The term ‘Young Citizens’ in this document refers to the Citizenship Foundation. Young Citizens is the trading name for the Citizenship Foundation, which, amongst other programmes, runs SmartLaw and the Mock Trials Competitions.
Young Citizens is an education charity working in primary and secondary schools to help educate, inspire and motivate the active citizens of tomorrow. It runs programmes and develops resources which promote participation and help young people understand the law, politics and democratic life for the purpose of inspiring and motivating them to develop into effective citizens.
The Citizenship Foundation is a company registered in England No 2351363 and a charity registered with no 801360 whose registered office is at 37 Heneage Street, London E1 5LJ).
2.1 These Terms and Conditions (the “Terms”), together with our and any other policies that may be posted on the Site from time to time, set out the Terms on which you may use the Site. The Terms govern any Services we provide to you and any purchases or subscriptions you make through the Site.
2.2 Please read the Terms carefully before using our Site or Services or purchasing a subscription through the Site, as the Terms will apply to your use of the Site, the Services and any subscriptions made through it. The Terms are a binding document which govern access to and use of the Site by Members.
2.3 By using the Site, you indicate that you accept and agree to the Terms. Before purchasing a service or subscription through the Site you will be asked to agree again to the Terms. If you do not agree with or refuse to accept the Terms, you cannot use the Site or any other part of our Services or otherwise make any purchases through the Site.
2.4 By entering the Magistrates’ Court Mock Trial Competition, Bar Mock Trial Competition and/or the Independent School Mock Trial Competition (hereafter the ‘Competition’ in all cases), you agree to comply with and be bound by the following Terms, which govern Young Citizens’ relationship with you in relation to the Competition. In the event of a conflict between any promotional or other materials provided by us and these Terms, these Terms shall take precedence.
2.6 Young Citizens is committed to delivering high quality programmes and services at all times. If there is anything to do with Young Citizens about which you feel you need to complain, please tell us as soon as possible. Please read our Complaints and Appeals Policy to understand our complaints process.
2.7 Young Citizens has a legal and moral duty to create and maintain the safest possible environment for children to enjoy any programme operated by us. Please read our Safeguarding Policy to find out more about our approach to safeguarding.
3. Definitions and Interpretation
‘Young Citizens’ or ‘us’ or ‘we’ refers to the organiser of the Competition whose registered office is 37 Heneage Street, London E1 5LJ and whose charity registration number is 801360 and company registration number is 2351363, registered office as above.
‘Site’ means the SmartLaw Site (https://smartlaw.org.uk/).
‘Services’ means downloading any resources; purchasing a subscription to our bank of resources and applying for any of our Mock Trial Competitions and accessing the relevant resources.
‘Member(s)’ means any educational institution registered by the Department for Education which is a registered user of the Site and/or Service, whether they access or use the Site or later withdraw from using the Service.
‘Participants’ means any Member who has applied for any of the Mock Trial Competitions.
Where the Terms refer to the Mock Trial Competitions, the term ‘Fee’ refers to the sum of:
- £210 to enter one team into the Magistrates’ Court Mock Trial Competition; or £280 for the Magistrates’ Court Mock Trial Competition PLUS Membership (which includes a one year school subscription to the SmartLaw resources).
- £230 to enter one team into the Bar Mock Trial Competition; or £300 for the Bar Mock Trial Competition PLUS Membership (which includes a one year school subscription to the SmartLaw resources).
- £830 to enter one team into the Independent School Trial Competition; or £900 for the Independent School Trial Competition PLUS Membership (which includes a one year school subscription to the SmartLaw resources).
Where the Terms refer to the Rules, you can find these here:
- Magistrates’ Court Mock Trial Competition Rules
- Bar Mock Trial Competition Rules
- Independent School Mock Trial Competition Rules
Where the term ‘you’ or ‘schools’ is used in this Agreement, this means the user of the Site and/or Service.
2. Use of the Site
2.1. You agree to use the Site in a manner consistent with any and all applicable laws, regulations and relevant policies. You may:
(a) view pages from our Site in a web browser;
(b) download pages from our Site for caching in a web browser;
(c) print pages from our Site;
(d) stream audio and video files from our Site; and
(e) use our Site Services by means of a web browser, subject to the other provisions of these Terms.
2.2 You may only use our Site for personal and educational purposes, and you must not use our Site for any other purposes.
2.3 We reserve the right to restrict access to areas of our Site, or indeed our whole Site, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Site.
3. Registration and Payment
3.1. To become a validly registered Member, you must complete all of the fields on the registration form(s).
3.2 To become a validly registered Participant and be considered for a place in the Competition, schools must pay Young Citizens the Fee. This is the full entry Fee for the Competition. There is no deposit.
3.3 Payment is to be made online via credit/debit card once an application form has been completed or by bank transfer or cheque if the ‘Request an invoice’ option is selected. We will not accept any other method of payment and cannot take payment over the telephone.
