Trouble For Danny: Making Sense Of The Law
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- Words: 9,860
- Pages: 51
■ Written by Julie Gibbings ISBN 978 095 30185 9 3 © Citizenship Foundation Reg Charity no 801 360 This material may be photocopied for educational purposes
TROUBLE FOR DANNY making sense of the law
Introduction
Who is it for?
Extra Information
Trouble for Danny is designed to support the teaching of citizenship education to pupils at key stages 3 and 4 with special educational needs. It can be used in both special and mainstream schools, and is aimed at students with moderate learning difficulties, especially those having problems with literacy. This resource has been developed with funding from the Ministry of Justice, enabling it to be available to teachers free of charge.
In addition to the notes and additional resources on the learning activities, you might find the following Citizenship Foundation resources useful for background reading on citizenship, law and the criminal justice system:
What is it for? Trouble for Danny aims to enable young people with special educational needs to understand and critically engage with the criminal legal system, specifically the workings of youth courts. The resources centre around the story of Danny, a 15 year old boy who is charged with a crime. Students complete activities based around the events that take place during this story, which culminates in a classroom based mock trial and sentencing activity.
What does it consist of? There are three parts to this resource: ■ Teacher Notes (story outline, learning objectives and activities) ■ The Story - Trouble for Danny ■ Student activity sheets The page(s) of ’The Story - Trouble for Danny’ that the Teachers’ Notes relate to are clearly noted at the top of each page and the resources are clearly labelled with the activity number they are used for. Users should read these 3 documents in conjunction with one another. Pupils will only receive the story and the resources that they use to complete the activities. It is suggested that pupils receive each part of the story gradually to prevent them from reading ahead. The section of the story following the trial assumes that Danny has been found guilty of the crime as this is when further action would be taken (p. 9 onwards of ‘The Story Trouble for Danny’) If your class or group finds Danny not guilty of the crime, you may still wish to look at this section to enable students to gain an understanding of the sentencing process and the role of Youth Offending Teams.
■ Young Citizen’s Passport (YCP), 12th Edition, 2007 – A practical guide to the law for young people ■ Making Sense of Citizenship: A Continuing Professional Development Handbook, 2006 – guidance on delivering citizenship education in a range of educational settings from 3-19 ■ Developing Citizens: A Comprehensive Introduction to Effective Citizenship Education in the Secondary School, 2006 – key papers on a range of issues surrounding citizenship education Information on how to obtain these resources can be found at www.citizenshipfoundation.org.uk. You can also visit www.rizer.co.uk for animated stories for use with young offenders. A useful source of help is the Magistrates’ in the Community (MIC) project run by the Magistrates’ Association. This project brings magistrates into schools to talk to and work with young people about the magistracy and the courts. You might want to try and arrange for a magistrate to visit the class/group for one or more sessions to help with activities or a court visit if this is possible. For more information on the project and how to get in touch with your local court, visit www.magistratesassociation.org.uk and click on ‘MIC Project’.
Acknowledgements This resource was written by Julie Gibbings. Special thanks to Don Rowe for his input and advice in the development of this resource. We are also grateful for the help of Terry Silvers and Sam Nicholson during the initial stages of research and writing. Many thanks to the following people for their input and assistance: Ann Flintham JP, Nick Swinscoe JP, Ann West JP, Genevieve Knight (Harrow Youth Offending Team), Yvonne Small (Lambeth Youth Offending Team) and Marianne McCarthy (Hillingdon Youth Offending Team). Thanks also go to Nomad Graphique for their work on the artwork and design of the resource. We also gratefully acknowledge the financial assistance of the Ministry of Justice in publishing this resource.
National Curriculum Links
Feedback
This pack is designed to develop young peoples’ understanding of their legal rights and responsibilities and the youth justice system. It will also contribute to the development of their enquiry and communication skills through the justification of opinions and contribution to class discussions.
We are grateful for any feedback from users of this resource about its practical application in the classroom. Please complete the feedback form you can find at the end of the Teacher’s Notes and return it to MCMT Project Officer, Citizenship Foundation, 63 Gee Street London EC1V 3RS or Fax to: 020 7566 4131.
© Citizenship Foundation 2007
AN INTRODUCTION TO DANNY AND CHANTELLE
Teacher’s notes (‘Trouble For Danny’ page 1)
Learning Outcomes ■ To know who Danny and Chantelle are ■ To be able to name 3 ways that arguments at home can be avoided
Story Outline >
>ONE
Key Words Argument: a difference of opinion
This is Danny, who is 15. His sister Chantelle is 13. They live with their mum. There are a lot of arguments at home.
Activity 1.1: Who are Danny & Chantelle? As a class, on a piece of large paper for each character (with pictures from resources stuck on), students cut out the pictures of Danny and Chantelle. On this they can record some key facts about them. These are displayed in the classroom and added to as the story progresses.
Discussion points ■ Danny and Chantelle get along well together – what do you think are the good points and the bad points about having brothers or sisters? ■ What do you think the arguments might be about? ■ Can you think about some good ways of sorting out arguments at home? © Citizenship Foundation 2007
DANNY AND CHANTELLE GO OUT FOR THE EVENING
Teacher’s notes (‘Trouble For Danny’ page 2)
>TWO
Learning Outcomes ■ To know what ‘provoke’ means ■ To be able to identify the possible consequences of your actions ■ To understand the best way to react if someone tries to provoke you
Story Outline >
Key Words Provoke: to do something to try and get a reaction
One evening, mum’s new boyfriend came over. Mum gave Danny and Chantelle some money to go to the cinema. They were standing at the bus shelter waiting for the bus but it didn’t turn up. It was cold and raining. They saw Vincent, a boy they knew from school, he shouted, “What are you two doing hanging around here? Mum kicked you out for the night?” In anger, Chantelle shouted back “Shut up, it’s none of your business”.
Think About… ■ ■ ■ ■
How do you think Danny and Chantelle felt about what Danny said to them? Why do you think Vincent spoke to Danny and Chantelle in the way that he did? How might Danny or Chantelle react if Vincent keeps talking to them in this way? What would you do? Why? What might be the consequences of your actions?
Activity 2.1: A game of football Students read the scenario about the situation Danny found himself in at school. In pairs or threes, they devise and act out a role play, construct a freeze frame or draw frame(s) of a storyboard of the possible outcomes of the story. Use the discussion points to look at these possible outcomes and decide what was the best/worst way for Danny to react.
Discussion points ■ ■ ■ ■
What did Danny and Josh end up doing in your version of the story? Why did this happen? Why might Josh be picking on Danny? What might be the consequences of this? Was it okay for Josh to do what he did?
Additional Information http://en.wikipedia.org/wiki/Provocation in English_law Information on what provocation is in English law from Wikipedia, the free online encyclopaedia
© Citizenship Foundation 2007
THE CRIME TAKES PLACE
Teacher’s notes (‘Trouble For Danny’ pages 3 and 4)
Learning Outcomes ■ To understand the difference between crimes and moral wrongs ■ To be able to discuss your opinions on what should be a crime.
Story Outline >
>THREE
Key Words Crime: where someone breaks the law Moral: what people think is right or wrong Morally wrong: where something is not against the law but it is still wrong to do it
Read with the students pages 3 and 4 together. Vincent crossed the road and joined them at the bus shelter. He continued to shout at and threaten Danny and Chantelle. In anger, Danny picked up a loose brick from a pile of rubble next to the bus shelter. Vincent also picked up a brick, the boys start to face off with Chantelle in between trying to calm things down. During the confusion the glass on the bus shelter got smashed by a brick. (We do not know who did it). Vincent immediately ran away.
Activity 3.1: Is it a crime? Students are shown pictures of different scenarios. For each they decide if it is a crime or morally wrong and tick the correct box on their sheet. Use these scenarios to discuss why each action is wrong. Who could suffer? Why do people behave like this? ANSWERS BELOW. ■ Driving faster than a speed limit CRIME. It is against the law to drive faster than the speed limit.
■ Borrowing a friend’s MP3 player without asking MORALLY WRONG. Unless you never return MP3 player, in which case this becomes theft.
■ Reading your sister’s diary MORALLY WRONG.
■ Stealing crisps from a shop CRIME. This is theft because you have taken the crisps without permission and will probably eat them.
■ Taking money someone left in a cash machine CRIME. This is theft because the money does not belong to you and the bank could probably find the owner if you handed it in.
■ Spreading rumours about someone MORALLY WRONG.
Discussion points ■ ■ ■ ■
What is the difference between a crime and something that is just morally wrong? Why are some things crimes and others only morally wrong? Are you surprised that some of the actions are not crimes? Do you think they should be? Are there any crimes that you think should not be against the law? (e.g. possessing drugs that will only be used by you)
Additional Information www.rizer.co.uk Information on different crimes
© Citizenship Foundation 2007
Visitor/Visit Opportunities Police Officer To talk to students about, and develop, their knowledge of different crimes and the law
THE WITNESSES TO THE CRIME
Teacher’s notes (‘Trouble For Danny’ pages 4 and 5)
Learning Outcomes ■ To know who the victim of the crime is ■ To find out about the other witnesses who saw the crime
Story Outline >
>FOUR
Key Words Victim: someone who hurt by what Provoke: Toisdo something somebody and else try didand get a reaction Witness: someone who sees something happen
This is Jodie and Jack. They were walking past the bus shelter when the glass got smashed. It smashed all over them, both suffered cuts and bruises on their arms and faces. Two other people saw what happened, Ayesha and Spencer. Ayesha was walking about 10 metres behind Jodie and Jack. She saw the glass smash but didn’t see who did it. She didn’t see Vincent at all. Spencer saw Danny, Chantelle and Vincent at the bus shelter arguing but didn’t see who broke the glass.
Activity 4.1: Who are Jodie & Jack, Ayesha and Spencer? As a class on a piece of large paper for each character, students cut out the pictures of Jodie and Jack, Ayesha and Spencer. On this they record some key facts about each character. These are displayed in the classroom and added to as the story progresses.
Discussion points ■ How do you think Jodie felt when the glass smashed onto her and Jack? ■ What is different about what Ayesha and Spencer saw? (This will be important later.)
Additional Information www.cjsonline.gov.uk/witness/ Information for witnesses, including a walk through of what will happen when they go to court and give evidence
© Citizenship Foundation 2007
THE WITNESSES TO THE CRIME (CONT.)
Teacher’s notes (‘Trouble For Danny’ pages 4 and 5)
>FIVE
Activity 4.2: Who is the victim? Students are given scenarios of different crimes. They need to write down who the victims are for each crime. They should be encouraged to think wider than just the immediate victim.
Provoke: To do something and try and get a reaction
■ Bill: car owners, people who buy the cars, council who have to clear up the mess, council tax payers whose money pays for clearing up the mess ■ Sarah: shop owners, people who buy the stolen goods on EBay, shoppers who have to pay more as shops might have to increase prices ■ Ken: No direct victims, police who have to deal with the accident, council who have to mend the lamppost. Perhaps Ken who has to pay for the damage, although as he brought this on himself is he really a victim? ■ Hannah: people who live in the local area, the council who have to clean it, council tax payers, train company, people who use the train who have to pay higher ticket prices
Discussion points ■ Is there such a thing as a ‘victimless’ crime? Can you think of any examples? (e.g. someone growing cannabis for their own use, although are they themselves a victim?) ■ Who does a crime harm the most? ■ Is everyone affected by a crime necessarily a victim?
