Law Week 2017 Cluedunnit Kids Competition Introduction

Proudly sponsored by

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 2

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 3

You have been chosen to represent your school in the

2017 LAW WEEK CLUEDUNNIT KIDS COMPETITION!

Your job is to read all the information you receive, ask questions and decide which of the three suspects is responsible for stealing the Redbacks Hockey Club’s

lucky shirt from their clubrooms. The shirt was one of their most prized possessions as it had been signed by several Olympic

hockey players.

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 4

At about 4.30pm on Friday, 13 May 2016 Mr Chris Crawley, the President of the Redbacks Hockey Club, went to the Redbacks Hockey clubrooms to set up for a quiz night that was to take place later that evening. As soon as he entered the clubrooms he noticed that the club’s highly treasured ‘lucky shirt’ which normally hung on the wall was missing. The empty hanger had a note attached to it. The note said “Good luck in the grand final this year Creepy Crawley!” and there was a picture of a spider underneath the writing. A small label which had the initials “MM” on it was found on the floor close by. Mr Crawley looked outside the clubrooms and noticed there was a girl running towards the road. The girl was wearing a hockey uniform from one of their rival clubs, the Black Widows Hockey Club. He reached for his phone and took a photo of the girl. He then rang the Tarantula Lakes Police Station and reported the incident to Constable Charlotte Webb. Constable Webb attended the crime scene and then telephoned the President of the Black Widows Hockey Club to enquire who was their coach. Constable Webb then contacted Ms Octavia Legg, the coach, who happened to be at training with the girls. Constable Webb asked Ms Legg if any of their players had the initials “MM”? Ms Legg told Constable Webb that there were three girls in their club who had the initials “MM”. Constable Webb arranged to meet Ms Legg at training where she spoke with each of the players who had the initials “MM”. Who stole the lucky shirt? Was it Madeleine Moody, McKenzie Main or Maria Moffett?

The Case

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 5

You will soon receive a “brief of evidence” which contains witness statements, reports and photos. This information has been gathered by the investigating police officers. These documents each contain critical information, so it is not wise to jump to conclusions before you consider them all.

Once you have these documents, you will have all the clues you need to identify the suspect and the evidence you need to charge her. However, you can ask questions of the Francis Burt Law Education Programme staff. You can ask up to six questions per school. It is worth taking the time to ask the staff from the Francis Burt Law Education Programme questions even if you think you know who the correct suspect is. You need to collect enough evidence to prove beyond reasonable doubt that the suspect committed the crime and the answers you receive may provide more clues.

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 6

Evidence can take many forms including: • witness accounts • scientific evidence (e.g. DNA, fingerprint)

• physical evidence (e.g. notes)

• expert evidence (e.g. statement by a qualified professional such as a scientist)

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 7

Rules You CAN: • give your team a name; • talk to your class and teachers about the case; • use the internet for research; • ask questions about the evidence. Remember you are ONLY

able to ask six questions per school; • use PowerPoint, role plays, re-enactments, video or other

creative elements in your submission. ONLY members of the investigation team can have a speaking role in the submission (your classmates can be in the background of any video you make but they cannot talk).

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 8

Team Leaders TEAM LEADERS WILL HAVE SOME EXTRA RESPONSIBILITIES • Please make sure your team’s questions are emailed to the Education

Officers at schools@lawsocietywa.asn.au. Remember to show your questions to your teacher first. You can also telephone us with questions on (08) 9324 8686. You can only ask six questions per school so if your school is running an in-school competition you will have to share the questions.

• Please make sure you have allowed enough time for your team’s submission to reach us no later than 4pm on Wednesday, 17 May 2017. Alternatively, you can upload your submission to Dropbox and send us the link. Our judges have very tight timelines to meet and late submissions cannot be accepted.

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 9

Questions A good investigator always asks lots of questions - it is the best way to get additional information. You are allowed to ask six questions per school. These questions will help you obtain extra information e.g. statements, photos or a report. You don’t have to ask six questions, but remember you may not get all of the available information if you don’t ask questions.

Your questions must fall within very strict guidelines. • Questions MAY be used to clarify

evidence. • You CANNOT ask if a certain person

is guilty. • You CANNOT ask who committed

the offence. • You CANNOT ask for my opinion. • You DO NOT have to ask all of your

six questions at the same time. We suggest waiting for an answer to your question before asking further questions.

• You CANNOT ask for a copy of everything the police have. You will receive police evidence in the brief.

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 10

Questions When asking questions, you must nominate the person who you feel can provide the information, rather than just asking for the detail you want. Be specific in what you are asking.

EXAMPLE

“Who owns locker 12?” (not a good question)

“Please ask Constable Linus Uppe to tell us who owns locker 12” (great question)

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 11

Examples of Questions Samples of poor questions are in orange – these are either too vague or don’t nominate the person who is to provide the information. The correct style of questioning is in green – these are clear, specific and indicate who is to provide the information.

1. If there are any witnesses, what did they see or hear?

Please ask Sergeant Justin Thyme for a witness statement from the waste recycling truck driver who was traveling on Surf Street.

