CRIMINAL CASE STUDY

The Driver, the Mobile Phone and the Cyclist

This is a trial for dangerous driving causing death. A 22 year old man is using his mobile phone to text
a friend and is driving too fast (but not above the speed limit) as he approaches a roundabout. A bike
rider goes through the roundabout very quickly in front of him and he clips the back wheel of her
bike with his car. The bike rider is killed.

The defendant pleads not guilty at a committal hearing and is committed to stand trial in the County
Court. The defence collision report suggests the bike rider was travelling very fast and the defendant
was driving at a reasonable speed. The defendant has expressed that he is very sorry for the accident
and has no prior convictions (he hasn’t been in trouble with the law before).

Watch Video 1: Introduction: https://www.youtube.com/watch?v=TBWs2pVVJ1I

As you watch, answer the questions below.

1. What has the accused person been charged with?

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2. Which court is going to hear this case?

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3. How many jury members are there in a criminal trial?

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4. For each key member of the court process, please complete the table below.

Key People What is their role?

Prosecution The prosecution presents the case in court on behalf of the
Director of Public Prosecutions.
Defence Barrister

Defence Solicitor

Judge’s Associate

Tipstaff

Judge

Jury
5. Our CAT is going to be a mock trial. This means we will be acting out a court case and playing
the roles of key people in a courtroom. Now that you know a little more about the key
people in a courtroom, which role do you think you would like to play and why?
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Watch Video 2: Scenario, Part 1: https://www.youtube.com/watch?v=QY8qaNZap2o

As you watch, answer the questions below.

1. Why might it be considered unfair if you don’t have a law

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2. Why is it important that a prosecutor is ‘fair’? Why can’t they act like the lawyers we see on
TV?
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3. Bail means that an accused person can be released into the community while they are
waiting for their trial to start in court. Not everyone receives bail and some people might
have to wait in custody (jail). Imagine you are this person’s lawyer, do you think he is a safe
person to have in the community while awaiting the trial? Why/why not?
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4. Judge Lisa Hannon, the head of the Common Law Division of the County Court, says that
matters similar to this could take up to two years to be heard and completed, from the time
of being charged to trial and sentencing in the County Court. What impact do you think the
length of this process might have on the people in the table below?

People Impact
Victims and their families

Defendants / Accused persons

Taxpayers

5. What are the elements that the prosecution needs to prove in this case?
Watch Video: Scenario, Part 2: https://www.youtube.com/watch?v=YvC-grbF3HQ

1. Fill in the blanks: The judge decides the ___________ and the jury decides the
___________.

2. Why are the jurors discussions kept confidential?

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We will hear the outcome of the case next lesson!