”.

Prosecuting Advocate 1 Examination-in-chief of fi rst prosecution witness.Defence Advocate 1 Cross-examination of fi rst prosecution witness.Macer Leads witnessback to seatProsecuting Advocate 2 Calls second prosecution witness.

“My Lord/My Lady, I wish to call the second witness for the prosecution (name of witness)”

Macer Leads witness to the witness box. The witness can sit in the courtroom itself, for the purposes of the competition.

Macer “My Lord/My Lady (name of witness)”



Prosecuting Advocate 2 Examination-in-chief of second prosecution witness

Defence Advocate 2 Cross-examination of second prosecution witness

Macer Leads witness back to seat

Prosecuting Advocate One of the prosecuting advocates should ask the judge for the Clerk to read out the agreed statements.

Court Clerk Reads agreed statement(s).

4.54.5

4.5

4.5



Role Task TimingsProsecuting Advocate One of the prosecuting advocates signifi es the end of

his/her case by saying: “That is the case for the prosecution.”

Defence Advocate 1 Calls fi rst defence witness.

“My Lord/My Lady, I wish to call the fi rst witness for the defence (name of accused)”

Macer Leads prosecution accused from dock to the witness box.

Macer “My Lord/My Lady (name of accused)”

Judge Swears in the witness, asking him her to repeat:


Defence Advocate 1 Examination-in-chief of accused.Prosecution Advocate 1 Cross-examination of accused.Macer Leads accused back to dockDefence Advocate 2 Calls second defence witness.

“My Lord/My Lady, I wish to call the second witness for the defence (name of witness)”

Macer Leads witness to the witness box. The witness can sit in the courtoom itself, for the purpose of the competition

Macer “My Lord/My Lady (name of witness)”



Defence Advocate 2 Examination-in-chief of second defence witness.

Prosecution Advocate 2 Cross-Examination of second defence witness.Macer Leads witness back to seat

Defence Advocate One of the defence advocates signifi es the end of his/her case by saying: “That is the case for the defence.”

4.54.5

4.5

4.5



Role Task TimingsProsecuting Advocate Makes closing speech

Defence Advocate Makes closing speech

Judge The judge will sum up the case and then the jury will be instructed that a simple majority will suffi ce for guilty. They will be directed that there are 3 verdicts open to them - Guilty, Not Guilty and Not Proven, and that the latter 2 are both verdicts of aquittal.

Court Clerk The Clerk leads the jury to their retiring room outside the courtroom and stays with them until they have reached their decision.

Macer “Court rise” and leads the judge out of the courtroom.

Jury Members elected their foreperson. The jury has 5 minutes to reach a verdict, which because of time constraints can be a simple majority.

When they reach their verdict the Court Clerk will lead them back into the courtroom.

Macer Collects judge from retiring room, takes them back to Court, and says “Court rise” and leads the judge back into the courtroom.

Court Clerk Asks the accused to stand. Asks the jury if they have reached a verdict.

Jury Foreperson Announces the verdict. The verdict will have no eff ect on the judge’s score for either of the teams.

Judge Provides feedback on the performance of the advocates, witnesses and court staff .

Court Clerk Must collect the score sheet from the judge at the end of the trial and hand it to a Young Citizens representative at reception.

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Court Layout

The Court Clerk should sit just in front of the Judge’s bench.

Where should I go?



We asked Gurjinder Minas, Court Clerk at Birmingham Crown Court, about his role

What, in a nutshell, is your role within the justice system?

AsaCrownCourtclerkmymainresponsibilityisforthesmooth,efficientrunningofanallo-cated court room and the cases listed within. This involves the preparation of cases listed, liaison with Judiciary, counsel and solicitors involved in the cases.

What do you most enjoy about your role?

Being your own boss so to speak. The day before, you are aware of the court you are in andyoumanageitassuitsyoubest.Someclerksstartearlysopreparefilesinthemorning,some start late so prepare the night before.

No two days are usually ever the same, one day you could be involved in one case mid-trial and another day with a list of 10+ cases at a more frantic pace.

Interaction with all court users such as Judges, counsel, solicitors, agencies etc which is great considering the wide range and nature of offences we deal with at the Crown Court.

What skills do you think make a good court clerk?

Organisational skills - preparing and knowing what is expected in your cases and what could happenalwaysassists.Patience,multi-tasking,attentiontodetail,foresightandconfidencealso assist.

In real life...

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.

Still unsure?

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

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Transcript of Bar Mock Trial Competition 201