Mock trial car accident (1) copy

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

Running a Mock Trial in the Classroom

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

Introduction
Mock trials are an excellent way to introduce students to the workings of the A detailed knowledge of
criminal justice system in a practical and accessible way. The materials in this the law is not required to use
pack will help you to set up a mock trial with a class in curriculum time. this resource. If you know a
local barrister or solicitor they
How realistic is it? may agree to help you to add
It’s very difficult for a mock trial to be exactly like a real one because the some ‘real life’ experience, but
procedure in court can be hard to follow and takes a long time. Therefore, it has this is not essential.
been simplified for this resource, with notes on the Student Resource Sheets
explaining the differences. Even with these changes, the process gives young people a good understanding of
how courts and the justice system works.

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

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

© Citizenship Foundation 2011 2
Charity Reg No. 801360


A Brief Guide to the Criminal Justice System in England and
Wales
How are laws made?
Laws in England and Wales are made in two main ways: What is law?
‘The enforceable body of rules
Acts of Parliament (statutes) that governs any society.’
These are laws made after being debated and approved by both Houses (A Dictionary of Law: OUP
of Parliament and signed (as a formality) by the Monarch. They usually 1997)
represent what the government believes should be the law and are
enforced by the courts.

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

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

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

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

The Judicial Appointments Commission is responsible for selecting judges in England and Wales. It was created in
2006 following the Constitutional Reform Act 2005 and took over this role from the Lord Chancellor.

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

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

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

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



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

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

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

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

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

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

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

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



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

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

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

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



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

1 x Judge
4 x Prosecution Lawyers
4 x Defence Lawyers
2 x Prosecution Witnesses
1 x Defendant
1 x Defence Witness
1 x Court Clerk
1 x Usher
15 x Jury (possibly divided into groups of five to consider the verdict)

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

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

Group Members What they need to prepare

Prosecution Lawyer 1, Prosecution Witness 1 Examination in chief of Hillary Green
(Hillary Green), Jury members x 2 Opening speech for the prosecution (optional)

Prosecution Lawyer 2, Prosecution Witness 2 Examination in chief of Lesley Wogan
(Lesley Wogan), Jury members x 2 Closing speech for the prosecution (optional)

Defence Lawyer 1, Defendent (Jackie Jones), Examination in chief of Jackie Jones
Jury members x 2 Opening speech for the defence (optional)

Defence Lawyer 2, Defence Witness (Pat Examination in chief of Pat Proud
Proud), Jury members x 2 Closing speech for the defence (optional)

Prosecution Lawyer 3, Court Clerk, Jury Cross examination of Jackie Jones
members x 2

Prosecution Lawyer 4, Judge (if using a Cross examination of Pat Proud
student), Jury members x 2

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

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



Procedure
The times are for guidance only.

The judge is addressed as ‘Your Honour’.

Key: Action Reading / speaking

1 • Participants (except judge) 9 • Judge
Take their places Asks defendant to sit. Asks the
prosecution lawyer to make their
opening speech

2 • Usher 10 • Prosecution Lawyer 1
Says ‘All rise’ and leads the judge into Makes opening speech (approx 3 mins)
the court

3 • Participants 11 • Prosecution Lawyer 1
Stand as the judge enters Calls first prosecution witness by saying,
‘Your Honour, I now call…’ (name of
witness)

4 • Participants 12 • Usher
Everyone sits, except the defendant Leads first prosecution witness to the
witness box

5 • Clerk 13 • Usher
Asks the defendant for their name and if Swears in the witness asking him/her to
they understand the charge. repeat, ‘I promise to tell the truth, the
whole truth and nothing but the truth’

6 • Defendant 14 • Prosecution Lawyer 1
Answers the clerk’s questions Examination in Chief of first prosecution
witness (approx 4 mins)

7 • Clerk 15 • Defence Lawyer 3
Says to the defendant: ‘Do you plead Cross-examination of first prosecution
guilty or not guilty?’ witness (approx 4 mins)

8 • Defendant 16 • Judge
Says ‘Not guilty’ Can ask the witness one question if
they want to



Leads the witness back to his/ Says, ‘That is the case for the
her seat prosecution.’

18 • Prosecution Lawyer 2 28 • Judge
Calls second prosecution witness by Thanks the prosecution and asks the
saying, ‘Your Honour, I now call…’ defence lawyer to make their opening
(name of witness) speech.