Additional Information www.victimsupport.org/ Information on Victim Support and local contacts
www.cjsonline.gov.uk/victim/ Information for victims of crime, including a walk through © Citizenship Foundation 2007
Visitor/Visit Opportunities Victim Support To talk to students about the kind of help that is available to victims of crime
DANNY AND CHANTELLE ARE ARRESTED
Teacher’s notes (‘Trouble For Danny’ page 6)
Learning Outcomes ■ To know what an arrest is ■ To be able to identify the rights you have if you are arrested
Story Outline >
>SIX
Key Words Arrest: when the police takesomething you to be Provoke: To do questionedand at the station because trypolice and get a reaction they think you have committed a crime
Danny and Chantelle panic and run away. Ayesha and Spencer go to help Jodie and Jack; Spencer calls an ambulance. Danny and Chantelle don’t know where to go. They don’t go very far and the police quickly catch up with them. They are arrested by P.C. Richards for damaging the bus shelter and hurting Jodie and Jack. Both deny that they have done anything wrong.
Think About… ■ Why do you think Danny and Chantelle ran away? What might be the consequences of this? ■ Why do you think that the police arrested them?
Activity 5.1: My rights Students are given the list of statements about arrest. They need to decide if each one is true or false and tick the correct box. ANSWERS BELOW, AND ON THE FOLLOWING PAGE. ■ The police can only arrest you if they have a warrant saying that they can FALSE. There are several other circumstances in which you can be arrested, for example if you are caught committing a crime or the police think you are about to commit a crime.
© Citizenship Foundation 2007
■ The police must caution you when they arrest you TRUE. The formal caution says “You do not have to say anything, but it may harm your defence if you fail to mention when questioned something which you later rely on in court. Anything you do say will be given in evidence.” (Explain the meaning of caution.)
DANNY AND CHANTELLE ARE ARRESTED (CONT.)
Teacher’s notes (‘Trouble For Danny’ page 6)
■ The police don’t have to tell you why you have been arrested FALSE. You should be told as soon as possible after you are arrested. ■ You have the right to tell someone that you have been arrested TRUE. There are exceptions to this however, for example if the police suspect that by telling someone evidence of the crime could be tampered with or destroyed. ■ If you are arrested, you have a right to a solicitor but you will have to pay for them FALSE. You do have the right to see a solicitor but this service is free for anyone.
>SEVEN ■ The police can’t keep you in prison for more than 24 hours unless they get permission TRUE. A superintendent can extend this to 36 hours and magistrates to 96 hours. The only Provoke: To do something exception is if you are arrested under the and try in and get case a reaction Terrorism Act 2006, which you can be held for 28 days. ■ When you are in prison, you have a right to rest for at least 8 hours in 24 TRUE. ■ You have the right to food and drink when you are in custody TRUE.
Discussion points ■ Do you think the rules about being arrested are fair? ■ Is there anything else you think someone should have if they are arrested? ■ Do you think there should be exceptions to the rules? When and why?
Additional Information
Visitor/Visit Opportunities
www.homeoffice.gov.uk/police/powers/custody/
Police Officer
For information on rights when arrested
To talk to students about what happens when someone is arrested and their rights
www.adviceguide.org.uk/index/your_rights/legal _system/police_powers.htm#your_rights_on_arrest
Police Station
For information on rights when arrested
To enable students to see custody cells and interview rooms and see how someone is processed if they are arrested
Activity 5.2: Who is P.C. Richards? As a class on a piece of large paper, students cut out the picture of P.C. Richards. On this they record some key facts about each character. These are displayed in the classroom and added to as the story progresses.
Discussion points ■ Why do you think P.C. Richards arrested Danny and Chantelle? ■ Why didn’t he arrest Vincent instead? Do you think P.C. Richards knows about Vincent at this point?
© Citizenship Foundation 2007
DANNY AND CHANTELLE ARE INTERVIEWED
Teacher’s notes (‘Trouble For Danny’ page 7)
>EIGHT
Learning Outcomes ■ To know what a charge is ■ To understand what criminal damage and actual bodily harm are
Story Outline >
Key Words Charge: when the police think you have committed a crime which they can prove, you are charged Criminal Damage: where someone damages someone else’s property Actual Bodily Harm (ABH): an act of violence that hurts someone else. It might not have been done on purpose
Danny and Chantelle are taken to the police station. The police call their mum and she comes and sits with them while they are interviewed. Danny says that he didn’t break the glass but won’t tell the police who did. Chantelle’s story is the same. They won’t tell the police about Vincent because they are scared of him. The police don’t believe them. They think Danny broke the glass. Danny has been in trouble with the police before so they decide to take him to court. Chantelle is released without charge.
Activity 6.1: Danny’s charges Students complete the cloze exercise about the 2 charges that Danny is facing. ANSWERS BELOW.
The first charge is criminal damage. This is when you damage or destroy property that is someone else’s. Danny is charged with this because the police think he broke the glass on the bus shelter. The second charge is actual bodily harm. This is where someone is hurt by someone else. Injuries can be cuts and bruises like the ones Jodie and Jack got when the bus shelter glass got broken. Danny has been in trouble with the police before. He has had a Police Reprimand and a Final Warning after he had fights with people on the street. Now Danny will have to go to court because the police think that he has broken the law.
Discussion points ■ Do you think the police are right to charge Danny? ■ At this point do you think Danny is guilty or not guilty? ■ How do you think Danny feels now that he has to go to court?
Additional Information www.rizer.co.uk For animated information on different types of crime for use in youth justice settings or with those at risk of offending. © Citizenship Foundation 2007
DANNY GOES TO COURT
Teacher’s notes (‘Trouble For Danny’ page 9)
>NINE
Learning Outcomes ■ To know what a youth court looks like and the people that work there. ■ To be able to name 3 differences between a youth court and adult court ■ To understand the role of magistrates
Story Outline >
Key Words Court: the place where a trial is heard Magistrate: someone who decides the verdict in a magistrates’ court
On the day of Danny’s trial, all of the witnesses arrive at court. They are: Jodie P.C. Richards Ayesha Danny Chantelle Spencer
Think About… ■ How do you think Danny and the different witnesses feel about going to court? ■ Who else is affected by Danny’s trial? What do they think about it?
Activity 7.1: Inside a youth court Students complete the diagram of a youth court by cutting out and sticking the people in the correct places. Then show them the completed diagram of an adult magistrates’ court. Students write a list of all the differences they can see between the two, or they could stick the 2 diagrams onto a larger piece of paper and annotate the differences.
Key Differences in adult court: Layout is a lot more formal • Witness stand is a box rather than a chair at a table • Defendant sits in a dock rather than with his/her lawyer • Probation replace the Youth Offending Team for adults • Press are allowed • The public are allowed • Lawyers stand up when they speak to the court
Discussion points ■ Why do you think a youth and adult magistrates’ courts are different? ■ Do you agree that young people should have a different court? Why?
Activity 7.2: What do Magistrates do? Students read the facts about magistrates from the board or on the sheet. They then write a short paragraph about their opinion of the magistracy using the writing frame to guide them.
Discussion points ■ ■ ■ ■
Who are magistrates? What do you think about this system? Is it a good or bad idea? What changes would you make, if any? Would it be a good idea if more young people became magistrates?
Additional Information www.magistrates-association.org.uk/
Visitor/Visit Opportunities
For information about magistrates and the different courts
Magistrate
www.dca.gov.uk/magistrates.htm
Magistrates’ Court
Information about magistrates
www.hmcourts-service.gov.uk/ Information about courts, including contact details © Citizenship Foundation 2007
Teacher’s notes (‘Trouble For Danny’ page 9)
THE TRIAL
Learning Outcomes ■ To know what happens at a trial ■ To decide if you think Danny is guilty or not guilty and to be able to justify your decision
Story Outline >
>TEN
Key Words Trial: an event where after hearing what different people have to say about a crime, it is decided whether somebody is guilty or not Verdict: whether someone is guilty or not of a crime
The trial begins… Activity 8.1: The Trial Each student is given the role of one of the witnesses. They are given the large sheet of information about their character and the witness. Students fill in the writing frame to flesh out their story. They can decide the information for themselves if it is not provided (e.g. age, job etc) and use the Witness Statements to help them. Each student is then questioned by the teachers and/or learning support assistant (adults could take on prosecution and defence roles). This could be done quite formally, with students being called up and sworn in using the affirmation and with the room set out like a court. There is an order of procedure to help with this. You could get the students to be the usher when they are not giving evidence or another adult could do this.
Discussion points ■ Did you think the trial was fair? ■ Do you think the lawyers should be allowed to question witnesses like they do? ■ Is there anything you would change about the trial?
Activity 8.2: The verdict Students are given a list of questions to answer for each crime (all yes or no). If they answer yes to all of them, then they have found Danny guilty. If they answer no to any of them, then Danny is not guilty. Discuss the reasons for their answers as you go through the questions.
Discussion points ■ Is it fair that Danny is guilty of criminal damage if he broke the glass, even if he didn’t mean to? ■ Is it fair that even if he hurt Jodie and Jack by mistake, Danny could still be guilty of actual bodily harm if he realised he might hurt someone ?
Visitor/Visit Opportunities Magistrate Magistrates’ Court (you could even do the trial in a court if this is possible) © Citizenship Foundation 2007
DANNY IS FOUND GUILTY
Teacher’s notes (‘Trouble For Danny’ page 10)
>ELEVEN
Learning Outcomes ■ To know what a Youth Offending Team is ■ To understand what a pre-sentence report is
Story Outline >
Key Words Youth Offending Team (YOT): a group of people that help young people who have committed a crime Pre-sentence report: a report that helps magistrates decide a sentence
Danny is found guilty of criminal damage and actual bodily harm (ABH). Before he can be given a sentence, he has to meet with the local Youth Offending Team who will write a report for the magistrates about Danny’s background. This is so that they can give him a fair sentence and help him not to commit any more crime. It is called a pre-sentence report.
Activity 9.1: Youth Offending Teams Using the writing frame, students write a pre-sentence report about Danny for the magistrates. They might need to look back at his large sheet for information to help with this. You can also tell them at this point that Danny’s mother is working but does not have much money because she has some debts and no savings.
Discussion points ■ ■ ■ ■
What important facts about Danny will the magistrates find out more about? How do you think this will help them? Do you think it is important that the magistrates know this information? Do you think that Danny’s personal life should influence his sentence?
Additional Information www.yjb.gov.uk/en-gb/yjs/YouthOffendingTeams/ ContactDetails.htm For YOT contact details © Citizenship Foundation 2007
Visitor/Visit Opportunities Youth Offending Team To talk to the students in more depth about the work of YOTs
DANNY IS SENTENCED
Teacher’s notes (‘Trouble For Danny’ page 10)
Learning Outcomes ■ To know what a sentence is ■ To decide what sentence Danny should be given and be able to justify your decision
>TWELVE
Key Words Sentence: the punishment someone is given if they commit a crime
Story Outline > Danny goes back to court to be sentenced. The Pre-Sentencing Report is given to the magistrates. They take this with them when they go to decide their sentence.
Activity 10.1: Sentencing Students need to decide the sentence. They are given cards telling them the options for sentencing. In small groups or as a whole class, they discuss the different options and decide which they think is the best one for Danny, taking into account his sentencing report and the other help the YOT has suggested.