2. Can we get any information on why Robyn Holden was absent from school?

Please ask the school principal if any reason was given for Robyn Holden’s absence from school on 14 March.

3. Whose footprints were outside the driver’s side door?

Please ask Sergeant Justin Thyme for the foot size of the suspects.

Please note if you do not ask a clear question directed to a specific person, the Education Officers will be unable to answer the question.

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 12

Programme Contacts The Francis Burt Law Education Programme contacts are:

• Dean Curtis (Manager, Education and Community Services)

• Michelle Davies (Education Officer)

Questions can be forwarded to us via:

Email: schools@lawsocietywa.asn.au

Phone: (08) 9324 8686

Fax: (08) 9221 4220

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 13

Presenting Your Case

Your team will need to make sure you can answer the following questions:

• who was the person responsible for the crime?

• do you have evidence to prove your case?

• is your submission interesting and creative?

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 14

Judges The judges will decide a winner based on: • Correct identification of the suspect • Supporting evidence • Creativity

The panel members will include: • President of the Children’s Court of WA

• Chief Magistrate of WA

• A WA Police Officer

• A Legal Aid WA lawyer

• A representative from Curtin University Law School

Prizes 2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 15

• The winning team will be awarded a trophy and a book pack for their school (or equivalent). Each winning member of the team will receive a medal.

• The runner up team will receive a plaque and a book pack for their school (or equivalent). Each winning member of the team will receive a medal.

• A plaque will also be awarded to the ambassador school. The ambassador school is selected based on the manner the teams conduct themselves during the competition.

• Every participant will receive a certificate.

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 16

Competition Winners from previous years

2015 First Prize: Homeschool Mandurah

Runners Up: Georgiana Molloy Anglican School Ambassador School: Geraldton Grammar School

2016 First Prize: Wanneroo Primary school

Runners Up: Donnybrook District High School Ambassador School: Halls Head Primary School

The 2016 winning entries can be viewed online from the Law Society website

Now you have all the information you need on how the project works, you should be ready to read statements, ask questions and solve your case. Remember, if you ask questions you will get more clues.

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 17

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 18

Education Classes from any school are most welcome to attend the Francis Burt Law Education Programme to view a Magistrates Court in session and participate in a mock trial or trial re-enactment. You will need to contact us to arrange a suitable time.

Phone: (08) 9324 8686

Email: schools@lawsocietywa.asn.au

The Francis Burt Law Education Programme has a Lawyer Visits to Schools Network available where you can arrange to have a lawyer come and talk to you.

Schools outside the Perth Metropolitan area can also contact their nearest Magistrates Court for information regarding court tours and school visits.

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 19

Magistrates Court Most cases in WA begin in the Magistrates Court, which has both criminal and civil jurisdictions. Magistrates Court matters include: • Criminal – summary matters (e.g. traffic offences, shoplifting, disorderly

conduct); • Civil – claims for debt or damages and non-offence based matters (e.g.

dividing fences, extraordinary driver’s licence applications, restraining orders); and

• Committals to the District and Supreme Courts for serious indictable matters.

The judicial officer in the Magistrates Court is a Magistrate who is referred to as “Your Honour”. Magistrates do not wear robes or wigs.

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 20

Legal Terms BRIEF OF EVIDENCE: The documents, including statements and photographs, that the police prosecutor will rely on in a case against a person charged with a criminal offence.

CHARGE: When the police formally accuse a person of committing a criminal offence.

EVIDENCE: Verbal or written statements of witnesses, documents and other items used to support a party's case in court.

HEARING: The time when the parties present their evidence to the court and make submissions on the law that applies to the case. After the hearing the court makes a decision in the case.

HEARSAY: Something that was not personally seen or heard by the person giving evidence but told to them by another person.

JUDICIAL SUPPORT OFFICER: A person who sits in court directly in front of the Magistrate and makes sure the Magistrate has all of the paperwork that they need for each day in court. The Judicial Support Officer also prepares forms for the court such as arrest warrants and bail papers.

JURISDICTION: The authority of a court to decide matters brought before it. The authority may be limited by the place where the dispute arose or an offence was committed, the kind of dispute, the amount of money in dispute or the seriousness of an offence.

MAGISTRATES COURT: A lower court in WA, which has the jurisdiction to hear less serious criminal and civil matters.

MAGISTRATE: A judicial officer appointed to hear and determine civil and criminal matters in the Magistrates Court.

ORDERLY: In the Magistrates Court the orderly is a security officer who announces the opening and closing of court and calls out each case that is going to be heard.

POLICE PROSECUTOR: A specially trained police officer appearing in court representing the police in relation to criminal cases.

SENTENCE: An order made to impose a penalty to a person after they have been found guilty of an offence or entered a plea of guilty to an offence.

WITNESS: A person who saw, heard or experienced something and can give a first hand account.

2017 Cluedunnit Kids Competition

25/01/2017 The Law Society of Western Australia 21

Resources

• Legal Aid

• Francis Burt Law Education Programme

• Magistrates Court

• The Law Society of Western Australia

• Western Australia Police