19 • Usher 29 • Defence Lawyer 1
Leads second prosecution witness to the Makes an opening speech (approx 3
witness box mins)

20 • Usher 30 • Defence Lawyer 1
Swears in the witness asking him/her to Calls defendant by saying, ‘Your Honour,
repeat, ‘I promise to tell the truth, the I now call…’ (name of defendant)

21 • Prosecution Lawyer 2 31 • Usher
Examination in Chief of second Leads defendant to the witness box
prosecution witness (approx 4 mins)

22 • Defence Lawyer 4 32 • Usher
Cross-examination of second Swears in the defendant asking him/her
prosecution witness (approx 4 mins) to repeat, ‘I promise to tell the truth, the

23 • Judge 33 • Defence Lawyer 1
Can ask the witness one question if Examination in Chief of defendant
they want to (approx 4 mins)

Leads the witness back to his/ Cross-examination of defendant (approx
her seat 4 mins)

25 • Judge 35 • Judge
Asks clerk to read statement of Can ask the defendant one question if
prosecution witness 3 they want to

26 • Clerk 36 • Usher
Read statement of prosecution witness Leads the defendant back to his/
3 her seat



37 • Defence Lawyer 2 47 • Defence lawyer 2
Calls defence witness by saying, ‘Your Makes closing speech (approx 3 mins)
Honour, I now call…’ (name of witness)

38 • Usher 48 • Judge
Leads defence witness to the witness Sums up (4 mins max) and instructs
box jury to ‘retire and consider their verdict’

39 • Usher 49 • Jury
Swears in the witness asking him/her to Moves to a separate room or area to
repeat, ‘I promise to tell the truth, the consider its verdict. One member to be
whole truth and nothing but the truth’ named as spokesperson (5 mins max)

40 • Defence Lawyer 2 50 • Usher
Examination in Chief of defence witness Leads the jury, when ready, back to their
(approx 4 mins) seats in the courtroom

41 • Prosecution Lawyer 4 51 • Clerk
Cross-examination of defence witness Says to jury: ‘Have you considered your
(approx 4 mins) verdict?’

42 • Judge 52 • Jury Spokesperson
Can ask the witness one question if Says ‘Yes’
they want to

43 • Usher 53 • Clerk
Leads the witness back to his/ Says to jury: ‘Do you find the defendant
her seat guilty or not guilty?’

44 • Defence Lawyer 1 54 • Jury Spokesperson
Says, ‘That is the case for the Says ‘Guilty’ or ‘Not guilty’, depending
defence.’ on the verdict

45 • Judge
55 • Judge
Asks lawyers to make their closing
If not guilty, says: ‘[Name of defendant],
speeches
you are free to go’; if guilty says: ‘The
Court will now consider the sentence
that is appropriate’.
46 • Prosecution lawyer 2
Makes closing speech (approx 3 mins)



Student Role Sheet: Judge
I am working with...

____________________________________________________________________________________________

____________________________________________________________________________________________

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

____________________________________________________________________________________________

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

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

Before the Trial
Read through all the information in the case
Note down questions you would like to ask the defendant or the witnesses, if the lawyers do not ask them
Help the lawyer in your group with their questions and speech (if they are doing one).

During the Trial You don’t have to ask the
Make sure things happen in the right order, using the procedure witnesses any questions if you
Make sure everyone can hear what the lawyers and witnesses are saying; don’t want to. If you do, you can
you can ask them to speak up (or quieten down!) if you need to. only ask one question per witness.

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

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



Student Role Sheet: Defendant

____________________________________________________________________________________________

____________________________________________________________________________________________

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

____________________________________________________________________________________________

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

Before the Trial
Read the outline of the case and your statement In a real trial...
Work with your group to write the lawyer’s examination in chief of
you. A defendant doesn’t have to give
evidence. But if they say they are ‘not guilty’
During the Trial and refuse to say why or offer any evidence
Try to act like the character you are playing to show that they didn’t commit the crime
Follow any instructions you are given by the judge, clerk or usher the jury or judge are ‘allowed to draw their
When asked by the clerk if you are guilty or not guilty, say ‘not own conclusions’.
guilty’
Stick to the facts in your statement Defendants often do say new things in
You can take you statement with you to the witness box (this court but if they weren’t covered in their
wouldn’t happen in a real trial). statement they may be regarded as
‘unreliable’ and let themselves down.



Student Role Sheet: Witness

____________________________________________________________________________________________

____________________________________________________________________________________________

The role I am playing is...