Discussion points ■ What affects Danny’s sentence? ■ Do you think the sentence should help Danny or just punish him for what he did? ■ What sentence would you give him?
Additional Information
Visitor/Visit Opportunities
www.rizer.co.uk
Magistrate
For information on the types of sentence
(perhaps to help run the sentencing activity, preferably one who works in Youth court)
© Citizenship Foundation 2007
YOUTH OFFENDING TEAMS
Teacher’s notes (‘Trouble For Danny’ page 11)
Learning Outcomes ■ To know how Youth Offending Teams help young people who have committed crimes
Story Outline >
>THIRTEEN
Key Words Youth Offending Team (YOT): a group of people that help young people who have committed crime
After the sentence, the Youth Offending Team work with Danny to help stop him from getting into trouble again. He helps to clean up graffiti in the area where he lives. He also goes to meetings with other young people like him to talk about why he broke the glass on the bus shelter and the effect his actions have had on others. Danny meets with Jodie to apologise for what he did.
Activity 11.1: Youth offending Teams Discussion points ■ What is your opinion of the help Danny is given? ■ Do you think this will help him? ■ How else could Danny be helped?
Visitor/Visit Opportunities Youth Offending Team
© Citizenship Foundation 2007
FEEDBACK FORM
‘Trouble For Danny’ Resource -
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The resource was a good way to teach about the law I had to adapt the resources to fit the needs of my students The resource was easy to use The tasks were appropriate for my students Students enjoyed the tasks I would use the resource again I would recommend the resource to other teachers What parts of the resource did you find particularly useful/effective?: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............................................................................................................................. What parts of the resource did you find least useful/effective?: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............................................................................................................................. What changes/development would you make to this resource?: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............................................................................................................................. Please return this form to the Citizenship Foundation either by: ■ Printing it out and posting it to: MCMT Project Officer, Citizenship Foundation, 63 Gee Street, London EC1V 3RS ■ Printing it out and faxing it to: 020 7566 4131 Your feedback is important and will be used for the continued development of this and other resources. Any information that you give will be kept confidential, and answers will be collated and reported on anonymously in internal and external evaluation reports and strategy documents from the Citizenship Foundation. © Citizenship Foundation 2007
TROUBLE FOR DANNY this is DANNY, 15 and his sister CHANTELLE, 13.
they live with their mum. there are lots of ARGUMENTS at home.
© Citizenship Foundation 2007
>ONE
TROUBLE FOR DANNY one evening, mum’s new boyfriend came over. MUM gave DANNY and CHANTELLE some money to go to the cinema. they were standing at the bus shelter waiting for the bus but it didn’t turn up.
they saw VINCENT, a boy they knew from school.
“WHAT ARE YOU TWO DOING HANGING AROUND HERE? MUM KICKED YOU OUT FOR THE NIGHT?”
“SHUT UP, IT’S NONE OF YOUR BUSINESS”.
© Citizenship Foundation 2007
>TWO
TROUBLE FOR DANNY
>THREE YOU’D BETTER GET ME THAT MONEY OR I’LL GET BOTH OF YOU!
WHY, WHAT ARE YOU GONNA DO ABOUT IT?
OH YEAH? WELL I SAY YOU DO. ARE YOU JUST GONNA STAND THERE DANNY?
COME ON THEN!
COME ON DANNY, LET’S JUST GO.
© Citizenship Foundation 2007
WE DON’T OWE YOU ANYTHING VINNIE.
TROUBLE FOR DANNY JODIE and JACK were passing by. they saw the row.
suddenly...
© Citizenship Foundation 2007
VINCENT ran away...
>FOUR
TROUBLE FOR DANNY it made JACK cry and JODIE was scared.
this is SPENCER. he saw DANNy, CHANTELLE and VINCENT at the bus shelter arguing but didn’t see who smashed the glass.
© Citizenship Foundation 2007
>FIVE AYESHA was walking towards the bus stop. she saw the glass smash but didn’t see who did it or VINCENT running away.
TROUBLE FOR DANNY
>SIX
DANNY and CHANTELLE panicked and ran away…
they didn’t know where to go…
15 minutes later they hadn’t gone very far and the POLICE caught up with them…
I’M ARRESTING YOU ON SUSPICION OF CRIMINAL DAMAGE AND ACTUAL BODILY HARM.
BUT WE DIDN’T DO ANYTHING WRONG...
© Citizenship Foundation 2007
TROUBLE FOR DANNY DANNY and CHANTELLE are taken to the POLICE STATION.
>SEVEN
OKAY, SO WHO WAS IT THEN?
I DIDN’T BREAK THE GLASS. I HAD A BRICK BUT IT WASN’T ME THAT BROKE IT.
I CAN’T SAY, I’M NOT A GRASS...
WHO BROKE THE GLASS AT THE BUS SHELTER?
MUM GAVE US SOME MONEY TO GO SEE A FILM. WE WENT TO GET THE BUS BUT IT NEVER CAME.
I DON’T WANT TO SAY...
WHO WAS THIS BOY?
IT WAS THIS OTHER BOY FROM SCHOOL. HE RAN OFF AS SOON AS HE’D DONE IT.
DANNY is charged...
THAT’S NOT FAIR! I DIDN’T DO ANYTHING WRONG! DANNY, WE ARE GOING TO CHARGE YOU BECAUSE WE THINK YOU BROKE THE GLASS IN THE BUS SHELTER. YOU WILL HAVE TO GO TO COURT BECAUSE YOU HAVE BEEN GIVEN TWO OFFICIAL WARNINGS BEFORE.
© Citizenship Foundation 2007
TROUBLE FOR DANNY on the day of DANNY’s TRIAL, everyone arrives at court...
© Citizenship Foundation 2007
>EIGHT
TROUBLE FOR DANNY the trial begins...
© Citizenship Foundation 2007
>NINE
TROUBLE FOR DANNY DANNY is found guilty of CRIMINAL DAMAGE and ACTUAL BODILY HARM (ABH). he meets with a YOT WORKER...
THANKS DANNY, I WILL MAKE SURE I PUT EVERYTHING YOU HAVE SAID INTO THE REPORT.
WHAT’S THE REPORT FOR?
THE MAGISTRATES WILL USE IT TO GIVE YOU A FAIR SENTENCE. IT’S CALLED A PRESENTENCE REPORT.
DANNY goes back to court to be sentenced…
WHAT DOES THE REPORT TELL US ABOUT DANNY?
© Citizenship Foundation 2007
>TEN
TROUBLE FOR DANNY after the sentence, the YOUTH OFFENDING TEAM work with DANNY to help stop him from getting into trouble again. he has to clean up graffiti in the area where he lives.
he also goes to meetings with other people like him to talk about why he broke the glass on the bus shelter and the effect his actions have had on others.
DANNY meets with JODIE to apologise for what he did.
© Citizenship Foundation 2007
>ELEVEN
WHO ARE DANNY AND CHANTELLE?
Activity 1.1
© Citizenship Foundation 2007
page 1
A GAME OF FOOTBALL
Activity 2.1
ONE LUNCHTIME, DANNY WAS IN THE PLAYGROUND WITH HIS FRIENDS PLAYING FOOTBALL. JOSH CAME OVER WHILE THEY WERE PLAYING. DANNY AND JOSH HAD NEVER REALLY GOT ALONG WITH EACH OTHER. JOSH STOLE THE BALL THAT THEY WERE PLAYING WITH AND RAN OFF. DANNY CHASED HIM BUT WHEN HE GOT CLOSE, JOSH THREW THE BALL ONTO THE ROOF. THIS MADE DANNY ANGRY…
© Citizenship Foundation 2007
page 2
IS IT A CRIME?
Activity 3.1
Driving faster than a speed limit A crime
Morally wrong
Taking money someone left in a cash machine A crime
Morally wrong
Spreading rumours about someone A crime
Morally wrong
© Citizenship Foundation 2007
page 3
Reading your sister’s diary A crime
Morally wrong
Borrowing a friend’s MP3 player without asking A crime
Morally wrong
Stealing crisps from a shop A crime
Morally wrong
Activity 4.1
WHO ARE JODIE AND JACK, AYESHA AND SPENCER?
© Citizenship Foundation 2007
page 4
WHO IS THE VICTIM?
Activity 4.2
page 5
Bill steals cars He sells the parts on the internet He dumps the parts he doesn’t need on the street
Sarah steals things from shops She sells them on eBay and uses the money to pay for drugs
Ken goes to the pub with his friends He gets drunk, but still drives home He hits a lamp post on the way Luckily no one gets hurt
Hannah is a graffiti artist She sprays tags near her house and at the train station
© Citizenship Foundation 2007
MY RIGHTS
Activity 5.1
page 6
TRUE The police can only arrest you if they have a warrant saying that they can
The police must caution you when they arrest you
The police don’t have to tell you why you have been arrested
You have the right to tell someone that you have been arrested
If you are arrested, you have a right to a solicitor but you will have to pay for them
The police can’t keep you in prison for more than 24 hours unless they get permission
When you are in prison, you have a right to sleep every 24 hours
You have the right to food and drink when you are in custody © Citizenship Foundation 2007
FALSE
WHO IS P.C. RICHARDS?
Activity 5.2
© Citizenship Foundation 2007
page 7
DANNY’S CHARGES
Activity 6.1
page 8
After he is interviewed, the police charge Danny with two .
The first crime is criminal damage
. This is when you that is someone else’s. Danny is charged
with this because the police think he broke the on the bus shelter.
The second crime is actual bodily
. This is where
someone is hurt by someone else.
can be cuts
and bruises like the ones Jodie and Jack got when the glass on the bus shelter got broken.
Danny has been in trouble with the police before. He has had a Police Reprimand and a Final
after he had fights with
people on the street.
Now Danny will have to go to
because the police
think that he has broken the law.
glass
damage
court
harm
crimes
Injuries
property
Warning
© Citizenship Foundation 2007
INSIDE A YOUTH COURT
Activity 7.1
© Citizenship Foundation 2007
page 9
INSIDE A YOUTH COURT
Activity 7.1
page 10
We are the magistrates. We listen to everything that is said in the case, decide if the defendant is guilty or not and what happens to them next. We sit together in a team of 3, only one of us speaks in court but we make the decision together.
I am a qualified prosecution lawyer and I try to prove that the defendant did the crime.
I am a qualified defence lawyer and I help the defendant show they are not guilty. I sit with the defendant and their parent or carer.
I come from the Youth Offending Team and will work with the defendant after the trial if they are found guilty to help stop them getting into trouble again.
I am the parent/carer of the defendant. I sit next to them.
© Citizenship Foundation 2007
I am a witness, I make a promise to tell the truth and answer questions from the prosecution and defence lawyers about what I saw or heard.
I am the usher and make sure that everything in court goes smoothly. I show witnesses to the stand and check that everyone is where they should be.
I am a legal adviser with legal qualifications. I sit near the magistrates so that I can help them with the law.
I am the defendant, accused of committing a crime. I sit next to the lawyer who speaks for me.
INSIDE A MAGISTRATES’ COURT
Activity 7.1
© Citizenship Foundation 2007
page 11
WHAT DO MAGISTRATES DO?