3.4 Young Citizens will publish a closing date for the Competition. At the discretion of Young Citizens, only entries for which an application form has been received before 4.00pm on the closing date will be allocated a place in the Competition. Additionally, Young Citizens will publish a last payment date for the Competition, it is the Participant’s responsibility to ensure that payment has reached us by the last payment date to participate in the Competition.
3.5 You agree that you are authorised to use the payment method that you enter when you create a billing account. You authorise us to charge you using your payment method. We may bill: (a) at the time of purchase; or (b) shortly after purchase.
4. Data Protection and Publicity
5. Liability of Young Citizens
5.1. Young Citizens has no contractual, moral or ethical obligation to verify the identity of persons who register as Members to use the Service, nor does Young Citizens verify or monitor the information provided by Members when registering as Members to use the Service.
5.2. Young Citizens accepts no liability for any loss suffered by a Member as a result of a breach of rights by another Member or any third parties.
5.3. Young Citizens does not warrant that the operation of the Site will be free from minor interruptions and errors.
5.4. The content on the Site is provided for general information only. It is not intended to amount to any advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of any of the content on the Site. Although we make reasonable efforts to update the content on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
5.5. To the extent permitted by law, Young Citizens excludes all warranties and representations (express or implied) from these Terms. You acknowledge that, as a Participant, you do not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms.
5.6. To the extent permitted by law, Young Citizens excludes any liability (including, without limitation, for negligence) regarding the Competition which includes, without limitation, liability for technical failure, travel disruptions and/or difficulties of any kind that may limit or hinder a participant from participating in the Competition.
5.7. By participating in the Competition, you agree to release and hold Young Citizens, its subsidiaries and affiliated companies, together with their respective employees, officers, directors, agents and representatives, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with participating in the Competition. Nothing in these Terms shall in any way limit Young Citizens’ liability for death or personal injury caused by its negligence or for any other matter where liability may not as a matter of law be limited.
6. Intellectual Property
6.1. Young Citizens is the owner or the licensee of all intellectual property rights in this Site, and in the material published on it. Those works are protected by intellectual property rights. All such rights are reserved.
6.2. Members must not distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Site or any content, files, feeds or data from or obtained through the Site or Services, whether publicly available or not.
6.3. Members must not reproduce any part of the Site or Services or any content, files, feeds or data obtained through the Site, including but not limited to any classroom resources in excess of what is reasonably required for personal non-commercial, pedagogical or classroom purposes.
6.4. Members must not use the Site in any commercial way.
6.5. Notwithstanding the above, you may modify or alter downloaded extracts or content from our Site if such amendment is required for genuine educational purposes of teaching.
7. Withdrawal of the Service
7.1. Young Citizens reserves the right to suspend or withdraw the Site or the Service at any and all times for any reason it sees fit.
7.2. Members may cancel their use of the Site by providing notice to Young Citizens. Where an All Resources – Annual Membership has been purchased either individually or as part of the Mock Trial PLUS Membership option, this is non-refundable as digital content is available immediately on completion of the relevant application form.
7.3. Members of the Site have a right to cancel their contract under the Consumer Contracts Regulations 2013 during the cancellation period. This cancellation period terminates at the end of 14 days after the day on which the contract is entered. This means that, during the cancellation period, if you change your mind or decide for any other reason that you do not want to receive or keep your Membership Service, you can notify us of your decision to cancel the contract and receive a refund. Any refund will be prorated based on the amount of the contract remaining.
7.4. To cancel your order, you must inform us by email to: firstname.lastname@example.org. We will communicate acknowledgement of receipt of your cancellation to you without delay. Participants must write to us cancelling their application by an agreed date (the ‘Refund Deadline’) before any Fee will be reimbursed.
7.5. Participants that withdraw before the published withdrawal deadline date (the ‘Withdrawal Deadline’) will receive the entire Fee back minus a £40 administration charge. Participants that withdraw after the published Withdrawal Deadline date will not receive any of their Fee back. Fees that are not claimed by the Refund Deadline will be retained as donations to Young Citizens.
7.6. Where a Magistrates’ Court Mock Trial PLUS, Bar Mock Trial PLUS or Independent Mock Trial PLUS Membership has been applied for, only the price of the competition element of the Membership fee will be refunded (minus a £40 administration fee). The remainder of the fee (£70) will be retained and schools will keep a 12-month subscription to the SmartLaw resources.
8. The Competition: Participants and Allocation of Places
8.1 Any students from participating schools must be enrolled in secondary education and resident within the UK, Channel Islands or Isle of Man.
8.2. In this clause, “applied before the deadline” means that we have received a fully completed entry form and the Fee before the Closing Date.
8.3. We receive more applications than we can accommodate in court rooms. Where we are unable to accommodate a heat in a court room we will seek to host at an alternative venue (such as a university) or remotely, using video conferencing technology. Ultimately, through one of these formats, we aim to accommodate all Participants. We will prioritise the following schools for attendance at a court room heat:
- a) schools that have not previously participated in the Competition and which have applied before the deadline,
- b) schools which we consider will help to meet our goals of increasing social mobility and social inclusion through the programme (e.g. high free school meals);
c) schools which we were not able to accommodate in a court room the previous year and which have applied before the deadline.
