LEHR EXTERNAL VACANCY NOTICE SBAA/001/15

Transcription

1 LEHR EXTERNAL VACANCY NOTICE SBAA/001/15 SOVEREIGN BASE AREAS ADMINISTRATION Applications are invited for the post of Associate Judges The Sovereign Base Areas are looking to appoint a number of Associate Judges who may be called upon to carry out judicial functions in relation to the business of the Resident Judge s Court which sits in Episkopi and Dhekelia. The official language of the courts is English. Applicants must: a) Be barristers, solicitors or advocates in the UK of at least 7 years standing; or b) Have been qualified, for a minimum of 10 years, practise in professional capacity equivalent to that of a barrister, solicitor or advocate in the UK, in any part of Her Majesty s dominions, the Republic of Ireland or the Republic of Cyprus. Subject to the requirements of the resident Judge s court, Associate Judges are expected to sit between 5 and 10 sittings per year on matters listed in the Resident Judge s court. Associate Judges may also be asked to exercise coronial functions in the absence of the Resident Judge. This post is non-salaried and non-pensionable. An Associate Judge will receive a fee of currently 363 per day irrespective of the length of the sitting. Any hourly rate of 51 is payable fro any time spent reviewing papers, signing warrants etc. An application and the Judicial Skills and Abilities Framework can be found at: Background on the SBAA can be found at Alternative you may contact the Senior Registrar on or by at: SBAA-Court-SnrRegistrar@mod.uk Completed applications must be sent to LEHR: BFC-SBAA-RECRUITMENT-GPMAILBOX@MOD.UK by 13:00 hrs on 30 April 2015.

2 ASSOCIATE JUDGE SOVEREIGN BASE AREAS, CYPRUS TERMS AND CONDITIONS OF APPOINTMENT INTRODUCTION 1. Section 8 of the Courts (Constitution and Jurisdiction) Ordinance 2007 provides for the appointment of Associate Judges by the Administrator. 2. This document sets out the general terms and conditions of appointment for Associate Judges who, on appointment, become members of the Resident Judge s Court in the Sovereign Base Areas (SBAs). Successful candidates must read and agree these terms and conditions when accepting the appointment. Such agreement includes an acknowledgement that the terms and conditions may be amended from time to time and, if changed, the revised terms and conditions will apply. Any changes to the terms and conditions will be notified in writing. NATURE OF APPOINTMENT AND PLACE OF DUTY 3. Associate Judges are judicial office-holders who may be called upon, on occasions, to carry out judicial functions in relation to the business of the Resident Judge s Court. The appointment should not be seen as guaranteeing that any work, or level of work or sittings will be offered or that sittings will take place at any particular location. Associate Judges are expected to sit on matters at the Resident Judge s Court in Episkopi and Dhekelia and must, therefore, either be resident within the Island of Cyprus or, at their own expense, be prepared to travel and be in the Island of Cyprus in order to exercise the functions of their office. SITTINGS AND HOURS 4. Subject to the requirements of the Resident Judge s Court, Associate Judges are expected, if requested to do so, to sit for a minimum of 5 to10 days a year on matters listed in the Resident Judge s Court. An Associate Judge may sit for more than the minimum sittings depending on the business needs of the Resident Judge s Court and individual circumstances. It is the personal responsibility of Associate Judges to ensure that, subject to sufficient sittings being requested of them, they meet the expectation of 5 to 10 sittings per year. 5. On allocation of a case or matter, Associate Judges should make themselves available for judicial business between the hours of 0645 and 1715 hours on Mondays and 0645 and 1330 hours on Tuesdays to Fridays but, if the nature and circumstances of a case are such that it is not possible to specify fixed hours, the hours of attendance will be determined by the Resident Judge or Presiding Judge. On occasions, Associate Judges will be asked to undertake