____________________________________________________________________________________________


____________________________________________________________________________________________


There are two witnesses for the prosecution and two witnesses for
the defence (one of whom is the defendant). The case contains In a real trial...
the statement of each witness.
Witnesses often do say new things in
Before the Trial court, but if these weren’t covered in their
Read the outline of the case and your statement statement the witness may be regarded as
Work with your group to write the lawyer’s examination in chief ‘unreliable’.
of you.
Witnesses (except the defendant)
During the Trial usually have to wait outside until they have
Try to act like the character you are playing given their own evidence, so they are not
Follow any instructions you are given by the judge, clerk or usher influenced by what others have said in
Stick to the facts in your statement court.
You can take you statement with you to the witness box (this
wouldn’t happen in a real trial)
If you are asked to describe what the defendant looks like you should base your description on the person
playing that role
You may sit in the room throughout the trial
Keep your answers short and use your own words – don’t just recite what’s in your statement.



Student Role Guide: Lawyer

____________________________________________________________________________________________

____________________________________________________________________________________________

The role I am playing is...

____________________________________________________________________________________________

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

____________________________________________________________________________________________

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

The Prosecution represents the Crown and present the case on
In a real trial...
their behalf. It is their job to ensure that the correct verdict is
reached, not just a guilty one. The Defence represents the
There is only likely to be one lawyer
defendant and must stick to their version of events. Their job is to
on each side unless the case is very
undermine the prosecution’s case and create reasonable doubt in
serious or complicated. It is very rare for
the minds of the jury as to the defendant’s guilt.
there to be an opening speech by the
defence but we are including it in this mock
Lawyers need to:
trial to help everyone understand legal
Make an opening or closing speech (This is optional and not all
processes.
lawyers have to make one. Your teacher will tell you if you are)
Complete an examination in chief (question) of one of his/her own
side’s witnesses or cross examine (question) one of the other side’s witnesses.

Before the Trial
Read the outline of the case and the statement of the witness you are questioning
Work with your group to write your examination in chief or cross examination
Work with your group to write your speech (if you need one).

During the trial
You can have copies of the witnesses statements with you and any notes you have made – but try not to just
read out what you’ve written down
Don’t give your own opinions.

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

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



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

No Leading Questions in Examination in Chief No Hearsay Evidence
A leading question is one that just requres a ‘yes’ or ‘no’ Evidence told to the witness by someone else is
answer. If you ask a leading question and the judge spots it called ‘hearsay’ evidence. This cannot be
s/he may ask you to rephrase the question. To avoid this it relied on as it may be invented or incomplete. It
helps if your questions start with: How-What-Where-Why- could be challenged as it doesn’t come from the
When. original source.
Leading questions can only be asked during
cross-examination.

Opening Speeches
Opening speech by the prosecution:
Summarise the case against the defendant
Briefly summarise what you will demonstrate to the court through the evidence of your witnesses
Describe the standard of proof that the prosecution has to meet. The standard of proof is that the jury must be
‘really sure’ that the defendant is guilty.

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

Closing Speeches
Closing speech by the prosecution:
Bring together the evidence given by the two prosecution witnesses
Comment on any weaknesses exposed by the defence during cross examination of their witnesses
Briefly summarise what the law says about the offence
Explain why you say the jury can be sure that the defendant is guilty.

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



Student Role Guide: Court Clerk

____________________________________________________________________________________________

____________________________________________________________________________________________


____________________________________________________________________________________________


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

Before the Trial
Read the procedure and case to make sure you know what you need to do and when. This includes reading the
statement of prosecution witness 3, which you will have to read out
Help the lawyer in your group with their questions and speech (if they are doing one)

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



Student Role Guide: Usher

____________________________________________________________________________________________

____________________________________________________________________________________________


____________________________________________________________________________________________


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

Before the Trial
Read the procedure and case to make sure you know what you need to do and when

During the Trial
Tell the judge when everyone is ready to start the trial. Ask everyone to stand when the judge enters and sits
down.
If the judge can enter from outside the classroom this will help establish This mock trial does not use
the formality of the trial the Bible or other Books of Faith for
Lead each witness from and to the witness box when their turn comes the purposes of ’swearing in’ the
and swear them in using the affirmation in the procedure witness. The oath used is based on
Make sure that there are no disturbances during the trial (eg mobile the secular oath which can be cho-
phones or digital watches going off or people eating and drinking - the sen in a real court by witnesses of
rules are very similar to normal rules in classroom!) no faith.



Student Role Guide: Jury

____________________________________________________________________________________________

____________________________________________________________________________________________


____________________________________________________________________________________________


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

Before the trial

During the trial In a real trial...
Listen carefully to everything that’s said and observe how the
witnesses behave when giving evidence The jury has 12 members. The
Take notes if you want to, you need to be ready to discuss what proceedings are entirely secret. The judge
you have heard. will say at first that s/he wants a
unanimous verdict. If a jury really cannot
Making your decision agree the judge may accept a majority
Appoint one member to be the spokesperson verdict, but it must be 10–2 or 11–1. If the
Briefly discuss the evidence you have heard, then vote on the jury still cannot reach a decision, the
verdict defendant is discharged and may face a
If you all agree that is your decision re-trial before a new jury.
If you don’t all agree you must discuss the evidence until a
majority of you agree. Then that is your decision
If after five minutes you are divided equally then a majority has not been convinced and you must find the
defendant not guilty
When the jury has reached its decision it should tell the usher who will take you back into court.