Activity 7.2
Anyone can apply to become a magistrate. They fill in an application form and complete tests and interviews
Although magistrates do not have to be qualified lawyers, they are carefully trained and have a legal adviser to help them with the law and procedures in court
Magistrates come from the local community
Over 95% of all criminal cases are dealt with by magistrates
Magistrates are not paid but can claim back expenses like travel
Magistrates usually sit in a team of three called the bench. If possible they will be a mix of male and female, age, ethnicity, job etc
Magistrates sit at least 26 times a year. A morning or an afternoon counts as one sitting
Magistrates can work in an adult, youth and family court
Your opinion of magistrates I think that the idea of magistrates is…
GOOD
BAD
This is because…
Something I would change about magistrates is…
This change would make things better because… Driving faster than a speed limit A crime Morally wrongbecome magistrates if… I think more young people would
© Citizenship Foundation 2007
page 12
Magistrates decide whether they think someone has broken the law
Magistrates are aged 18 or over
THE TRIAL
Activity 8.1
My character’s name is… My age is… I work as/am studying at… I live with… Three other important facts about me… 1 2 3 My story about what happened is…
© Citizenship Foundation 2007
page 13
THE TRIAL
Activity 8.1
page 14
Suggested Questions for Witnesses Witness
Prosecution
Defence
Jodie
• Where were you going? • What happened when you walked past the bus shelter? • Were you hurt? How badly? • Why do you think this happened? • Did you see anyone else run away from the bus stop?
• Do you think the person who broke the glass meant to hurt you? • Do you know why the glass was broken? • How sure are you that the person who broke the glass was the defendant? Did you actually see him do it?
P.C. Richardson
• Why did you arrest the defendant and his sister? • What made you think it was them? • How sure are you that he broke the glass?
• Did you ever find the other boy that was at the bus stop? • Why haven’t you questioned him? • Did you actually see the glass get broken? • So you can’t be completely sure that it was Danny then can you?
Ayesha
• How many people did you see run away from the bus stop? • Who were they? • Did you see anybody else there at all?
• What was the weather like? • How far away from the bus stop were you? • Did you see the faces of the people who ran away? • Is it possible that there was someone else that you didn’t see?
© Citizenship Foundation 2007
THE TRIAL
Activity 8.1
page 15
Suggested Questions for Witnesses Witness
Prosecution
Defence
Danny
• How did the way you had been spoken to make you feel? • Why did you pick up the brick? • Did you want to fight this other boy? • Who broke the glass? • Why won’t you tell us more about the other boy that was at the bus stop? • Or perhaps you won’t tell us because he will tell us that you broke the glass? • Why did you run away if you hadn’t done anything wrong?
• Why were you at the bus stop? • How do you feel about the situation at home? • What happened when you were at the bus stop? • Who else was there? • Did you break the glass? • How do you feel about being accused of this crime?
Chantelle
• Why did you stop Danny from fighting with the boy? • How did you stop them? • Why won’t you tell us about this other boy you say smashed the glass? • Why run away when it wasn’t Danny? • Are you close to your brother? • So you would want to protect him, wouldn’t you? • Would you lie for him?
• Why were you at the bus stop? • How do you feel about the situation at home? • What happened at the bus stop? • Who was the other boy? • What did you do? • Who broke the glass? • Where did the boy go?
© Citizenship Foundation 2007
THE TRIAL
Activity 8.1
page 16
Suggested Questions for Witnesses Witness Spencer
Prosecution • What was the weather like outside? • Did this make it more difficult for you to see what happened? • Would you recognise the other boy if you saw him again? • How sure are you about who smashed the glass? • So it could have been Danny then?
© Citizenship Foundation 2007
Defence • Why were you walking past the bus stop? • What did you see? • What did the boy do? • How did the people in the bus stop react? • What did the boy do next? • Did you see who broke the glass? Who was it? • What did you do next?
THE TRIAL
Activity 8.1
page 17
Order of Procedure An adult or student can act as a legal adviser. Once everyone is seated in their correct places, the following is said: Legal Adviser: Danny: Legal Adviser: Danny: Legal Adviser:
“Would the defendant please stand. (Danny stands up). Danny, you are charged with criminal damage and actual bodily harm. Do you understand?” “Yes” “How do you plead?” “Not guilty” “Thank you. You can sit down.” (Danny sits down)
The witnesses are called in this order: Jodie PC Richardson Ayesha
Called by the Prosecution
Danny Chantelle Spencer
Called by the Defence
To call a witness, a lawyer says: “I would like to call…” When the witness gets to their seat, he/she stays standing. The usher then asks them to repeat the following:
“I do solemnly, sincerely and truly declare and affirm, that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.” The witness can then sit down. They are then questioned by the lawyer on their side and then the lawyer on the opposite side. E.g. Jodie would be questioned by the prosecution first and then the defence. Once both lawyers have questioned the witness, the usher takes them back to their seat (in reality this would be to outside of the court). © Citizenship Foundation 2007
After all three of the lawyer’s witnesses have been questioned, the lawyer says:
“That is the case for the prosecution/ defence”
THE TRIAL - WITNESS STATEMENTS
Activity 8.1
page 18
Prosecution Witness 1: Jodie I was walking home after I had been to visit my mum. It was horrible outside so I was walking fast as I wanted to get home quickly. I had my son Jack in the buggy and I didn’t want him to get too cold and wet. On the way there is a bus shelter near the main road. I could see some kids there but I didn’t see exactly how many. As I walked past the bus shelter, a brick suddenly came flying through the glass which smashed all over Jack and me. Luckily the brick missed us but we were both covered with broken glass which caused a few cuts and bruises. I saw 2 people run away from the bus stop after the glass smashed. I didn’t see anybody else. Some people came over to help us. One of them called an ambulance and the police. Jack and I went to hospital to be checked over. I am scared to walk home in the evenings on my own now in case something like this happens again.
Prosecution Witness 2: PC Richardson I received a call that a window had been smashed at the bus shelter near the main road. When I arrived at the scene, I found a young lady and her child being looked after by 2 passers-by. I asked them what had happened and they told me that the glass had been smashed by a brick. 2 young people had been seen running away. No one mentioned anyone else having been at the bus stop. After getting a description of the 2 young people, I walked in the direction they had been seen running in. About 200 metres down the road I found Danny and Chantelle, who matched the descriptions I had been given. I arrested them on suspicion of criminal damage. They were taken to the police station where they were questioned in the presence of their mother. After this, I decided there was enough evidence to charge Danny.
© Citizenship Foundation 2007
THE TRIAL - WITNESS STATEMENTS
Activity 8.1
page 19
Prosecution Witness 3: Ayesha I was on my way to work an evening shift. It was a horrible, wet evening. I could see a young lady with a buggy about 10 metres ahead of me. As she walked past the bus shelter, the glass smashed all over her and the buggy. I saw 2 people running away from the bus stop but I didn’t actually see who smashed the glass. I ran over to help the girl. Someone else joined us and called for an ambulance and the police. A police officer arrived and asked us to describe the people we saw. No one mentioned anybody except for the 2 people I saw running away. I stayed with the girl, Jodie, until the ambulance came for her. The police visited me at home the next day to take my statement.
Defendant: Danny My sister Chantelle and I were going to go to the cinema. Our mum gave us some money for the bus and to get in. We went to the bus stop, but the bus never came. We didn’t really want to go home because Mum had her new boyfriend round for the evening. We decided to hang around at the bus stop. We weren’t doing anyone any harm. There was someone else at the bus stop and they were the person that broke the glass. I don’t deny that I had a brick in my hand or that I was there, but I didn’t throw the brick. I’m not going to tell on the other person because I’m not a grass. Chantelle and I ran away because we panicked and were scared about what had happened, not because we had done anything wrong.
© Citizenship Foundation 2007
THE TRIAL - WITNESS STATEMENTS
Activity 8.1
page 20
Defence Witness 1: Chantelle Danny and I were at the bus stop because we were waiting to get a bus so that we could go to the cinema. The weather was really bad so I suppose that’s why the bus never turned up. We stayed under the shelter because it was the only place to keep dry. We didn’t want to go home. This boy from school came along and started shouting at us. Danny got really angry and picked up a brick from a pile of rubble at the bus stop.The other boy picked one up too. I got between them to try and calm things down. I didn’t want my brother to get into any trouble. The other boy threw his brick and it went straight through the glass which smashed all over this woman and a baby.The boy ran away and Danny and I were left at the bus stop. Danny dropped his brick on the floor. We didn’t know what to do. I know it was stupid of us to run away but we were scared. We know the other boy from school. He picks on us quite a lot and won’t leave us alone. Danny would never admit this but we are both scared of him and that’s why I won’t tell the police who he is. Who knows what he would do if we grassed on him.
Defence Witness 2: Spencer I was walking to the pub to meet some friends. As it was a cold and wet night I was walking quite fast down the main road. There is a bus stop that quite often has kids hanging around it. I was on the opposite side of the road walking past. I could see 3 young people at the bus shelter. It looked like they were having an argument, although I couldn’t hear what it was about. I kept on walking past and then heard the sound of smashing glass. I turned around to see one of the young people running away from the bus shelter, in the opposite direction to me. I looked back at the bus shelter. The window was smashed and the 2 other people were still standing there. One of them was holding something, although I’m not sure what it was. After a few moments they ran away in the same direction as I was walking. I think the person dropped whatever they were holding before they ran off. It was then that I saw someone had been walking past the bus shelter and was covered in glass. I ran over to help, there was another passer-by as well. She helped the girl while I called the police and an ambulance. In all of the confusion I completely forgot about the other person I saw until the police came to take my statement the next day.
© Citizenship Foundation 2007
THE VERDICT
Activity 8.2
page 21
CRIMINAL DAMAGE YES
NO
YES
NO
Did Danny break the glass? Does the bus stop belong to someone else?
ACTUAL BODILY HARM
Did you find Danny guilty of criminal damage? Did the glass hurt someone? Do you think Danny realised that he might hurt someone if he broke the glass? © Citizenship Foundation 2007
YOUTH OFFENDING TEAMS
Activity 9.1
Pre-Sentencing Report for Danny Reasons Danny committed the crime • • • • • •
Facts about Danny’s life at home • • • • • •
To stop Danny from committing more crime, he could be helped by… • • • • • • © Citizenship Foundation 2007
page 22
SENTENCING
Activity 10.1
page 23
REFERRAL ORDER
BIND OVER
• Given to all after their first conviction if the young person admits they did the offence • Lasts 3-12 months • Youth Offender Panel decides what the young person has to do
• Have to behave for a certain amount of time
PARENTAL BIND OVER • The parent has to make sure their child stays out of trouble
FINE • Pay money to the court as a punishment. • Up to £1000 • Parents will have to pay if young person is under 16 and can’t
CURFEW ORDER ACTION PLAN ORDER • Lasts 3 months • Looked after by the Youth Offending Team (YOT) • Have to do activities like: • Report to the YOT • Stay away from certain places • Go to school
• Have to stay in a particular place (usually at home) for between 2 and 12 hours a day. • Lasts up to 3 months
COMPENSATION • Pay money to a victim
ATTENDANCE CENTRE ORDER
REPARATION ORDER
• Attend a centre run by the police or Youth Offending Team for about 2 hours on Saturdays • Do 12-24 hours in total
• This is where you have to do something to make up for what you did wrong • Must be completed in 3 months
SUPERVISION ORDER
PARENTING ORDER
• Have to report to the Youth Offending Team • The team will help keep the young person out of trouble
• Can last up to 12 months • Parents might have to go to classes to learn how to control their child better
© Citizenship Foundation 2007
TROUBLE FOR DANNY making sense of the law
Introduction
Who is it for?
