The Scotsman

Realistic court cases

Thousands of Scottish pupils have learned about the justice system through Minitrials, explains Lord Kinclavaen

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Turn back the clock to 2001, when the book ‘Paths to Justice Scotland’ was published. It was a survey which examined, among other things, the public’s perspectiv­e on access to justice, and I was particular­ly taken by one of its suggestion­s – that more needed to be done to promote legal education in schools.

It had to be taking the law to the schools, because it would have been impractica­l to have groups of students attending court – under 14s are not normally allowed, in any event – and I thought it might be an idea to get the youngsters involved by actually taking on the roles of the various people who feature in a trial.

I was still a practising QC at the time (Sandy Wylie, QC), and the Faculty of Advocates agreed to help me – and Minitrial was born.

Our first mock trial was staged at Trinity Academy, Edinburgh, in 2002. Down the years, thousands of pupils have, I hope, learned about the Scottish justice system and, importantl­y, learned about it in an enjoyable way.

The initiative centres around realistic court cases which can be conducted in the classroom or, with the co-operation of local courts, in a real courtroom.

We have staged Minitrials in sheriff courts in places like Kilmarnock, Edinburgh, Glasgow, Ayr, Paisley and Dundee, and it is such a bonus for the youngsters to feel they are ‘performing’ in the exact place where real lawyers and sheriffs conduct real trials on a daily basis. They also love visits to the cells!

We have developed a series of cases for Minitrial. There is an assault case, a drug dealing case, and a particular favourite of primary pupils is

HM Advocate v Goldilocks where a young woman is charged with malicious mischief. It has featured on Radio 4’s Law in Action.

There is a civil jury trial, based on the famous snail-in-the-bottle case and landmark litigation of Donoghue v Stevenson which establishe­d the modern law of negligence internatio­nally. Not surprising­ly, as this case started with the purchase of a bottle of ginger beer in the Wellmeadow Café, Paisley, it proved popular when we staged Minitrials in Paisley.

A trial usually takes little over an hour. All the major parts are played by the pupils. In a criminal trial, that will be the prosecutio­n and defence lawyers, the court officials, the witnesses, the jury (if there is one) and, of course, the accused.

Minitrial materials can be downloaded free and are comprehens­ive, yet simple and accurate. There is a network of volunteer lawyers, both solicitors and Advocates, often able to assist with preparatio­ns and to act as sheriff to provide further realism.

Other mock trials are available for schools – for example, the Faculty of Advocates supports the Bar Mock Trial Competitio­n, an annual Ukwide event run by Young Citizens.

But where Minitrial differs is our philosophy that they should be noncompeti­tive. There are no winners or losers. There is no pressure. We want Minitrials to be fun, an enjoyable way to demystify the law and lawyers and to learn about what really happens in court.

The response we receive from participan­ts is always an inspiratio­n for us to keep going.

“It was really exciting, not only getting to be in the courtroom, but given a tour of the cells. Ten out of ten. Everyone should do this,” is typical of the comments we receive. Another: “It was one of my best days in school… Thank you so much for helping me decide my job because I want to be a lawyer when I am older.”

And you can’t really say it any better than: “It was super duper mega fun!”

The time has come for me to hand over the Minitrial baton. The website with all the materials and infor

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