8.4. Participants are asked to select a first and second choice of heat. We will do our best to allocate you to one of your preferred options. However, a place in either of your heats of choice cannot be guaranteed. For the Magistrates’ Court Mock Trial competition there is an optional third choice; applications that make a first and second choice only will not be disadvantaged, or advantaged, in the allocation process.
8.5. The location of physical heats is subject to change on occasion. In such circumstance we will aim for a venue that is of a similar distance for the schools involved and will endeavour to reasonable notice. We accept no responsibility whatsoever for any expenses incurred as a result of any changes to the venue or the timetable of the day.
8.6. Nothing shall be taken to guarantee any school a place in the Competition in any subsequent year.
8.7. Young Citizens reserves the right to refuse access to the Competition (either on a temporary or permanent basis), or to give a lower priority to applications in some circumstances including, but not limited to:
- if it is found that a school has not fully completed or has given inaccurate information on their application form;
- Young Citizens determine that the school has acted in a way which is by its nature unjust to other entrants;
- the school has withdrawn from a heat previously with little notice;
- concerns around the behaviour of students or staff to other students or staff attending a heat.
9. Rules of the Competition and Prizes
9.1. The Rules and these Terms must be adhered to at all times. We reserve the right to disqualify any schools, if we have reasonable grounds to believe the entrants have breached any of the Rules or these Terms, in each case, without a refund of the Fee.
9.2. In the event that any entrant is disqualified from the Competition, Young Citizens in its sole discretion may decide whether a replacement should be selected. Such replacement will be selected at the discretion of Young Citizens. The replacement school will be subject to the Rules and these Terms.
9.3. In the event of differences or discrepancy between these Terms and/or the Rules and/or the Schools Guide, these Terms will prevail.
9.4. The judge’s or judges’ decision at the local heats (for the Magistrates’ Court Mock Trial Competition only), regional heats and national final is final. It is not possible to change the scores after the event.
9.5. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to the Competition, the decision of Young Citizens shall be final and no further correspondence or discussion shall be entered into.
9.6. Any prizes are non-transferable and there is no cash alternative. Young Citizens reserves the right to substitute prizes at any time.
10. Volunteers & Child Protection
10.1. Subject to availability, schools may be allocated a magistrate, barrister/advocate, students or other legal volunteer (the “Legal Volunteer”) to mentor their team where requested and available. We do not guarantee that a Legal Volunteer will be allocated to any school.
10.2. Under current legislation, volunteers do not require a DBS check to visit a school. However, this may be required by some Local Authorities or schools. It is the responsibility of the school to determine the applicability of such requirements and ensure that these are met.
10.3. Volunteers must not be left alone with students under any circumstances. Participating schools are responsible for the supervision of volunteers. Volunteers may refuse to continue a session if they are left unsupervised.
11. Attendance at Events
11.1 The number of guests that a school can bring to the heat will be limited. We will inform schools as to the number of guests they may bring. We are unable to be flexible on these numbers under any circumstances.
11.2. Anyone under the age of 18 attending a Young Citizens Competition (including remotely) must have supervision from an appropriate and responsible adult. It is not acceptable for children to be supervised by a peer who is over the age of 18. Young Citizens cannot take responsibility for any young people attending our events. Teachers are responsible for the conduct of their own students and guests throughout the heat (whether this takes place in person or remotely).
11.3. If in a physical venue. it is your obligation to ensure that any areas of the building that you have used are left clean and tidy and that all belongings and/or rubbish are removed or placed in the bins provided.
11.4. All attendees to heat in a court building will be subject to security checks on entry. Please ensure that students do not bring glass, sharp instruments or any illegal substances into the building.
11.5. We are unable to provide support for travel and accommodation to any heats, including regional and national heats.
12. Court Artist and Court Reporter Competitions
12.1. All submissions must be the students’ own work.
12.2. All submissions must be received by 4.00pm on the date set by Young Citizens. Any entries received after this deadline will not entered.
12.3. Entrants should note that, unless stated otherwise, Young Citizens does not accept responsibility for the return of any entries.
12.4. You agree that any copyright and other intellectual property rights vesting in your entry will be owned by the Young Citizens. You hereby warrant and represent that the entry does not infringe or otherwise violate the intellectual property or other rights of a third party.
13. Entire Agreement
13.1. This Agreement constitutes the entire agreement between the parties and governs the relationship between the Member and Young Citizens.
14. Jurisdiction and Applicable Law
14.1. This Agreement shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.
15.1. Young Citizens may modify the Terms set out in this Agreement, any Rules and/or Schools Guide at any time.
15.2. By using the Site and/or Service, the Member agrees to be bound by these Terms as amended from time to time.