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

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

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

‘Dangerous’ refers to danger either of injury to any person or of serious damage to property; in determining what
would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not
only to the circumstances of which he/she could be expected to be aware but also to any circumstances shown to
have been within the knowledge of the accused.

Indictment
In the Crown Court of Hillside

The Queen
v.
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 drove a mechanically propelled vehicle dangerously on a road, namely
Hillside Road, Hillside.



Statement of Prosecution Witness 1

Name: Hillary Green
Age: 15
Date of birth: 27th June
Occupation: Student
Address: The Old Dairy, Hillside Farm, Hillside
Date: 27th June

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

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

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

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

_________________________________________________________________________________________

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




Name: Lesley Wogan
Age: 32
Date of birth: 19th March
Occupation: Teacher at Hillside School
Address: The School House, Montifierro Road, Hillside
Date: 27th June

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 detention.3

When Hillary Green was about level with the central refuge and about 75 feet in front of me I saw him/her stop 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 the double detention - on
the student’s birthday - the student would not have been riding home so late or in such a hurry.
4
This may be given in evidence. The witness should remember these words or something tothe same effect.




Name: PC Parsons
Age: 43
Occupation: Police Constable, Hillside Police
Department, Hillside
Address: The Ironmongers Cottage, Station Walk,
Hillside
Date: 27th June

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

I was on duty today and driving along Hillside Road towards Brookside when I came across the scene of a road
traffic accident just past Able Close, involving a white Mazda sports car and a bicycle, both of which had been
moved by the time I arrived. I spoke to the driver of the white Mazda, 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 Close when the cyclist suddenly
turned into the road with no warning, leaving no way to avoid the accident.

The cyclist, named Hillary Green, had been moved off the road on to the pavement and was being tended to 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 the accident, which I now produce.



Sketch showing road layout of Hillside Road/Able Close



Statement of the Defendant

Name: Jackie Jones
Age: 35
Occupation: Management Consultant, Unichip, Hillside
Address: 32 Able Close, Hillside
Date: 27th June

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

Today I did my usual dodge. I looked first and checked that there was no traffic coming from Hillside Town centre;
the only traffic coming towards me was a youth on his/her cycle but he/she was on the pavement, riding 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 without looking. There was no warning, and nothing I could do. I hit the youth and
knocked him/her off his/her cycle. I got out, I could see he/she was hurt but another motorist was helping
him/her. I spoke to another motorist, who seemed a little shocked but he/she did say he/she knew who the
cyclist was.6 I remember a policeman attending the scene afterwards; I think I may have spoken to him/her, but 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’.



Statement of the Defence Witness

Name: Pat Proud
Age: 39
Date of birth: 14th April
Occupation: Investment Banker with Goldham Sachs,
London
Address: 3 Hillside Road, Hillside
Date: 27th June

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 saw Hillary Green coming home from school. He/she was riding on the pavement 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/she was going too fast and would not have
heard me.7 He/she was about level with my house when he/she looked over his/her right shoulder for oncoming
traffic and turned into the road to cross. I did not see him/her look left as he/she did so. In the past I have told
him/her off about that as well but he/she always says that traffic can only come from the right at that spot. Today
he/she was wrong and a white sports car had no chance and there was a crash.

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

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

_________________________________________________________________________________________

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



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

You must remember that it is the job of the prosecution to prove, so that you are really sure, that Jackie Jones 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 that injured Hillary Green.

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

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

Jackie Jones told you that s/he was used to driving this route and was aware that s/he had to drive carefully when
preparing to turn right into Able Close. S/he admitted to you that s/he drove on the wrong side of the road 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 her turning a cyclist rode off the pavement and into her path.
S/he did not remember saying that s/he admitted that it was his/her fault.

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

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

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

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



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

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

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

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

Bar National Mock Trial Competition
Schools compete in live mock trials at real crown courts across the UK in this national competition. For students
aged 15-18 in non-fee-paying schools.

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

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

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

Trouble for Danny
Designed to support the teaching about the law to pupils with special educational needs. It can be used in both
special and mainstream schools, and is aimed at students with moderate learning difficulties, especially problems
with literacy.

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


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