Extra Information
Trouble for Danny is designed to support the teaching of citizenship education to pupils at key stages 3 and 4 with special educational needs. It can be used in both special and mainstream schools, and is aimed at students with moderate learning difficulties, especially those having problems with literacy. This resource has been developed with funding from the Ministry of Justice, enabling it to be available to teachers free of charge.
In addition to the notes and additional resources on the learning activities, you might find the following Citizenship Foundation resources useful for background reading on citizenship, law and the criminal justice system:
What is it for? Trouble for Danny aims to enable young people with special educational needs to understand and critically engage with the criminal legal system, specifically the workings of youth courts. The resources centre around the story of Danny, a 15 year old boy who is charged with a crime. Students complete activities based around the events that take place during this story, which culminates in a classroom based mock trial and sentencing activity.
What does it consist of? There are three parts to this resource: ■ Teacher Notes (story outline, learning objectives and activities) ■ The Story - Trouble for Danny ■ Student activity sheets The page(s) of ’The Story - Trouble for Danny’ that the Teachers’ Notes relate to are clearly noted at the top of each page and the resources are clearly labelled with the activity number they are used for. Users should read these 3 documents in conjunction with one another. Pupils will only receive the story and the resources that they use to complete the activities. It is suggested that pupils receive each part of the story gradually to prevent them from reading ahead. The section of the story following the trial assumes that Danny has been found guilty of the crime as this is when further action would be taken (p. 9 onwards of ‘The Story Trouble for Danny’) If your class or group finds Danny not guilty of the crime, you may still wish to look at this section to enable students to gain an understanding of the sentencing process and the role of Youth Offending Teams.
■ Young Citizen’s Passport (YCP), 12th Edition, 2007 – A practical guide to the law for young people ■ Making Sense of Citizenship: A Continuing Professional Development Handbook, 2006 – guidance on delivering citizenship education in a range of educational settings from 3-19 ■ Developing Citizens: A Comprehensive Introduction to Effective Citizenship Education in the Secondary School, 2006 – key papers on a range of issues surrounding citizenship education Information on how to obtain these resources can be found at www.citizenshipfoundation.org.uk. You can also visit www.rizer.co.uk for animated stories for use with young offenders. A useful source of help is the Magistrates’ in the Community (MIC) project run by the Magistrates’ Association. This project brings magistrates into schools to talk to and work with young people about the magistracy and the courts. You might want to try and arrange for a magistrate to visit the class/group for one or more sessions to help with activities or a court visit if this is possible. For more information on the project and how to get in touch with your local court, visit www.magistratesassociation.org.uk and click on ‘MIC Project’.
Acknowledgements This resource was written by Julie Gibbings. Special thanks to Don Rowe for his input and advice in the development of this resource. We are also grateful for the help of Terry Silvers and Sam Nicholson during the initial stages of research and writing. Many thanks to the following people for their input and assistance: Ann Flintham JP, Nick Swinscoe JP, Ann West JP, Genevieve Knight (Harrow Youth Offending Team), Yvonne Small (Lambeth Youth Offending Team) and Marianne McCarthy (Hillingdon Youth Offending Team). Thanks also go to Nomad Graphique for their work on the artwork and design of the resource. We also gratefully acknowledge the financial assistance of the Ministry of Justice in publishing this resource.
National Curriculum Links
Feedback
This pack is designed to develop young peoples’ understanding of their legal rights and responsibilities and the youth justice system. It will also contribute to the development of their enquiry and communication skills through the justification of opinions and contribution to class discussions.
We are grateful for any feedback from users of this resource about its practical application in the classroom. Please complete the feedback form you can find at the end of the Teacher’s Notes and return it to MCMT Project Officer, Citizenship Foundation, 63 Gee Street London EC1V 3RS or Fax to: 020 7566 4131.
© Citizenship Foundation 2007
AN INTRODUCTION TO DANNY AND CHANTELLE
Teacher’s notes (‘Trouble For Danny’ page 1)
Learning Outcomes ■ To know who Danny and Chantelle are ■ To be able to name 3 ways that arguments at home can be avoided
Story Outline >
>ONE
Key Words Argument: a difference of opinion
This is Danny, who is 15. His sister Chantelle is 13. They live with their mum. There are a lot of arguments at home.
Activity 1.1: Who are Danny & Chantelle? As a class, on a piece of large paper for each character (with pictures from resources stuck on), students cut out the pictures of Danny and Chantelle. On this they can record some key facts about them. These are displayed in the classroom and added to as the story progresses.
Discussion points ■ Danny and Chantelle get along well together – what do you think are the good points and the bad points about having brothers or sisters? ■ What do you think the arguments might be about? ■ Can you think about some good ways of sorting out arguments at home? © Citizenship Foundation 2007
DANNY AND CHANTELLE GO OUT FOR THE EVENING
Teacher’s notes (‘Trouble For Danny’ page 2)
>TWO
Learning Outcomes ■ To know what ‘provoke’ means ■ To be able to identify the possible consequences of your actions ■ To understand the best way to react if someone tries to provoke you
Story Outline >
Key Words Provoke: to do something to try and get a reaction
One evening, mum’s new boyfriend came over. Mum gave Danny and Chantelle some money to go to the cinema. They were standing at the bus shelter waiting for the bus but it didn’t turn up. It was cold and raining. They saw Vincent, a boy they knew from school, he shouted, “What are you two doing hanging around here? Mum kicked you out for the night?” In anger, Chantelle shouted back “Shut up, it’s none of your business”.
Think About… ■ ■ ■ ■
How do you think Danny and Chantelle felt about what Danny said to them? Why do you think Vincent spoke to Danny and Chantelle in the way that he did? How might Danny or Chantelle react if Vincent keeps talking to them in this way? What would you do? Why? What might be the consequences of your actions?
Activity 2.1: A game of football Students read the scenario about the situation Danny found himself in at school. In pairs or threes, they devise and act out a role play, construct a freeze frame or draw frame(s) of a storyboard of the possible outcomes of the story. Use the discussion points to look at these possible outcomes and decide what was the best/worst way for Danny to react.
Discussion points ■ ■ ■ ■
What did Danny and Josh end up doing in your version of the story? Why did this happen? Why might Josh be picking on Danny? What might be the consequences of this? Was it okay for Josh to do what he did?
Additional Information http://en.wikipedia.org/wiki/Provocation in English_law Information on what provocation is in English law from Wikipedia, the free online encyclopaedia
© Citizenship Foundation 2007
THE CRIME TAKES PLACE
Teacher’s notes (‘Trouble For Danny’ pages 3 and 4)
Learning Outcomes ■ To understand the difference between crimes and moral wrongs ■ To be able to discuss your opinions on what should be a crime.
Story Outline >
>THREE
Key Words Crime: where someone breaks the law Moral: what people think is right or wrong Morally wrong: where something is not against the law but it is still wrong to do it
Read with the students pages 3 and 4 together. Vincent crossed the road and joined them at the bus shelter. He continued to shout at and threaten Danny and Chantelle. In anger, Danny picked up a loose brick from a pile of rubble next to the bus shelter. Vincent also picked up a brick, the boys start to face off with Chantelle in between trying to calm things down. During the confusion the glass on the bus shelter got smashed by a brick. (We do not know who did it). Vincent immediately ran away.
Activity 3.1: Is it a crime? Students are shown pictures of different scenarios. For each they decide if it is a crime or morally wrong and tick the correct box on their sheet. Use these scenarios to discuss why each action is wrong. Who could suffer? Why do people behave like this? ANSWERS BELOW. ■ Driving faster than a speed limit CRIME. It is against the law to drive faster than the speed limit.
■ Borrowing a friend’s MP3 player without asking MORALLY WRONG. Unless you never return MP3 player, in which case this becomes theft.
■ Reading your sister’s diary MORALLY WRONG.
■ Stealing crisps from a shop CRIME. This is theft because you have taken the crisps without permission and will probably eat them.
■ Taking money someone left in a cash machine CRIME. This is theft because the money does not belong to you and the bank could probably find the owner if you handed it in.
■ Spreading rumours about someone MORALLY WRONG.
Discussion points ■ ■ ■ ■
What is the difference between a crime and something that is just morally wrong? Why are some things crimes and others only morally wrong? Are you surprised that some of the actions are not crimes? Do you think they should be? Are there any crimes that you think should not be against the law? (e.g. possessing drugs that will only be used by you)
Additional Information www.rizer.co.uk Information on different crimes
© Citizenship Foundation 2007
Visitor/Visit Opportunities Police Officer To talk to students about, and develop, their knowledge of different crimes and the law
THE WITNESSES TO THE CRIME
Teacher’s notes (‘Trouble For Danny’ pages 4 and 5)
Learning Outcomes ■ To know who the victim of the crime is ■ To find out about the other witnesses who saw the crime
Story Outline >
>FOUR
Key Words Victim: someone who hurt by what Provoke: Toisdo something somebody and else try didand get a reaction Witness: someone who sees something happen
This is Jodie and Jack. They were walking past the bus shelter when the glass got smashed. It smashed all over them, both suffered cuts and bruises on their arms and faces. Two other people saw what happened, Ayesha and Spencer. Ayesha was walking about 10 metres behind Jodie and Jack. She saw the glass smash but didn’t see who did it. She didn’t see Vincent at all. Spencer saw Danny, Chantelle and Vincent at the bus shelter arguing but didn’t see who broke the glass.
Activity 4.1: Who are Jodie & Jack, Ayesha and Spencer? As a class on a piece of large paper for each character, students cut out the pictures of Jodie and Jack, Ayesha and Spencer. On this they record some key facts about each character. These are displayed in the classroom and added to as the story progresses.
Discussion points ■ How do you think Jodie felt when the glass smashed onto her and Jack? ■ What is different about what Ayesha and Spencer saw? (This will be important later.)
Additional Information www.cjsonline.gov.uk/witness/ Information for witnesses, including a walk through of what will happen when they go to court and give evidence
© Citizenship Foundation 2007
THE WITNESSES TO THE CRIME (CONT.)
Teacher’s notes (‘Trouble For Danny’ pages 4 and 5)
>FIVE
Activity 4.2: Who is the victim? Students are given scenarios of different crimes. They need to write down who the victims are for each crime. They should be encouraged to think wider than just the immediate victim.
Provoke: To do something and try and get a reaction
■ Bill: car owners, people who buy the cars, council who have to clear up the mess, council tax payers whose money pays for clearing up the mess ■ Sarah: shop owners, people who buy the stolen goods on EBay, shoppers who have to pay more as shops might have to increase prices ■ Ken: No direct victims, police who have to deal with the accident, council who have to mend the lamppost. Perhaps Ken who has to pay for the damage, although as he brought this on himself is he really a victim? ■ Hannah: people who live in the local area, the council who have to clean it, council tax payers, train company, people who use the train who have to pay higher ticket prices
Discussion points ■ Is there such a thing as a ‘victimless’ crime? Can you think of any examples? (e.g. someone growing cannabis for their own use, although are they themselves a victim?) ■ Who does a crime harm the most? ■ Is everyone affected by a crime necessarily a victim?