3 work out-of-hours and may also be asked to participate in an out-of-hours rota scheme. 6. In addition to sittings at court, an Associate Judge may be requested to complete an amount of judicial paperwork which will be allocated, on the instructions of the Resident Judge, by court staff. Associate Judges may also be asked to exercise coronial functions in the absence of the Resident Judge. REMUNERATION, TAX, ETC. 7. The post is non-salaried and non-pensionable. An Associate Judge will receive a fee for each day he/she attends court to sit as an Associate Judge. The fee is currently 363 per day, irrespective of the length of time spent sitting or at court on a particular day. An hourly rate of 51 is payable for any time spent reviewing papers, signing warrants, etc. on matters before the Resident Judge s court or in relation to the exercise of any coronial functions. An Associate Judge will receive 50% of the daily rate for any time spent undertaking training courses but only if such training is required or authorised by the Presiding Judge or Resident Judge. 8. The above rates are 'all in' rates and no additional allowances will be paid. The rates will be subject to periodic review by the Administration: this may result in an increase or decrease in the daily and hourly rates. 9. Income Tax will be deducted at source in accordance with the percentage rates of income tax which are set out in the relevant legislation. 10. Fees payable to an Associate Judge will, wherever possible, be paid directly into the Associate Judge s nominated bank account on the last working day of the month in which any work/sittings were undertaken. 11. Arrangements will be made to transport Associate Judges to court. If an Associate Judge chooses to make his/her own travel arrangements, no travel allowances will be paid. On occasions where transport cannot be provided by the Administration, a taxi can be used by the Associate Judge and reasonable costs for taxi charges will be paid. Claims for travel expenses should be made using the appropriate form which will be provided by the senior court registrar on request. Associate Judges must retain all receipts and send them to the Administration when claiming any authorised expenses. 12. No benefits or privileges will accrue in respect of an appointment as an Associate Judge. No payments will be made on days an Associate Judge is unable to work due to sickness. 13. Associate Judges are not entitled to a pension in relation to the appointment. 14. There is no entitlement to paid annual leave or public/privilege holidays. TRAINING 15. Before sitting alone, all newly-appointed Associate Judges must complete a period of sitting-in with the Resident Judge for a minimum of three days and are expected to attend a UK-based residential induction course arranged by the Judicial College.. Associate Judges are also required to attend post-

4 appointment training courses organised by the Judicial College, as recommended by the Resident Judge. 16. Training will be overseen by the Resident Judge. Failure to attend mandatory or recommended courses might result in an Associate Judge being removed from office. PERFORMANCE MANAGEMENT, APPRAISAL AND MENTORING 17. Associate Judges will be expected to participate in a performance management, appraisal and mentoring scheme approved the Presiding Judge. DURATION OF APPOINTMENT 18. An appointment as an Associate Judge is for a period of five years, subject to: a. the upper age limit of 70 years; b. compliance with the terms and conditions of appointment; and c. for as long as a person continues to be qualified for appointment. RENEWAL OF APPOINTMENT 19. At the end of the five-year appointment, the Administrator, acting on the recommendation of the Presiding Judge, may renew the appointment for further successive periods of five years. Renewal of the appointment is subject to the individual continuing to satisfy the qualifications for, and any conditions of, appointment. In addition, the individual must have demonstrated satisfactory standards throughout his or her tenure as an Associate Judge including in relation to: a. capacity to act as an Associate Judge; b. behaviour of any kind, including matters set out in c. to e. below c. meeting expectations as to minimum number of sittings; d. compliance with training requirements; and e. conduct that is consistent with what is expected, or reasonably expected, of members of the judiciary. 20. The Administrator may choose not to renew an appointment as part of a reduction in the number of Associate Judges because of changes in operational requirements or as part of a structural change to enable recruitment of new Deputy District Judges. 21. All decisions not to renew an appointment will be made by the Administrator, following a recommendation from the Presiding Judge. 22. Associate Judges may choose to end their appointment by informing the Administrator, in writing. UPPER AGE LIMIT 23. The appointment of an Associate Judge will not extend beyond the age of 70. REMOVAL FROM OFFICE

5 24. The Administrator, following a recommendation from the Presiding Judge, may terminate the appointment of an Associate Judge on the following grounds: a. inability of the Associate Judge to perform the duties of his/her office because of a permanent infirmity and where the Associate Judge is incapacitated from resigning from office; b. misbehaviour of any kind, including matters set out in paragraphs c. to e. below; c. failure to comply with training requirements (without good reason); d. persistent failure to meet the expectations of minimum sittings (without good reason); e. sustained failure to observe the standards reasonably expected from a holder of such office; f. the Associate Judge no longer satisfies the qualification for appointment; and g. non-compliance with the terms and conditions of appointment. CONFLICTS OF INTEREST 25. The governing principle is that no person should sit in a judicial capacity, in any circumstances, which would lead an objective onlooker (who has knowledge of all the material facts) reasonably to suspect that the person might be biased. As a general principle, a legal practitioner should not sit as an Associate Judge or appear in the Resident Judge s Court if he/she is liable to be embarrassed in either capacity by doing so. 26. As a general rule, it is undesirable for fee-paid judicial office holders who are legal practitioners to sit at courts where he/she or any partner or employee of theirs regularly practises. This is to help avoid a person being assigned to adjudicate in a case (or more than one case) from which they would have to stand down. 27. Where an Associate Judge is also a legal practitioner who regularly appears at any court in the SBAs (or who has partners or employees who do so), the Administrator and Presiding Judge consider that it is the personal responsibility of the Associate Judge (and not court staff) to ensure, as far as possible, that Associate Judge avoids any potential conflict of interest which might require him/her to stand down from a particular case. 28. Associate Judges: a. should not sit in cases involving their own firms or clients or otherwise where to do so could give rise to the perception of prejudice in the administration of justice; and b. should not determine any matter relating to a case if they have a personal, professional or pecuniary interest in that case, or if any business, practice or organisation of which they are members in any capacity have such an interest. 29. Associate Judges are expected to refrain from any activity, political or otherwise, which would conflict with their judicial office or be seen to compromise their impartiality. They should also be aware of the risk of a perceived lack of impartiality arising from published articles or public

