Courtesy for moot trial

This is simple n basic courtesy which I've used for my criminal procedure moot trial... at that time, i'm acting on behalf of the prosecution side... if u re acting for the opponent then just change a few words..

My Lordship, may I/it please the court

INTRODUCING YOURSELF & OPPONENT

-   I’m  (ur name) appear with (junior counsel's name) for the prosecution or

I’m (ur name) and beside me my learned colleague/my learned junior (junior counsel's name). We are representing the prosecution.

-   My learned friend (                               ) appears with (                               ) for the defence counsel of the accused persons.

ASKING COURT LEAVE

-   With my Lord’s leave, my learned colleague/ junior will be addressing my Lord on the issues of the power of the public prosecutor to amend charge and power of court to invoke Section 158 of the Criminal Procedure Code.

*once you've introduced ur opponent, then please mention them as “my learned friend”

WHAT IS THE THING THAT U WISH TO SUBMIT BEFORE THE COURT

-   My Lord, prosecution here humbly seek to this honorable court an application to amend the charge to certain accused persons, namely, Ah Moi, Muthu and Ahmad from charged under section 302 of the Penal Court for murder with common intention under section 34 of the Penal Code to section 304 (First Limb) of the Penal Code for culpable homicide not amounting to murder with common intention under section 34 of the Penal Code.

IN CASE THE JUDGE WERE GIVEN A BUNDLE OF AUTHORITY

-   My Lordship, may prosecution confirm whether my Lord had received upon those my authority case

REMIND THE JUDGE ON THE FACTS OF THE CASE

-   would my Lordship like to be brief on the facts of the case

HINT: ayat boleh guna sebelum say or do something

-May it please you My Lord

-with your Lordship’s leave

START SUBMISSION

-   With your Lordship’s leave, shall prosecution proceed with the submission?

HINT : REFERRING TO DOCUMENTS

-   May I invite My Lord’s attention to exhibit X

-   Might I take your Lordship to page (     )

*in case, if judge had difficulty in finding a documents

-   Is My Lord is with me at paragraph (   ) at page (      )

*If intends to read from a document

-   With My Lord’s leave, if I might be permitted to read from paragraph 3…

HINT: REFERRING TO AUTHORITIES

-   As to the law on this proposition, may I invite my Lady to the prosecution bundle of authorities? It appears at page (     ). It is a decision of the Supreme Court in the case of (                                  ) and is cited as [1977] 1 AMR 612

-   I will not trouble my Lord with pages 25 and 26, but there is a passage on page 28 that is relevant to our point of arguments

HINTS TO START THE SUBMISSION

-   Therefore, my Lord, on the facts and the law, it is my submission that…..

-   The argument I would therefore advance, my Lord, on the facts of the case is that firstly, the issue of provocation. Secondly, on the issue of absence of mens rea

HINTS: WAYS TAKING QUESTIONS

-   I take my Lord’s question, it might be clearly addressed after I have finished my part of submission

-   With my Lord’s indulgence, what is troubling my Lord will be addressed later in my submission

-   Might I take my Lord’s point a little later

*if judge insist on immediate answer

-   May I deal with my Lord’s concern immediately? The answer may be found in…..

HINTS: TO DEFER JUDGE/ OPPONENT SAYING 

-   I beg to defer!

HINTS : NO/ YES

-   Indeed! (stand for YES)

-   My apologies! (stand for NO)

CLOSING SUBMISSION

-   My Lord, I would like to seek the permission of the court to proceed with the prayer for relief

-   Much obliged!

-   My Lord, based on the above mentioned counts that prosecution have submitted, prosecution humbly pray to this honorable court that based on the evidence/exhibit tendered in court, the prosecution believe that the conviction for Muthu, Ah Moi and Ahmad directed more to and fulfilling the elements of conviction under section 304 (First Limb) of the Penal Code.

-   Therefore, prosecution humbly pray to the court to amend  the charge under section 302 of the Penal Code to section 304 (first limb)of Penal Code to certain accused person, namely,  to Ah Moi, Muthu and Ahmad

-   With My Lord’s leave, prosecutions humbly pray to the court to grant to the prosecution to produce a copy of the amended charge to the three accuse person and mark the amended charge as an exhibit.

CLOSING REMARKS

-   Your Lordship!

-   If there is no further inquiries as regards the prosecution submission on this issue proof upon the court

-   The prosecution wishes to take a retreat and give a way to our learned friend to resume their submission

-   Much obliged, My Lord!

-   Thank you for your time and indulgence..

.