Additional Information www.victimsupport.org/ Information on Victim Support and local contacts
www.cjsonline.gov.uk/victim/ Information for victims of crime, including a walk through © Citizenship Foundation 2007
Visitor/Visit Opportunities Victim Support To talk to students about the kind of help that is available to victims of crime
DANNY AND CHANTELLE ARE ARRESTED
Teacher’s notes (‘Trouble For Danny’ page 6)
Learning Outcomes ■ To know what an arrest is ■ To be able to identify the rights you have if you are arrested
Story Outline >
>SIX
Key Words Arrest: when the police takesomething you to be Provoke: To do questionedand at the station because trypolice and get a reaction they think you have committed a crime
Danny and Chantelle panic and run away. Ayesha and Spencer go to help Jodie and Jack; Spencer calls an ambulance. Danny and Chantelle don’t know where to go. They don’t go very far and the police quickly catch up with them. They are arrested by P.C. Richards for damaging the bus shelter and hurting Jodie and Jack. Both deny that they have done anything wrong.
Think About… ■ Why do you think Danny and Chantelle ran away? What might be the consequences of this? ■ Why do you think that the police arrested them?
Activity 5.1: My rights Students are given the list of statements about arrest. They need to decide if each one is true or false and tick the correct box. ANSWERS BELOW, AND ON THE FOLLOWING PAGE. ■ The police can only arrest you if they have a warrant saying that they can FALSE. There are several other circumstances in which you can be arrested, for example if you are caught committing a crime or the police think you are about to commit a crime.
© Citizenship Foundation 2007
■ The police must caution you when they arrest you TRUE. The formal caution says “You do not have to say anything, but it may harm your defence if you fail to mention when questioned something which you later rely on in court. Anything you do say will be given in evidence.” (Explain the meaning of caution.)
DANNY AND CHANTELLE ARE ARRESTED (CONT.)
Teacher’s notes (‘Trouble For Danny’ page 6)
■ The police don’t have to tell you why you have been arrested FALSE. You should be told as soon as possible after you are arrested. ■ You have the right to tell someone that you have been arrested TRUE. There are exceptions to this however, for example if the police suspect that by telling someone evidence of the crime could be tampered with or destroyed. ■ If you are arrested, you have a right to a solicitor but you will have to pay for them FALSE. You do have the right to see a solicitor but this service is free for anyone.
>SEVEN ■ The police can’t keep you in prison for more than 24 hours unless they get permission TRUE. A superintendent can extend this to 36 hours and magistrates to 96 hours. The only Provoke: To do something exception is if you are arrested under the and try in and get case a reaction Terrorism Act 2006, which you can be held for 28 days. ■ When you are in prison, you have a right to rest for at least 8 hours in 24 TRUE. ■ You have the right to food and drink when you are in custody TRUE.
Discussion points ■ Do you think the rules about being arrested are fair? ■ Is there anything else you think someone should have if they are arrested? ■ Do you think there should be exceptions to the rules? When and why?
Additional Information
Visitor/Visit Opportunities
www.homeoffice.gov.uk/police/powers/custody/
Police Officer
For information on rights when arrested
To talk to students about what happens when someone is arrested and their rights
www.adviceguide.org.uk/index/your_rights/legal _system/police_powers.htm#your_rights_on_arrest
Police Station
For information on rights when arrested
To enable students to see custody cells and interview rooms and see how someone is processed if they are arrested
Activity 5.2: Who is P.C. Richards? As a class on a piece of large paper, students cut out the picture of P.C. Richards. On this they record some key facts about each character. These are displayed in the classroom and added to as the story progresses.
Discussion points ■ Why do you think P.C. Richards arrested Danny and Chantelle? ■ Why didn’t he arrest Vincent instead? Do you think P.C. Richards knows about Vincent at this point?
© Citizenship Foundation 2007
DANNY AND CHANTELLE ARE INTERVIEWED
Teacher’s notes (‘Trouble For Danny’ page 7)
>EIGHT
Learning Outcomes ■ To know what a charge is ■ To understand what criminal damage and actual bodily harm are
Story Outline >
Key Words Charge: when the police think you have committed a crime which they can prove, you are charged Criminal Damage: where someone damages someone else’s property Actual Bodily Harm (ABH): an act of violence that hurts someone else. It might not have been done on purpose
Danny and Chantelle are taken to the police station. The police call their mum and she comes and sits with them while they are interviewed. Danny says that he didn’t break the glass but won’t tell the police who did. Chantelle’s story is the same. They won’t tell the police about Vincent because they are scared of him. The police don’t believe them. They think Danny broke the glass. Danny has been in trouble with the police before so they decide to take him to court. Chantelle is released without charge.
Activity 6.1: Danny’s charges Students complete the cloze exercise about the 2 charges that Danny is facing. ANSWERS BELOW.
The first charge is criminal damage. This is when you damage or destroy property that is someone else’s. Danny is charged with this because the police think he broke the glass on the bus shelter. The second charge is actual bodily harm. This is where someone is hurt by someone else. Injuries can be cuts and bruises like the ones Jodie and Jack got when the bus shelter glass got broken. Danny has been in trouble with the police before. He has had a Police Reprimand and a Final Warning after he had fights with people on the street. Now Danny will have to go to court because the police think that he has broken the law.
Discussion points ■ Do you think the police are right to charge Danny? ■ At this point do you think Danny is guilty or not guilty? ■ How do you think Danny feels now that he has to go to court?
Additional Information www.rizer.co.uk For animated information on different types of crime for use in youth justice settings or with those at risk of offending. © Citizenship Foundation 2007
DANNY GOES TO COURT
Teacher’s notes (‘Trouble For Danny’ page 9)
>NINE
Learning Outcomes ■ To know what a youth court looks like and the people that work there. ■ To be able to name 3 differences between a youth court and adult court ■ To understand the role of magistrates
Story Outline >
Key Words Court: the place where a trial is heard Magistrate: someone who decides the verdict in a magistrates’ court
On the day of Danny’s trial, all of the witnesses arrive at court. They are: Jodie P.C. Richards Ayesha Danny Chantelle Spencer
Think About… ■ How do you think Danny and the different witnesses feel about going to court? ■ Who else is affected by Danny’s trial? What do they think about it?
Activity 7.1: Inside a youth court Students complete the diagram of a youth court by cutting out and sticking the people in the correct places. Then show them the completed diagram of an adult magistrates’ court. Students write a list of all the differences they can see between the two, or they could stick the 2 diagrams onto a larger piece of paper and annotate the differences.
Key Differences in adult court: Layout is a lot more formal • Witness stand is a box rather than a chair at a table • Defendant sits in a dock rather than with his/her lawyer • Probation replace the Youth Offending Team for adults • Press are allowed • The public are allowed • Lawyers stand up when they speak to the court
Discussion points ■ Why do you think a youth and adult magistrates’ courts are different? ■ Do you agree that young people should have a different court? Why?
Activity 7.2: What do Magistrates do? Students read the facts about magistrates from the board or on the sheet. They then write a short paragraph about their opinion of the magistracy using the writing frame to guide them.
Discussion points ■ ■ ■ ■
Who are magistrates? What do you think about this system? Is it a good or bad idea? What changes would you make, if any? Would it be a good idea if more young people became magistrates?
Additional Information www.magistrates-association.org.uk/
Visitor/Visit Opportunities
For information about magistrates and the different courts
Magistrate
www.dca.gov.uk/magistrates.htm
Magistrates’ Court
Information about magistrates
www.hmcourts-service.gov.uk/ Information about courts, including contact details © Citizenship Foundation 2007
Teacher’s notes (‘Trouble For Danny’ page 9)
THE TRIAL
Learning Outcomes ■ To know what happens at a trial ■ To decide if you think Danny is guilty or not guilty and to be able to justify your decision
Story Outline >
>TEN
Key Words Trial: an event where after hearing what different people have to say about a crime, it is decided whether somebody is guilty or not Verdict: whether someone is guilty or not of a crime
The trial begins… Activity 8.1: The Trial Each student is given the role of one of the witnesses. They are given the large sheet of information about their character and the witness. Students fill in the writing frame to flesh out their story. They can decide the information for themselves if it is not provided (e.g. age, job etc) and use the Witness Statements to help them. Each student is then questioned by the teachers and/or learning support assistant (adults could take on prosecution and defence roles). This could be done quite formally, with students being called up and sworn in using the affirmation and with the room set out like a court. There is an order of procedure to help with this. You could get the students to be the usher when they are not giving evidence or another adult could do this.
Discussion points ■ Did you think the trial was fair? ■ Do you think the lawyers should be allowed to question witnesses like they do? ■ Is there anything you would change about the trial?
Activity 8.2: The verdict Students are given a list of questions to answer for each crime (all yes or no). If they answer yes to all of them, then they have found Danny guilty. If they answer no to any of them, then Danny is not guilty. Discuss the reasons for their answers as you go through the questions.
Discussion points ■ Is it fair that Danny is guilty of criminal damage if he broke the glass, even if he didn’t mean to? ■ Is it fair that even if he hurt Jodie and Jack by mistake, Danny could still be guilty of actual bodily harm if he realised he might hurt someone ?
Visitor/Visit Opportunities Magistrate Magistrates’ Court (you could even do the trial in a court if this is possible) © Citizenship Foundation 2007
DANNY IS FOUND GUILTY
Teacher’s notes (‘Trouble For Danny’ page 10)
>ELEVEN
Learning Outcomes ■ To know what a Youth Offending Team is ■ To understand what a pre-sentence report is
Story Outline >
Key Words Youth Offending Team (YOT): a group of people that help young people who have committed a crime Pre-sentence report: a report that helps magistrates decide a sentence
Danny is found guilty of criminal damage and actual bodily harm (ABH). Before he can be given a sentence, he has to meet with the local Youth Offending Team who will write a report for the magistrates about Danny’s background. This is so that they can give him a fair sentence and help him not to commit any more crime. It is called a pre-sentence report.
Activity 9.1: Youth Offending Teams Using the writing frame, students write a pre-sentence report about Danny for the magistrates. They might need to look back at his large sheet for information to help with this. You can also tell them at this point that Danny’s mother is working but does not have much money because she has some debts and no savings.
Discussion points ■ ■ ■ ■
What important facts about Danny will the magistrates find out more about? How do you think this will help them? Do you think it is important that the magistrates know this information? Do you think that Danny’s personal life should influence his sentence?
Additional Information www.yjb.gov.uk/en-gb/yjs/YouthOffendingTeams/ ContactDetails.htm For YOT contact details © Citizenship Foundation 2007
Visitor/Visit Opportunities Youth Offending Team To talk to the students in more depth about the work of YOTs
DANNY IS SENTENCED
Teacher’s notes (‘Trouble For Danny’ page 10)
Learning Outcomes ■ To know what a sentence is ■ To decide what sentence Danny should be given and be able to justify your decision
>TWELVE
Key Words Sentence: the punishment someone is given if they commit a crime
Story Outline > Danny goes back to court to be sentenced. The Pre-Sentencing Report is given to the magistrates. They take this with them when they go to decide their sentence.
Activity 10.1: Sentencing Students need to decide the sentence. They are given cards telling them the options for sentencing. In small groups or as a whole class, they discuss the different options and decide which they think is the best one for Danny, taking into account his sentencing report and the other help the YOT has suggested.
Discussion points ■ What affects Danny’s sentence? ■ Do you think the sentence should help Danny or just punish him for what he did? ■ What sentence would you give him?