6 pronouncements. Associate Judges should exercise caution in any reference to their appointment on, for example, on letterheads for their firms, etc. or in advertising literature. Associate Judges hold office only when they are serving judicially and should not use their appointment as a means of pursuing personal, professional or commercial advantage. 30. If any doubt arises on the application of these principles, an Associate Judge should seek guidance from the Resident Judge or Presiding Judge. JUDICIAL CONDUCT 31. The public both deserves and expects the highest standards of conduct from those who hold judicial office. Without prejudice to the paragraphs below, an Associate Judge should notify the Presiding Judge at the earliest opportunity if they are aware of any matters relating to conduct which may affect their position or may reflect on the standing and reputation of the judiciary at large. 32. An Associate Judge should also notify the Presiding Judge if they get into serious financial difficulties, particularly if legal proceedings appear to be likely to be, or have actually been, initiated. They should also inform the Presiding Judge of any complaint made against them by their professional body, whether it relates to their professional or judicial capacity. Associate Judges must notify the Presiding Judge if they are involved, or likely to be involved in any legal proceedings in the SBA courts or any tribunal in the SBAs. 33. Where, either before or after the commencement of service, an Associate Judge is cautioned for, or charged with, any criminal offence, other than a parking or speeding offence without aggravating circumstances, he/she should report the matter at once to the Presiding Judge and should keep the Presiding Judge informed of the progress and outcome of the case. Failure to do so could itself, in some cases, amount to misbehaviour. Convictions for some offences, including some motoring matters, need not necessarily be regarded as being incompatible with continuing to hold judicial office. If, however, an Associate Judge is convicted of a grave offence, for instance one involving violence to persons, dishonesty or moral turpitude, this would be sufficient for the Administrator and Presiding Judge to consider whether the Associate Judge should be removed from office on the grounds of misbehaviour. The Administrator regards a conviction for an offence of driving while under the influence of alcohol or drugs as so grave as to amount, prima facie, to misbehaviour. 34. The public must be entitled to expect all judicial office holders to maintain, at all times, proper standards of courtesy, behaviour and consideration. The Administrator and Presiding Judge do not regard behaviour which could cause offence, particularly on racial or religious grounds, or behaviour amounting to sexual harassment, as consistent with the standards expected of those who hold judicial office. A substantiated complaint of conduct of this kind, whether or not previous complaints have also been made, would be regarded by the Administrator as misbehaviour. MEDIA GUIDANCE 35. An Associate Judge should not make any statement to the media about any case in which he/she is or has been involved. Associate Judges should

7 consult the Presiding Judge about any contact with the media in connection with their role, including advice on issues such as inaccurate or misleading reporting and requests for interviews. OTHER WORK 36. An Associate Judge must obtain written approval from the Administration before he/she accepts certain offers of employment or other appointments during or after his/her appointment as an Associate Judge. The Administration will consult with the Presiding Judge before deciding whether approval will be given. This applies in circumstances where the Associate Judge: a. has had any official dealings with his/her prospective employer during his/her appointment as an Associate Judge; b. has, in his/her official duties as an Associate Judge, been involved in giving advice or making decisions benefiting a prospective employer; c. has had official dealings of a continued or repeated nature with a prospective employer at any time during his/her appointment as an Associate Judge; d. has had access to commercially sensitive information of competitors of a prospective employer in the course his/her official duties as an Associate Judge; or e. wishes to undertake work for a foreign government, or foreign government-owned body. ACKNOWLEDGEMENT 37. I accept the appointment as Associate Judge and acknowledge that I have read and that I understand the terms and conditions of appointment. I have also noted that the terms and conditions may be changed from time to time and that new terms and conditions, of which I will be notified in writing, may apply in the future.