The role plays

This is an introduction to the eight scenarios in Law in action: learning through scripted role plays.

The role plays are divided into two types – scripted and semi-scripted. In the fully scripted role plays all the participants have to do is read what appears on the scripts in the order they are numbered. The idea of the semi-scripted role plays is to give participants and their tutors the chance to take the framework of a case and custom build crucial sections of it. These scripts are for use with participants who are familiar with the basic procedures and want to move on to more complex tasks.

Three download formats are offered:

• traditional play scripts (a number of actors’ lines appear on the same page)
• tutor scripts (each actor’s lines set out on separate, numbered pages; tutor’s notes included)
• student scripts (each actor’s lines set out on separate, numbered pages)

The scripts can be downloaded as RTF files and can be copied and distributed – the publisher waives copyright for this (but no other) purpose.

The scripted role plays

The fully scripted role plays consist of two applications (one unopposed, one contested), two guilty pleas and committal to the crown court. All the words for enacting the scene are provided, other than names and addresses and the odd local detail – use your own or make them up.

• Role play 1: the unopposed adjournment – this role play involves an uncontested application for bail and for an adjournment to enable the defence solicitor to take his or her client’s instructions. This script is a good place to start, as it is an uncomplicated case showing how the court operates.
• Role play 2: opposing bail – this time the prosecution objects to bail and the court must therefore hear arguments from both sides. Here the defendant, prosecutor and defence are male. The chair of the bench is female.
• Role play 3: pleading guilty and being sentenced and role play 4: a ‘multi-hander’ guilty plea go further. Both see defendants pleading guilty, with the lawyers representing both sides having their say.
• Role play 5: committal to crown court – a defendant may be committed to the crown court if the charge is of a certain (serious) nature (for example murder or rape) or if the defendant or court chooses.

The semi-scripted role plays

• Role play 6: possession and supply of drugs
• Role play 7: going equipped for theft
• Role play 8: in charge of a car when under the influence

Each of the semi-scripted role plays involves a trial where the defendant has pleaded not guilty and the prosecution has to prove guilt. In each scenario the ‘facts’ are set out. Of course, the prosecution and defence (and the witnesses called to give evidence) will have their own versions of what happened. This may be based on individual perceptions of the truth or could be barefaced lies – that is for the court to determine.

In the trial scenarios there are two initial accounts of the ‘facts’ – that given by the police when submitting a file to the Crown Prosecution Service and the defendant’s version as told to his or her solicitor.

Here participants must write the script where the blanks appear. In each case this will be:

1. Opening by prosecution
2. Examination in chief of first witness (by prosecution)
3. Cross examination of first witness (by defence)
4. Re-examination of first witness (by prosecution)
5. Examination in chief of subsequent witnesses (by prosecution)
6. Cross examination of subsequent witnesses (by defence)
7. Re-examination of subsequent witnesses (by prosecution)
8. Submission of no case to answer, if appropriate (by defence)
9. Examination in chief of first witness (by defence)
10. Cross examination of first witness (by prosecution)
11. Re-examination of first witness (by defence)
12. Examination in chief of subsequent witnesses (by defence)
13. Cross examination of subsequent witnesses (by prosecution)
14. Re-examination of subsequent witnesses (by defence)
15. Closing by defence
16. Verdict
17. Submissions by prosecution and/or defence
18. Sentencing (if appropriate)

To prepare the case we suggest that some participants are divided into teams for the prosecution and defence. Each team must interview potential witnesses to find out more. The witnesses can be chosen from other participants, who should be told to tell their stories to the lawyers within the broad fact pattern laid down in the summary of the facts at the start of the scripts. By careful questioning the lawyers can build a picture of what allegedly took place.

The witnesses should be encouraged to embellish their accounts of what happened, adding detail about the where, what, who, why and when, but to keep the ‘facts’ within the bounds of credibility! For the lawyers this should be an interesting exercise in case preparation. It may help the witnesses to prepare in advance for the interview so that they have their account straight. Tutors may need to act as referee where facts cannot be agreed by one side or the other – there is of course no need to have the prosecution and defence sides identical. Contradictions are highly likely, and the ‘truth’ will depend on who proves what in the trial.

In all these role plays the defendant is male. The chair of magistrates is also male, while the two advocates are female – we had to state the gender of these key players in order to set the scene, however the witnesses have been left gender neutral. You can, of course, alter the names and gender to suit – just make sure this is reflected in the script.

Last Modified: 4 June 2010