Additional Information
Visitor/Visit Opportunities
www.rizer.co.uk
Magistrate
For information on the types of sentence
(perhaps to help run the sentencing activity, preferably one who works in Youth court)
© Citizenship Foundation 2007
YOUTH OFFENDING TEAMS
Teacher’s notes (‘Trouble For Danny’ page 11)
Learning Outcomes ■ To know how Youth Offending Teams help young people who have committed crimes
Story Outline >
>THIRTEEN
Key Words Youth Offending Team (YOT): a group of people that help young people who have committed crime
After the sentence, the Youth Offending Team work with Danny to help stop him from getting into trouble again. He helps to clean up graffiti in the area where he lives. He also goes to meetings with other young people like him to talk about why he broke the glass on the bus shelter and the effect his actions have had on others. Danny meets with Jodie to apologise for what he did.
Activity 11.1: Youth offending Teams Discussion points ■ What is your opinion of the help Danny is given? ■ Do you think this will help him? ■ How else could Danny be helped?
Visitor/Visit Opportunities Youth Offending Team
© Citizenship Foundation 2007
FEEDBACK FORM
‘Trouble For Danny’ Resource -
Teacher Name (Optional): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Establishment Name (Optional): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Type of Establishment:
Special School Mainstream School Pupil Referral Unit Other (Please state): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Age group(s) resource used with: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Number of students in the group the resource was used with: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hours of teaching time used to deliver the resource: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Type of group the resource was used with:
All SEN All with a specific SEN Mixed Ability Other (Please state): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Strongly Agree
Agree
Neutral
Strongly Disagree Disagree
The resource was a good way to teach about the law I had to adapt the resources to fit the needs of my students The resource was easy to use The tasks were appropriate for my students Students enjoyed the tasks I would use the resource again I would recommend the resource to other teachers What parts of the resource did you find particularly useful/effective?: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............................................................................................................................. What parts of the resource did you find least useful/effective?: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............................................................................................................................. What changes/development would you make to this resource?: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............................................................................................................................. Please return this form to the Citizenship Foundation either by: ■ Printing it out and posting it to: MCMT Project Officer, Citizenship Foundation, 63 Gee Street, London EC1V 3RS ■ Printing it out and faxing it to: 020 7566 4131 Your feedback is important and will be used for the continued development of this and other resources. Any information that you give will be kept confidential, and answers will be collated and reported on anonymously in internal and external evaluation reports and strategy documents from the Citizenship Foundation. © Citizenship Foundation 2007
TROUBLE FOR DANNY this is DANNY, 15 and his sister CHANTELLE, 13.
they live with their mum. there are lots of ARGUMENTS at home.
© Citizenship Foundation 2007
>ONE
TROUBLE FOR DANNY one evening, mum’s new boyfriend came over. MUM gave DANNY and CHANTELLE some money to go to the cinema. they were standing at the bus shelter waiting for the bus but it didn’t turn up.
they saw VINCENT, a boy they knew from school.
“WHAT ARE YOU TWO DOING HANGING AROUND HERE? MUM KICKED YOU OUT FOR THE NIGHT?”
“SHUT UP, IT’S NONE OF YOUR BUSINESS”.
© Citizenship Foundation 2007
>TWO
TROUBLE FOR DANNY
>THREE YOU’D BETTER GET ME THAT MONEY OR I’LL GET BOTH OF YOU!
WHY, WHAT ARE YOU GONNA DO ABOUT IT?
OH YEAH? WELL I SAY YOU DO. ARE YOU JUST GONNA STAND THERE DANNY?
COME ON THEN!
COME ON DANNY, LET’S JUST GO.
© Citizenship Foundation 2007
WE DON’T OWE YOU ANYTHING VINNIE.
TROUBLE FOR DANNY JODIE and JACK were passing by. they saw the row.
suddenly...
© Citizenship Foundation 2007
VINCENT ran away...
>FOUR
TROUBLE FOR DANNY it made JACK cry and JODIE was scared.
this is SPENCER. he saw DANNy, CHANTELLE and VINCENT at the bus shelter arguing but didn’t see who smashed the glass.
© Citizenship Foundation 2007
>FIVE AYESHA was walking towards the bus stop. she saw the glass smash but didn’t see who did it or VINCENT running away.
TROUBLE FOR DANNY
>SIX
DANNY and CHANTELLE panicked and ran away…
they didn’t know where to go…
15 minutes later they hadn’t gone very far and the POLICE caught up with them…
I’M ARRESTING YOU ON SUSPICION OF CRIMINAL DAMAGE AND ACTUAL BODILY HARM.
BUT WE DIDN’T DO ANYTHING WRONG...
© Citizenship Foundation 2007
TROUBLE FOR DANNY DANNY and CHANTELLE are taken to the POLICE STATION.
>SEVEN
OKAY, SO WHO WAS IT THEN?
I DIDN’T BREAK THE GLASS. I HAD A BRICK BUT IT WASN’T ME THAT BROKE IT.
I CAN’T SAY, I’M NOT A GRASS...
WHO BROKE THE GLASS AT THE BUS SHELTER?
MUM GAVE US SOME MONEY TO GO SEE A FILM. WE WENT TO GET THE BUS BUT IT NEVER CAME.
I DON’T WANT TO SAY...
WHO WAS THIS BOY?
IT WAS THIS OTHER BOY FROM SCHOOL. HE RAN OFF AS SOON AS HE’D DONE IT.
DANNY is charged...
THAT’S NOT FAIR! I DIDN’T DO ANYTHING WRONG! DANNY, WE ARE GOING TO CHARGE YOU BECAUSE WE THINK YOU BROKE THE GLASS IN THE BUS SHELTER. YOU WILL HAVE TO GO TO COURT BECAUSE YOU HAVE BEEN GIVEN TWO OFFICIAL WARNINGS BEFORE.
© Citizenship Foundation 2007
TROUBLE FOR DANNY on the day of DANNY’s TRIAL, everyone arrives at court...
© Citizenship Foundation 2007
>EIGHT
TROUBLE FOR DANNY the trial begins...
© Citizenship Foundation 2007
>NINE
TROUBLE FOR DANNY DANNY is found guilty of CRIMINAL DAMAGE and ACTUAL BODILY HARM (ABH). he meets with a YOT WORKER...
THANKS DANNY, I WILL MAKE SURE I PUT EVERYTHING YOU HAVE SAID INTO THE REPORT.
WHAT’S THE REPORT FOR?
THE MAGISTRATES WILL USE IT TO GIVE YOU A FAIR SENTENCE. IT’S CALLED A PRESENTENCE REPORT.
DANNY goes back to court to be sentenced…
WHAT DOES THE REPORT TELL US ABOUT DANNY?
© Citizenship Foundation 2007
>TEN
TROUBLE FOR DANNY after the sentence, the YOUTH OFFENDING TEAM work with DANNY to help stop him from getting into trouble again. he has to clean up graffiti in the area where he lives.
he also goes to meetings with other people like him to talk about why he broke the glass on the bus shelter and the effect his actions have had on others.
DANNY meets with JODIE to apologise for what he did.
© Citizenship Foundation 2007
>ELEVEN
WHO ARE DANNY AND CHANTELLE?
Activity 1.1
© Citizenship Foundation 2007
page 1
A GAME OF FOOTBALL
Activity 2.1
ONE LUNCHTIME, DANNY WAS IN THE PLAYGROUND WITH HIS FRIENDS PLAYING FOOTBALL. JOSH CAME OVER WHILE THEY WERE PLAYING. DANNY AND JOSH HAD NEVER REALLY GOT ALONG WITH EACH OTHER. JOSH STOLE THE BALL THAT THEY WERE PLAYING WITH AND RAN OFF. DANNY CHASED HIM BUT WHEN HE GOT CLOSE, JOSH THREW THE BALL ONTO THE ROOF. THIS MADE DANNY ANGRY…
© Citizenship Foundation 2007
page 2
IS IT A CRIME?
Activity 3.1
Driving faster than a speed limit A crime
Morally wrong
Taking money someone left in a cash machine A crime
Morally wrong
Spreading rumours about someone A crime
Morally wrong
© Citizenship Foundation 2007
page 3
Reading your sister’s diary A crime
Morally wrong
Borrowing a friend’s MP3 player without asking A crime
Morally wrong
Stealing crisps from a shop A crime
Morally wrong
Activity 4.1
WHO ARE JODIE AND JACK, AYESHA AND SPENCER?
© Citizenship Foundation 2007
page 4
WHO IS THE VICTIM?
Activity 4.2
page 5
Bill steals cars He sells the parts on the internet He dumps the parts he doesn’t need on the street
Sarah steals things from shops She sells them on eBay and uses the money to pay for drugs
Ken goes to the pub with his friends He gets drunk, but still drives home He hits a lamp post on the way Luckily no one gets hurt
Hannah is a graffiti artist She sprays tags near her house and at the train station
© Citizenship Foundation 2007
MY RIGHTS
Activity 5.1
page 6
TRUE The police can only arrest you if they have a warrant saying that they can
The police must caution you when they arrest you
The police don’t have to tell you why you have been arrested
You have the right to tell someone that you have been arrested
If you are arrested, you have a right to a solicitor but you will have to pay for them
The police can’t keep you in prison for more than 24 hours unless they get permission
When you are in prison, you have a right to sleep every 24 hours
You have the right to food and drink when you are in custody © Citizenship Foundation 2007
FALSE
WHO IS P.C. RICHARDS?
Activity 5.2
© Citizenship Foundation 2007
page 7
DANNY’S CHARGES
Activity 6.1
page 8
After he is interviewed, the police charge Danny with two .
The first crime is criminal damage
. This is when you that is someone else’s. Danny is charged
with this because the police think he broke the on the bus shelter.
The second crime is actual bodily
. This is where
someone is hurt by someone else.
can be cuts
and bruises like the ones Jodie and Jack got when the glass on the bus shelter got broken.
Danny has been in trouble with the police before. He has had a Police Reprimand and a Final
after he had fights with
people on the street.
Now Danny will have to go to
because the police
think that he has broken the law.
glass
damage
court
harm
crimes
Injuries
property
Warning
© Citizenship Foundation 2007
INSIDE A YOUTH COURT
Activity 7.1
© Citizenship Foundation 2007
page 9
INSIDE A YOUTH COURT
Activity 7.1
page 10
We are the magistrates. We listen to everything that is said in the case, decide if the defendant is guilty or not and what happens to them next. We sit together in a team of 3, only one of us speaks in court but we make the decision together.
I am a qualified prosecution lawyer and I try to prove that the defendant did the crime.
I am a qualified defence lawyer and I help the defendant show they are not guilty. I sit with the defendant and their parent or carer.
I come from the Youth Offending Team and will work with the defendant after the trial if they are found guilty to help stop them getting into trouble again.
I am the parent/carer of the defendant. I sit next to them.
© Citizenship Foundation 2007
I am a witness, I make a promise to tell the truth and answer questions from the prosecution and defence lawyers about what I saw or heard.
I am the usher and make sure that everything in court goes smoothly. I show witnesses to the stand and check that everyone is where they should be.
I am a legal adviser with legal qualifications. I sit near the magistrates so that I can help them with the law.
I am the defendant, accused of committing a crime. I sit next to the lawyer who speaks for me.
INSIDE A MAGISTRATES’ COURT
Activity 7.1
© Citizenship Foundation 2007
page 11
WHAT DO MAGISTRATES DO?
