Role play 5: committal to crown court

In this fully scripted role play, part of a set taken from Law in action: learning through scripted role plays, the defendant is committed to the crown court.

Committal to crown court

Usher:
Number seven on the list, your worships,…[use name of person playing the role of the defendant] represented by…[use name of person playing the role of the defendant’s solicitor].

Clerk:
Will you tell the court your name and address?

Defendant:
…[use your own name] and I live at…[use your own address or make one up].

Clerk:
It is said that on [insert date] you entered a garden shed as a trespasser, and stole items valued at one hundred and ninety pounds. At a previous hearing the bench refused summary trial and ordered that the case be committed to the crown court to be heard before a judge and jury. That committal is to take place today. You may sit down.

Prosecuting solicitor:
Yes, your worships, it is agreed that this case is suitable for a short form committal under Section 6(2). I hand in witness statements from Police Constable Smith, Detective Constable Brown and Mrs Helen Jones. I would ask you to formally commit the accused to the next sitting of the crown court.

Defending solicitor:
Your worships, I agree to the short form of committal. Would you also extend my legal representation order to cover costs at the crown court?

Chairman:
Please stand up. You will be committed to the crown court to appear there on [insert date]. I must remind you that if you object to any of the statements or depositions which form the evidence in this case being read out at your crown court trial, you must notify the prosecutor and the crown court within 14 days from today. If you fail to do so the person making the statement or deposition may not give evidence at the trial and you may lose the opportunity to cross examine that person. The period of 14 days may be extended but only with leave of the crown court.

Defending solicitor:
May my client be seated again as I have a further application?

Chairman:
Yes – please sit down.

Defending solicitor:
As you are aware, your worships, my client appears from custody today. Two applications for bail have been made but I believe that there has been a substantial change in his circumstances sufficient to warrant your entertaining a further application. A major reason for refusing bail in the past has been the fact that he appeared to have no fixed address and the possibility of a bail hostel place was rejected on the grounds, I believe, that he would come under the bad influences of other inmates. I am pleased to be able to tell the court that there has been a reconciliation with his family. His mother is in court and she is prepared to have him back to live at the family home where he will be properly looked after and cared for until his trial – in view of this major change in his fortunes, I would earnestly ask you to grant me leave to make a further application for bail on his behalf.

Chairman:
The bench will retire to consider the application.

Usher:
All stand.

Last Modified: 4 June 2010