Plea in Mitigation and Sentence

If the verdict is "guilty" the Sheriff then listens to what the defence has to say on the accused's behalf in mitigation of sentence.

The Sheriff then sentences the acccused in the way he/she considers most appropriate.

Depending on the circumstances the Sheriff's options might include: -

· imprisonment (or detention if under 21),

· community service,

· probation,

· deferred sentence,

· a fine,

· a compensation order,

· an admonition, or

· an absolute discharge.

The Sheriff may say

"I am going to call for a Social Enquiry Report and a Community Service Assessment. The case will be adjourned for three weeks."

The Sheriff may then discharge the jurors saying:

"Ladies and gentlemen of the jury I can now discharge you from further attendance as jurors in this case. Thank you for performing an important public duty."

The End.

That is the end of your MiniTrial - Well everyone.

Take a moment to ask the students: -

How could the trial system be made better?

What worked well - and what didn't?

Feedback Please.

Please ask your teacher to send your thoughts about MiniTrial to Sandy Wylie (see details on last page).

All comments and criticisms welcome.

For example: -

1. What did you enjoy about the MiniTrial?

2. What did you learn from the MiniTrial?

3. What did you not enjoy about the MiniTrial?

4. What would you like to change about the MiniTrial?

MiniTrial Starter Pack

Chapter 3 - MiniTrial Case Papers

This Chapter contains a set of MiniTrial Case Papers for use in conducting your MiniTrials.

The case concerns allegations of malicious mischief.

The papers include: -

1. The Facts- a brief summary

2. The Indictment - the charge against the accused,

3. The Law - a very brief summary of the relevant principles,

4. Precognitions(witness statements) for the prosecution witnesses,

5. Precognitions for the defence witnesses,

Summary sequence of events and Additional Materials

7. The Crown Speech to the Jury- a possible outline

8. The Defence Speech to the Jury- a possible outline

9. The Charge - a style which the Sheriff can use for the Charge to the Jury,

10. Jury Observation Sheets - for the jurors to use if they wish.

CASE No. 1

HER MAJESTY'S ADVOCATE

V.

Goldilocks

The Facts - a brief summary

FACTS

Goldilocks was walking in the forest on Saturday June 20. She saw a cottage, knocked on the door and no one answered. She walked in. She saw three bowls of porridge on the kitchen table. She had a taste from each bowl, but she ate all the porridge from only one bowl. She then went to the living room where she sat on all the chairs, breaking one. She went into the bedroom where she lay on all three beds, falling asleep on one. The owners of the house, three bears, returned from their walk to find Goldilocks asleep in one of their beds.

The Crown has charged Goldilocks with malicious damage of property - she has been charged on indictment.
2. The Indictment - the charge

The indictment is in the followings terms: -

HER MAJESTY'S ADVOCATE

V.

Goldilocks

Goldilocks, 2 Fairytale Lane, you are indicted at the Instance of Her Majesty's Advocate and the charge against you is that:

On 20 June in the forest, you did maliciously damage property belonging to the three bears who live in the cottage in the forest.

Date: 2015-12-11; view: 689