Activity 7.2
Anyone can apply to become a magistrate. They fill in an application form and complete tests and interviews
Although magistrates do not have to be qualified lawyers, they are carefully trained and have a legal adviser to help them with the law and procedures in court
Magistrates come from the local community
Over 95% of all criminal cases are dealt with by magistrates
Magistrates are not paid but can claim back expenses like travel
Magistrates usually sit in a team of three called the bench. If possible they will be a mix of male and female, age, ethnicity, job etc
Magistrates sit at least 26 times a year. A morning or an afternoon counts as one sitting
Magistrates can work in an adult, youth and family court
Your opinion of magistrates I think that the idea of magistrates is…
GOOD
BAD
This is because…
Something I would change about magistrates is…
This change would make things better because… Driving faster than a speed limit A crime Morally wrongbecome magistrates if… I think more young people would
© Citizenship Foundation 2007
page 12
Magistrates decide whether they think someone has broken the law
Magistrates are aged 18 or over
THE TRIAL
Activity 8.1
My character’s name is… My age is… I work as/am studying at… I live with… Three other important facts about me… 1 2 3 My story about what happened is…
© Citizenship Foundation 2007
page 13
THE TRIAL
Activity 8.1
page 14
Suggested Questions for Witnesses Witness
Prosecution
Defence
Jodie
• Where were you going? • What happened when you walked past the bus shelter? • Were you hurt? How badly? • Why do you think this happened? • Did you see anyone else run away from the bus stop?
• Do you think the person who broke the glass meant to hurt you? • Do you know why the glass was broken? • How sure are you that the person who broke the glass was the defendant? Did you actually see him do it?
P.C. Richardson
• Why did you arrest the defendant and his sister? • What made you think it was them? • How sure are you that he broke the glass?
• Did you ever find the other boy that was at the bus stop? • Why haven’t you questioned him? • Did you actually see the glass get broken? • So you can’t be completely sure that it was Danny then can you?
Ayesha
• How many people did you see run away from the bus stop? • Who were they? • Did you see anybody else there at all?
• What was the weather like? • How far away from the bus stop were you? • Did you see the faces of the people who ran away? • Is it possible that there was someone else that you didn’t see?
© Citizenship Foundation 2007
THE TRIAL
Activity 8.1
page 15
Suggested Questions for Witnesses Witness
Prosecution
Defence
Danny
• How did the way you had been spoken to make you feel? • Why did you pick up the brick? • Did you want to fight this other boy? • Who broke the glass? • Why won’t you tell us more about the other boy that was at the bus stop? • Or perhaps you won’t tell us because he will tell us that you broke the glass? • Why did you run away if you hadn’t done anything wrong?
• Why were you at the bus stop? • How do you feel about the situation at home? • What happened when you were at the bus stop? • Who else was there? • Did you break the glass? • How do you feel about being accused of this crime?
Chantelle
• Why did you stop Danny from fighting with the boy? • How did you stop them? • Why won’t you tell us about this other boy you say smashed the glass? • Why run away when it wasn’t Danny? • Are you close to your brother? • So you would want to protect him, wouldn’t you? • Would you lie for him?
• Why were you at the bus stop? • How do you feel about the situation at home? • What happened at the bus stop? • Who was the other boy? • What did you do? • Who broke the glass? • Where did the boy go?
© Citizenship Foundation 2007
THE TRIAL
Activity 8.1
page 16
Suggested Questions for Witnesses Witness Spencer
Prosecution • What was the weather like outside? • Did this make it more difficult for you to see what happened? • Would you recognise the other boy if you saw him again? • How sure are you about who smashed the glass? • So it could have been Danny then?
© Citizenship Foundation 2007
Defence • Why were you walking past the bus stop? • What did you see? • What did the boy do? • How did the people in the bus stop react? • What did the boy do next? • Did you see who broke the glass? Who was it? • What did you do next?
THE TRIAL
Activity 8.1
page 17
Order of Procedure An adult or student can act as a legal adviser. Once everyone is seated in their correct places, the following is said: Legal Adviser: Danny: Legal Adviser: Danny: Legal Adviser:
“Would the defendant please stand. (Danny stands up). Danny, you are charged with criminal damage and actual bodily harm. Do you understand?” “Yes” “How do you plead?” “Not guilty” “Thank you. You can sit down.” (Danny sits down)
The witnesses are called in this order: Jodie PC Richardson Ayesha
Called by the Prosecution
Danny Chantelle Spencer
Called by the Defence
To call a witness, a lawyer says: “I would like to call…” When the witness gets to their seat, he/she stays standing. The usher then asks them to repeat the following:
“I do solemnly, sincerely and truly declare and affirm, that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.” The witness can then sit down. They are then questioned by the lawyer on their side and then the lawyer on the opposite side. E.g. Jodie would be questioned by the prosecution first and then the defence. Once both lawyers have questioned the witness, the usher takes them back to their seat (in reality this would be to outside of the court). © Citizenship Foundation 2007
After all three of the lawyer’s witnesses have been questioned, the lawyer says:
“That is the case for the prosecution/ defence”
THE TRIAL - WITNESS STATEMENTS
Activity 8.1
page 18
Prosecution Witness 1: Jodie I was walking home after I had been to visit my mum. It was horrible outside so I was walking fast as I wanted to get home quickly. I had my son Jack in the buggy and I didn’t want him to get too cold and wet. On the way there is a bus shelter near the main road. I could see some kids there but I didn’t see exactly how many. As I walked past the bus shelter, a brick suddenly came flying through the glass which smashed all over Jack and me. Luckily the brick missed us but we were both covered with broken glass which caused a few cuts and bruises. I saw 2 people run away from the bus stop after the glass smashed. I didn’t see anybody else. Some people came over to help us. One of them called an ambulance and the police. Jack and I went to hospital to be checked over. I am scared to walk home in the evenings on my own now in case something like this happens again.
Prosecution Witness 2: PC Richardson I received a call that a window had been smashed at the bus shelter near the main road. When I arrived at the scene, I found a young lady and her child being looked after by 2 passers-by. I asked them what had happened and they told me that the glass had been smashed by a brick. 2 young people had been seen running away. No one mentioned anyone else having been at the bus stop. After getting a description of the 2 young people, I walked in the direction they had been seen running in. About 200 metres down the road I found Danny and Chantelle, who matched the descriptions I had been given. I arrested them on suspicion of criminal damage. They were taken to the police station where they were questioned in the presence of their mother. After this, I decided there was enough evidence to charge Danny.
© Citizenship Foundation 2007
THE TRIAL - WITNESS STATEMENTS
Activity 8.1
page 19
Prosecution Witness 3: Ayesha I was on my way to work an evening shift. It was a horrible, wet evening. I could see a young lady with a buggy about 10 metres ahead of me. As she walked past the bus shelter, the glass smashed all over her and the buggy. I saw 2 people running away from the bus stop but I didn’t actually see who smashed the glass. I ran over to help the girl. Someone else joined us and called for an ambulance and the police. A police officer arrived and asked us to describe the people we saw. No one mentioned anybody except for the 2 people I saw running away. I stayed with the girl, Jodie, until the ambulance came for her. The police visited me at home the next day to take my statement.
Defendant: Danny My sister Chantelle and I were going to go to the cinema. Our mum gave us some money for the bus and to get in. We went to the bus stop, but the bus never came. We didn’t really want to go home because Mum had her new boyfriend round for the evening. We decided to hang around at the bus stop. We weren’t doing anyone any harm. There was someone else at the bus stop and they were the person that broke the glass. I don’t deny that I had a brick in my hand or that I was there, but I didn’t throw the brick. I’m not going to tell on the other person because I’m not a grass. Chantelle and I ran away because we panicked and were scared about what had happened, not because we had done anything wrong.
© Citizenship Foundation 2007
THE TRIAL - WITNESS STATEMENTS
Activity 8.1
page 20
Defence Witness 1: Chantelle Danny and I were at the bus stop because we were waiting to get a bus so that we could go to the cinema. The weather was really bad so I suppose that’s why the bus never turned up. We stayed under the shelter because it was the only place to keep dry. We didn’t want to go home. This boy from school came along and started shouting at us. Danny got really angry and picked up a brick from a pile of rubble at the bus stop.The other boy picked one up too. I got between them to try and calm things down. I didn’t want my brother to get into any trouble. The other boy threw his brick and it went straight through the glass which smashed all over this woman and a baby.The boy ran away and Danny and I were left at the bus stop. Danny dropped his brick on the floor. We didn’t know what to do. I know it was stupid of us to run away but we were scared. We know the other boy from school. He picks on us quite a lot and won’t leave us alone. Danny would never admit this but we are both scared of him and that’s why I won’t tell the police who he is. Who knows what he would do if we grassed on him.
Defence Witness 2: Spencer I was walking to the pub to meet some friends. As it was a cold and wet night I was walking quite fast down the main road. There is a bus stop that quite often has kids hanging around it. I was on the opposite side of the road walking past. I could see 3 young people at the bus shelter. It looked like they were having an argument, although I couldn’t hear what it was about. I kept on walking past and then heard the sound of smashing glass. I turned around to see one of the young people running away from the bus shelter, in the opposite direction to me. I looked back at the bus shelter. The window was smashed and the 2 other people were still standing there. One of them was holding something, although I’m not sure what it was. After a few moments they ran away in the same direction as I was walking. I think the person dropped whatever they were holding before they ran off. It was then that I saw someone had been walking past the bus shelter and was covered in glass. I ran over to help, there was another passer-by as well. She helped the girl while I called the police and an ambulance. In all of the confusion I completely forgot about the other person I saw until the police came to take my statement the next day.
© Citizenship Foundation 2007
THE VERDICT
Activity 8.2
page 21
CRIMINAL DAMAGE YES
NO
YES
NO
Did Danny break the glass? Does the bus stop belong to someone else?
ACTUAL BODILY HARM
Did you find Danny guilty of criminal damage? Did the glass hurt someone? Do you think Danny realised that he might hurt someone if he broke the glass? © Citizenship Foundation 2007
YOUTH OFFENDING TEAMS
Activity 9.1
Pre-Sentencing Report for Danny Reasons Danny committed the crime • • • • • •
Facts about Danny’s life at home • • • • • •
To stop Danny from committing more crime, he could be helped by… • • • • • • © Citizenship Foundation 2007
page 22
SENTENCING
Activity 10.1
page 23
REFERRAL ORDER
BIND OVER
• Given to all after their first conviction if the young person admits they did the offence • Lasts 3-12 months • Youth Offender Panel decides what the young person has to do
• Have to behave for a certain amount of time
PARENTAL BIND OVER • The parent has to make sure their child stays out of trouble
FINE • Pay money to the court as a punishment. • Up to £1000 • Parents will have to pay if young person is under 16 and can’t
CURFEW ORDER ACTION PLAN ORDER • Lasts 3 months • Looked after by the Youth Offending Team (YOT) • Have to do activities like: • Report to the YOT • Stay away from certain places • Go to school
• Have to stay in a particular place (usually at home) for between 2 and 12 hours a day. • Lasts up to 3 months
COMPENSATION • Pay money to a victim
ATTENDANCE CENTRE ORDER
REPARATION ORDER
• Attend a centre run by the police or Youth Offending Team for about 2 hours on Saturdays • Do 12-24 hours in total
• This is where you have to do something to make up for what you did wrong • Must be completed in 3 months
SUPERVISION ORDER
PARENTING ORDER
• Have to report to the Youth Offending Team • The team will help keep the young person out of trouble
• Can last up to 12 months • Parents might have to go to classes to learn how to control their child better
© Citizenship Foundation 2007
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