Structure Cont'd

6. Closing Statements by the Prosecution and Defence

Both teams will summarise the evidence gathered in the examinations, highlighting the evidence strengthening their case while rebutting the evidence of the opposition’s case. The Prosecution should give a final summary of events, referencing the issue the Defence has focused on. The Defence should highlight the standard of proof and inconsistencies with the Prosecution’s witness and narrative.

Each team is allocated 20 minutes for the competition - split amongst the two speakers of the team at their discretion.

Total competition time: 45 minutes

Objections

There are five objections you can raise when the opposing counsel is questioning the witness.

Leading Hearsay Prejudice Relevance Opinion

Relevance

Objections Explained

Opposing team argues the evidence attempting to be adduced has no relevance to the determination of the crime.

The judge will determine the relevance of the line of questioning.

For instance: "And after you went home, did you eat anything?" (where the consumption of food is not relevant to the factual scenario)

Opinion

Witnesses cannot draw inferences from the facts provided. They must only provide their direct observations. The opposing team may object when the witness provides their opinion in facts, rather than simply saying what happened.

For instance the witness says: "I think because A was intoxicated, she decided to attack B"

Hearsay

Where the examination is encouraging evidence of a previous representation made outside of court. For instance, a person telling a witness that a certain fact occurred. This is not admissible.

Example: The witness says: "A told me that B was the one who committed the crime"

Leading

Objections Explained

Leading questions cannot be asked in the Examinations in Chief. A leading question is one that ‘leads’ a witness towards an answer or suggest an answer.

For instance: "You locked the door, didn't you?"

Instead try: "Was the door locked?"

Prejudice

Opposing team may object to evidence that will have a detrimental effect on the perception of the accused. The probative value of the evidence should be considered; does it outweigh its prejudice?

Dealing with Objections

The judge will determine whether the objection is sustained or overruled.

To object, you should stand and interject with "Objection (reason)"

If questioned why you objected - provide a simple explanation. The judge may ask further questions (this does not mean your objection was wrong, rather they want to understand your thinking)

If objection sustained - you should move on by rephrasing the question if appropriate

If objection overruled - the team can resume asking the question

How to Prepare

1. Research

Research the type of crime in the fact scenario and its elements. If you are the Prosecution, ensure that you are meeting the standard of proof. If you are the Defence, know how to rebut the contentious elements.

2. Know your Case

Know and rehearse what you are going to say in your opening and closing statements; they can be essential to signposting and making your arguments clear.

3. Opposing Arguments

Identify any potential arguments and questions the opposing team may ask to weaken your case. How can you ensure this does not happen?

4. Be Prepared

Discuss and plan with your teammate which questions you plan to ask the witnesses and what line of questioning the opposing team is likely to pursue.

Make sure you know all the types of objections and plan with your teammate to potentially bring them up, this also shows your confidence in the proceedings and knowledge of the procedure.

It is a good idea to bring paper to take notes on during the opposing team’s questioning so you and your teammate may add any questions to clarify or bring up in addition to the ones you have planned.

5. Rehearse

Make sure you rehearse and know your case! Practise with each other and be confident.

6. Questions

Make sure you questions are written and asked in a way that makes it hard for the other team to object So avoid leading questions at all costs!